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Motil Terms of Service
Effective Date: September 27, 2019
These Terms of Service constitute a legally binding agreement between you and P2 LLC d/b/a Motil (“Company” or “Motil”) governing your use of the Motil Platform (as defined below), Company’s website (https://www.motil.com or the “Site”) and mobile applications (the “Apps”). The Motil Platform and related Services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Motil to you (“You” or “User”) in relation to the Services, together are hereinafter collectively referred to as the “Motil Platform.” The term “User” may also refer to any other “User” of the Motil Platform. ​

Any personal data you submit to the Motil Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the Motil Platform you have reviewed the Privacy Policy. Your use of the Motil Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, the Motil Promise (the “Motil Promise”), and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy and the Motil Promise are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement” or “Terms of Service.” ​​

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND MOTIL CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19 OR 20, AS APPLICABLE). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. ​

IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 19 OR 20, AS APPLICABLE) AND YOU ACCEPT ALL OF ITS TERMS. ​

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE MOTIL PLATFORM.
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By installing Motil, clicking to accept or agree to these Terms of Service, or by otherwise accessing and using any aspect of the Motil Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with Motil in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the Motil Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the Motil Platform or the Services. ​

MATERIAL TERMS AND NOTICES
As provided in greater detail in these Terms of Service (and without limiting the express language of these Terms of Service), you acknowledge the following highlights of these Terms of Service include:

  • The Motil Platform connects you to other Users. You are neither an employee nor subcontractor of Motil.
  • Your agreement that the Motil Platform is provided “as is” and without warranty (Section 17).
  • Your agreement that Company has no liability regarding the Motil Platform or the performance of jobs or Services (as defined below, including at Sections 2 and 17).
  • Your agreement that Company has no liability regarding the Motil Platform or the performance of jobs or Services (as defined below, including at Sections 2 and 17).
  • Your acknowledgment and agreement that Customers, and not Motil, scope, supervise, direct, control, and monitor a Provider’s work and the jobs or Services (including at Sections 2, 12, and 23).
  • Your acknowledgement and agreement that Users are solely responsible for determining if the Users they hire are qualified to perform the job or Service at hand.
  • Your acknowledgement and agreement that Users are independent contractors of other Users and not employees, independent contractors or Service providers of Motil (including at Sections 2, 4 and 12)
  • Your consent to release Company from liability based on claims between Users (including at Section 3) and generally (including at Sections 12 and 17).
  • Your agreement to indemnify Motil from claims due to your use or inability to use the Motil Platform or content submitted from your account to the Motil Platform (including at Section 18).
  • Your consent to submit any claims against Company to binding arbitration, and on an individual basis only, to the extent permissible by law (including at Section 19).
  • The use of the Motil Platform may be subject to separate third-party terms of Service and fees, including, without limitation, such terms of Service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
  • You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;
  • Access to certain features of the Motil Platform may require access to information about the location of your device, such as GPS coordinates;
  • We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Motil Platform for our business purposes, including to provide and improve customer Service and the Motil Platform, fraud prevention, and to identify violations of this Agreement;
  • You agree not to circumvent the Motil Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
  • You agree to and acknowledge the “Notice Regarding Apple” in Section 38 below.
1. Changes to the Terms of Service
Motil may revise and update these Terms of Service from time to time in our sole discretion. Please check these Terms of Service periodically for changes. If a change to these Terms of Service materially modifies your rights or obligations, you will be required to accept the modified Terms of Service to continue to use the Moil Platform. Material modifications are effective upon your acceptance of the modified Terms of Service. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Service will be resolved in accordance with the version of the Terms of Service that was in effect at the time the dispute arose.
2. The Motil Platform Connects Users and is Strictly for Communications
For purposes of this Agreement, the Services provided by Providers (“Providers”) to their Customers (“Customers”) that are scheduled through the Motil Platform shall be referred to as the “Jobs” or "Services.” Jobs or Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the Motil Platform due to applicable requirements). Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Providers may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE MOTIL PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF MOTIL. MOTIL MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. MOTIL DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. MOTIL HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, MOTIL IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER.
3. User Vetting and User Representations and Warranties
User Vetting
​ In Motil’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the Motil Platform, including but not limited to a verification of identity, using third party Services as appropriate (“Identity Checks”). Although Motil may perform Identity Checks, Motil is not required to do so and cannot confirm that each User is who they claim to be. Motil cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Motil Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Motil will not be liable for any false or misleading statements made by Users of the Motil Platform. NEITHER MOTIL NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “MOTIL AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MOTIL PLATFORM AND YOU HEREBY RELEASE MOTIL AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MOTIL PLATFORM.
User Representations and Warranties
​ You represent and warrant that: (1) you are 18 years of age or older (for U.S. based users) or are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service, the Motil Promise, and the Privacy Policy in order to access and use the Motil Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Motil in connection with the Motil Platform without the prior written consent of Motil and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including paying/receiving payment through the Motil Platform using the PSP (as defined below), performing the Service(s) agreed upon as between the Providers and Customers, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Provider or User as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for Services provided through the Motil Platform (the “PSP”). You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You warrant that you will not purchase or deliver controlled substances on the Motil platform. You further represent and warrant that when using or accessing the Motil Platform, you will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith.

You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Motil may reasonably wish to know about in connection with the Motil Platform, including without limitation, if you are using or will or intend to use the Motil Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Motil Platform.

Providers additionally represent and warrant that you will provide timely, high-quality Services to your Customers, you will only offer and provide Services for which you have the necessary skills and expertise, and you will provide the Services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing Services. ​
Excluded Services
Excluded Services deemed ineligible for scheduling or performing through the Motil Platform include, but are not limited to, Services that make a User unsafe, Services involving the handling of weapons, explosives, or hazardous materials, and/or any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
4. Contract between Providers and Customers
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a Service or job with another User. The terms of the Service Agreement include the terms set forth in this Section 4, the engagement terms proposed and accepted on the Motil Platform, and any other contractual terms accepted by both the Provider and their Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section 4, and do not expand Motil’s obligations or restrict Motil’s rights under this Agreement. You agree that Motil is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other Service relationship between Motil and the Provider (or Assistants (as defined below)), nor will it create an employment relationship between the Customer and the Provider (or Assistants (as defined below)). Motil’s role is restricted solely to acting as a limited payment collector for the Provider to facilitate payment on behalf of the Provider through the Motil Platform using the PSP in respect of Services or Jobs they perform. In acting as the limited payment collector for particular Services or Jobs on the Motil Platform, Motil disclaims any other agency or authority to act on behalf of the Provider, and assumes no liability or responsibility for any acts or omissions of the Provider, either within or outside of the Motil Platform.

Where approved in advance by the Customer, the Provider is not obligated to personally perform the job or Service. Before any Jobs or Services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Provider (collectively “Assistants”), the Provider shall require any such individuals to become fully registered, oriented and verified Providers on the Motil Platform. A Provider’s failure to comply with this provision by bringing an Assistant who is not a registered Provider could lead to removal from the Motil Platform. The Provider assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Jobs or Services.

While using the Motil Platform, Customers, in their sole discretion, determine whether they will be present or not when a Job or Service is performed and/or completed. Customers who elect not to be present when a Job or Service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the Job or Service is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Provider may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself.

The Customer shall pay their Provider directly for completed Job or Service Services through the PSP as indicated on the Motil Platform at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Job or Service. Both Users agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding. Motil reserves the right to suspend or terminate any account, Job or Service pending the resolution of any dispute.
5. Billing, Payment, and Cancellations
Users of the Motil Platform contract for Jobs or Services directly with other Users. Motil will not be a party to any contracts for Job or Services or Services. Payment for Jobs or Services through the Motil Platform is made directly from the Customer to the Provider via the PSP, and not by Company. Company is not obligated to pay Provider for Customer’s failure to pay for Services.

Users of the Motil Platform will be required to provide their payment method details to Company and the PSP. Providers are responsible for invoicing their Customers within 24 hours of the work being performed, even if the Job or Service is not completed in its entirety or is designated as “ongoing”. Customers will be responsible for paying the invoice for each Job or Service (the “Invoice”), which will include (i) the pricing terms of the Job or Service agreed with and provided by a Provider (“Job or Service Payment”), (ii) any out of pocket expenses agreed with and submitted by a Provider in connection with the Job or Service, (iii) any tip or gratuity, if applicable, (iv) the Service charge Company assesses to the Customer as payable for the use of the Motil Platform, variable based on the Job or Service Payment amount, and (v) the platform fee (sometimes referred to as Safety & Support Fee) Company assesses to the Customer, which is used to offset Company’s cost of providing Users with customer support, providing the Motil Promise set forth in Section 13, and other various business objectives, and (vi) cancellation fees, if applicable. Providers will be responsible for paying (i) registration fees, if applicable and (ii) cancellation fees, if applicable and (iii) repayment of erroneous payments. Reasonable cancellation fees not to exceed $50 may be imposed upon Customers who cancel less than 24-hours before an appointment. Cancellation by a Provider with less than 24-hours notice is a violation of these Terms of Service. PLEASE BE ADVISED THAT CANCELLATION BY A PROVIDER WITH LESS THAN 24-HOURS NOTICE MAY RESULT IN A SUSPENSION OR DEACTIVIATION OF A PROVIDER ACCOUNT. Customers may also be charged credit card processing fees equal to three percent (3%) of the aggregate expense amount if expenses related to a Job or Service individually, or Jobs or Services in the aggregate over a 30-day period, exceed $300.00.

Providers may be required to register with the PSP, agree to terms of Service of the PSP, and go through a vetting process at the request of the PSP to set up their account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, each Provider agrees that they have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Motil is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Motil has no obligations, responsibility or liability to any Provider or other party under the PSP Services Agreement.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Company and/or the PSP may validate an account before activation. As part of the account validation, a temporary charge is placed on the account associated with the User and then refunded within 1-3 business days. Due to the difference in PSP and credit card issuer requirements, this temporary charge may vary between $0.01 to $5,000.00, depending on the estimated value of the Job or Service and expenses.

When Customer receives confirmation through the Motil Platform or via email that a Job or Service has been completed, Customer automatically authorizes the PSP to process the Invoice. Users may be charged a one-hour cancellation fee through the PSP if you book (or accept) a Job or Service, but cancel it before the scheduled time for performance. Company reserves the right (but not the obligation), in its sole discretion, upon request from Customer or Provider, or upon notice of any potential fraud, unauthorized charges or other misuse of the Motil Platform, to (i) place on hold any Job or Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the PSP to do so.

Job or Service Payments and fees must be paid through the PSP as indicated on the Motil Platform. Users of the Motil Platform will be liable for any taxes required to be paid on the Jobs or Services provided under the Agreement.
6. Public Areas; Acceptable Use
The Motil Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, Job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Motil Platform, you should not share your personal contact information with other Users.

Without limitation, while using the Motil Platform, you may not:
  • Defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the legal rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Motil staff, or use information learned from the Motil Platform or during the performance of Jobs or Services to otherwise defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the legal rights of any other User or Company staff;
  • Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information on the Motil Platform;
  • Use the Motil Platform for any unauthorized purpose, including, but not limited to posting or completing a Job or Service in violation of local, state, provincial, national, or international law;
  • Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Company;
  • Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer;
  • Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly;
  • Advertise or offer to sell any goods or Services for any commercial purpose through the Motil Platform which are not relevant to the Jobs or Service Services offered through the Motil Platform;
  • Post or complete a Job or Service requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300) without obtaining pre-authorization from Company, (iii) provide ridesharing or other peer to peer transportation Services, (iv) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (v) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by Company in its sole discretion;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments;
  • Post the same Job or Service repeatedly (“Spamming”) – Spamming is strictly prohibited;
  • Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Motil Platform;
  • Restrict or inhibit any other User from using and enjoying the Public Areas;
  • Imply or state that any statements you make are endorsed by Motil, without the prior written consent of Motil;
  • Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Motil Platform, or the electronic addresses or personal information of others, in any manner;
  • Frame or utilize framing techniques to enclose the Motil Platform or any portion thereof;
  • Hack or interfere with the Motil Platform, its servers or any connected networks;
  • Adapt, alter, license, sublicense or translate the Motil Platform for your own personal or commercial use;
  • Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Motil and Affiliates;
  • Upload content to the Motil Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
  • Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;
  • Use the Motil Platform to solicit for any other business, website or Service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Motil Platform as set forth herein;
  • Use the Motil Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means;
  • Use the Motil Platform or the Jobs or Services in violation of this Agreement;
  • Use the Motil Platform in a manner that is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes;
  • Attempt to circumvent the payments system or Service fees in any way including, but not limited to, processing payments outside of the Motil Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  • Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or
  • Cause any third party to engage in the restricted activities above.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Motil will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
7. Mobile App Updates and Upgrades
By installing Motil (or the “App”), you consent to the installation of the App and any updates or upgrades that are released through the Motil Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Motil’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.
8. Termination and Suspension
Company may terminate or limit your right to use the Motil Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.

If Company terminates or limits your right to use the Motil Platform pursuant to this Section 8, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Motil Platform as a Customer due to a User Breach, you will not be entitled to any refund of unused balance in your account.

Even after your right to use the Motil Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 19 of these Terms of Service.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Motil Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Motil Platform. Company has the right to restrict anyone from completing registration as a Provider if Company believes such person may threaten the safety and integrity of the Motil Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Motil Platform. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
9. Account, Password, Security, and Mobile Phone Use
You must register with Motil and create an account to use the Motil Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the Motil Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the Motil Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Company has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to contact Company immediately.

By providing your mobile phone number and using the Motil Platform, you hereby affirmatively consent to Motil’s use of your mobile phone number for calls and recurring texts in order to (a) perform and improve upon the Motil Platform, (b) facilitate the carrying out of Job or Services through the Motil Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Jobs or Services, product alterations, changes and updates, Service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Jobs or Services and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by emailing support@motil.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing support@motil.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
10. User Generated Content
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the Motil Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Motil is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Motil has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the Motil Platform at its sole discretion.

You hereby represent and warrant to Company that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not represent you being employed or directly engaged by or affiliated with Motil or purport you to act as a representative or agent of Motil; and (i) will not create liability for Company or cause Company to lose (in whole or in part) the Services of its ISPs or other partners or suppliers.

The Motil Platform hosts User Generated Content relating to reviews and ratings of specific Providers (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Customer should undertake their own research to be satisfied that a specific Provider is the right person for a Job or Service. You agree that Company is not responsible or liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.

You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the Motil Platform.

Each Provider who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects (collectively, “Media”), in exchange for the right to use the Motil Platform, hereby waives any and all moral rights in connection with such Media and irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

  • Exhibit, distribute, display, transmit, and broadcast on any and all media, including, without limitation, the internet, any videotape, film, recording or photograph that such User provides to Company or that Company takes of Provider, and use, reproduce, modify, or creative derivatives of such Provider picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”);
  • Reproduce in all media any recordings of such Provider’s voice, and all related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Motil Platform;
  • Use, and permit to be used, such Provider’s Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Motil Platform in any media; and
  • Use, and permit to be used, such Provider’s name and identity in connection with the Motil Platform.
Each Provider warrants and represents that they have the lawful authority to grant the rights set out above.

Each Provider hereby waives all rights and releases Motil and Affiliates from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Provider’s identity, likeness or voice in connection with the Motil Platform.

Each Provider acknowledges that Motil shall not owe any financial or other remuneration for using the recordings provided hereunder by such Provider, either for initial or subsequent transmission or playback, and further acknowledges that Motil is not responsible for any expense or liability incurred as a result of such Provider’s recordings or participation in any recordings, including any loss of such recording data.
11. Links to Third-Party Websites
The Motil Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Motil Platform as well as any advertisements displayed in connection therewith) are provided as an information Service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or Services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Motil is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Motil has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Motil Platform at its sole discretion.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Motil expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Motil Platform. You hereby agree to hold Motil harmless from any liability that may result from the use of links that may appear on the Motil Platform.

As part of the functionality of the Motil Platform, you may link your account with online accounts you may have with third party Service providers (such as Facebook) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Motil Platform; or (ii) allowing Motil to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Motil and/or grant Motil access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Motil to pay any fees or making Motil subject to any usage limitations imposed by such third-party Service providers. By granting Motil access to any Third-Party Accounts, you understand that (i) Motil may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content”) so that it is available on and through the Motil Platform via your account, including without limitation any friend lists, and (ii) Motil may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Motil Platform. Please note that if a Third-Party Account or associated Service becomes unavailable or Motil’s access to such Third-Party Account is terminated by the third-party Service provider, then SNS Content may no longer be available on and through the Motil Platform. You will have the ability to disable the connection between your account on the Motil Platform and your Third-Party Accounts at any time, as set forth below.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.

Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Company is not responsible for any SNS Content.
12. Worker Classification and Withholdings
AS SET FORTH IN SECTION 1, MOTIL DOES NOT PERFORM JOBS OR SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS OR SERVICES. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF A CUSTOMER, YOU INDEMNIFY AND HOLD MOTIL AND AFFILIATES HARMLESS, AND IF A PROVIDER, YOU FULLY AND FINALLY RELEASE MOTIL AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT PROVIDERS OR ASSISTANTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF JOB OR SERVICES OR SERVICE AGREEMENTS OR THE USE OF THE MOTIL PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF PROVIDERS AND ASSISTANTS AND THE TERMINATION OR CESSATION OF ANY JOB OR SERVICES, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE MOTIL PLATFORM.

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges and agrees that Motil does not, in any way, supervise, scope, direct, control or monitor a Provider’s work, Jobs or Services performed in any manner. Company does not set a Provider’s work hours or location of work. Motil will not provide any equipment, tools, labor or materials needed for a particular Job or Service. Motil does not provide any supervision to Users.

The Motil Platform is not an employment agency Service or business and Motil is not an employer of any User. As such, Motil is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the Motil Platform. Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Jobs or Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

This Section 12 in no way limits the generality of Section 17.
13. Motil Promise
Our Motil Promise is that the Job or Service You order and pay for will be performed as described in the description of the Job or Service when You ordered it. If You have ordered and paid for a Job or Service but you believe the Job or Service was not performed in accordance with the Motil Promise you must report the issue within twenty-four (24) hours of the Service appointment to our Support Center at support@motil.com and respond to all follow up questions requested of you from the Support Center, and you may be eligible for the Motil Promise Remedies. The "Motil Promise Remedies" are as follows: if we determine that a Job or Service does not meet the Motil Promise, we will, in our sole discretion, either refund the payment you actually made for such Job or Service, or have the applicable Job or Service re-performed. If the Job or Service is re-performed but we determine the re-performance still does not meet the Motil Promise, we will refund the payment actually made for such Job or Service. The amount of the Motil Promise is limited to any payment You made for the Job or Service. The Motil Promise does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the Motil Promise does not apply to any payments made for Jobs or Services not scheduled and paid for through the Motil Promise.

THIS SECTION 13 STATES MOTIL'S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

This provision applies only to the fullest extent provided by law and otherwise does not affect liability that cannot be excluded or limited under applicable law

Motil reserves the right in its sole discretion to eliminate the Motil Promise altogether or to modify its terms at any time, effective with or without notice and without any liability to Motil, although Motil will endeavor to post notification of any material changes.

The Motil Promise does not supersede any of the terms set forth in the Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in these Terms of Service. In the unlikely event of a conflict with the Motil Promise, these Terms of Service prevail over any contrary interpretation of the Motil Promise. The Motil Promise is not intended to be any sort of insurance and Motil is not an insurer, as such terms are understood for regulatory purposes.
14. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Motil Platform is owned by Motil, excluding User Generated Content, which Users hereby grant Motil a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Motil owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Motil Platform without Motil’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Motil and, if applicable, the holder of the rights to the User Generated Content.

The Service marks and trademarks of Motil, including without limitation Motil and Motil logos, are Service marks owned by Motil. Any other trademarks, service marks, logos and/or trade names appearing via the Motil Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
15. Copyright Complaints and Copyright Agent
Motil respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Motil Platform infringe upon your copyright or other intellectual property right, please send the following information to Motil’s Copyright Agent at: Motil, Inc., 3109 Grand Avenue #151 Coconut Grove, FL 33133-5103, USA or support@Motil.com:

  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Motil Platform where the material you claim is infringed is located. Include enough information to allow Motil to locate the material, and explain why you think an infringement has taken place;
  • A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
  • Your address, telephone number, and e-mail address;
  • 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 information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Repeat Infringers. Motil will promptly terminate without notice the accounts of Users that are determined by Motil to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 17 below) removed from the Motil Platform at least twice.
16. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Motil and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Motil Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Motil in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Motil upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Motil’s trade secrets, confidential and proprietary information, and all other information and data of Motil that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, Services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Motil or Motil’s business, operations or properties, including information about Motil’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
(a) Use Of The Motil Platform Is Entirely At Your Own Risk ​

THE MOTIL PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MOTIL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MOTIL PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE MOTIL PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOTIL PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Motil does not warrant, endorse, guarantee or assume responsibility for any Service advertised or offered by a third party through the Motil Platform or any hyperlinked website or featured in any banner or other advertising, and Motil will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or Services. As with the purchase of a product or Service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Motil and Affiliates do not warrant that access to the Motil Platform will be uninterrupted or that the Motil Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Motil Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Job or Service, Service, information or materials provided through or in connection with the use of the Motil Platform. Motil and Affiliates are not responsible for the conduct, whether online or offline, of any User. Motil and Affiliates do not warrant that the Motil Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Motil and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

Notwithstanding any feature a Customer may use to expedite Motil selection, each Customer is responsible for determining the Job or Service and selecting their Provider and Motil does not warrant any goods or Services purchased by a Customer and does not recommend any particular Provider. Motil does not provide any warranties or guarantees regarding any Provider’s professional accreditation, registration or license.

In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby. ​

(b) No Liability ​

You acknowledge and agree that Motil is only willing to provide the Motil Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Motil and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Motil Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or Service provided by Motil and Affiliates and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL MOTIL AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY MOTIL, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MOTIL PLATFORM OR THE JOB OR SERVICE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

MOTIL AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS MOTIL PLATFORM. MOTIL AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE MOTIL PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MOTIL AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for consequential or incidental damages, so certain aspects of the limitations above may not apply to you. This provision applies only to the fullest extent provided by law and otherwise does not affect liability that cannot be excluded or limited under applicable law. ​

(c) Release ​

THE MOTIL PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE MOTIL IS NOT A PARTY TO OR OTHERWISE INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE JOB OR SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE MOTIL AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “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.”
18. Indemnification
You hereby agree to indemnify, defend, and hold harmless Motil and Affiliates, and their attorneys, insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from and against any and all Liabilities incurred in connection with (i) your use or inability to use the Motil Platform or perform Job or Services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any User or third party and (iv) any content submitted by you or using your account to the Motil Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Motil reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Motil.
19. Dispute Resolution – Arbitration & Class Action Waiver (U.S. Users)
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND MOTIL CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND MOTIL TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. SECTION 19 DOES NOT APPLY TO USERS RESIDING IN CANADA, AND USERS RESIDING IN CANADA AND MOTIL AGREE THAT SECTION 20 SHALL APPLY INSTEAD. (a) Informal Negotiations To expedite resolution and reduce the cost of any dispute, controversy or claim between you and Motil (each a “Claim” and collectively “Claims”), you and Motil agree to first attempt to negotiate any Claim (except those Claims expressly excluded below) informally for at least thirty (30) days before initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written notice to the other party—including a brief written statement describing the name, address, and contact information of the notifying party, the facts giving rise to the Claim, and the relief requested. You must send such written notice to Motil, Inc., 3109 Grand Avenue #151 Coconut Grove, Florida 33133-5103 Attention: Legal. If necessary to preserve a Claim under any applicable statute of limitations, you or Motil may initiate arbitration while engaging in the informal negotiations.

During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability, in arbitration or other proceeding involving the parties.

After a good faith effort to negotiate, if you or Motil believe a Claim cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”). (b) Agreement to Binding Arbitration IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND MOTIL MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate contained in this Section 19 (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives the termination of this Agreement and your relationship with Company. Any controversy or claim arising out of or relating to this this Agreement, or the breach thereof, the Motil Platform, or the types of claims listed below, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or controversy whether based on past, present or future events arising out of or relating to: this Agreement and prior versions (including the breach, termination, enforcement, interpretation or validity thereof); the Motil Platform, Jobs or Services; your relationship with Motil; the threatened or actual suspension, deactivation or termination of your Account or this Agreement; payments made by you or any payments made or allegedly owed to you; any city, county, state or federal wage-hour law; compensation, breaks and rests periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress; any promotions or offers made by Company; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Company and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters; and all other federal and state statutory and common law claims.

If there is a dispute about the arbitrability of any Claim (including questions about the scope, applicability, interpretation, validity, and enforceability of this arbitration agreement), you and Motil agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the arbitrator shall have initial authority to resolve such threshold disputes, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND MOTIL ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE. (c) Agreement Prohibiting Class Actions and Non-Individualized Relief Except as otherwise required under applicable law, you and Motil agree that any arbitration will be limited to the Claim between Motil and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND MOTIL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Motil otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to Private Attorney General Act Claims brought against Company, which are addressed separately in Section 19(d) below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as defined below), disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible. (d) Representative PAGA Waiver Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Motil agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Company agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration. (e) Rules and Logistics Governing Arbitration The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. You and Motil agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, both you and Company will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing and arbitration fees. (ii) If a Customer or Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Company will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). (iii) If a Customer or Provider files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Company shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Customer or Provider shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which they perform Jobs or Services, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose, however, then the allocation of fees will be governed by the applicable AAA Rules. (iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.). (v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the Miami-Dade County, Florida. (f) Exceptions to Arbitration The following types of Claims may be, but are not required to be, arbitrated under the Arbitration Agreement:

  • Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
  • Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
  • Applications for provisional remedies, preliminary injunctions, and temporary restraining orders, including those relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
  • A representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction; and
  • Claims that may not be subject to arbitration as a matter of general law not preempted by the Federal Arbitration Act.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. However, you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint and instead may seek such relief only through arbitration under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies. ​

(g) Severability ​

Except as otherwise provided in the severability provisions in Sections 19(c) and 19(d) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. (h) Right to Opt Out of Arbitration Agreement If you are a Provider, you may opt out of the Arbitration Agreement by notifying Company in writing within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a written notification via certified mail (or some other type of verifiable and trackable correspondence) to Company at Motil, Inc., 3109 Grand Avenue #151 Coconut Grove, Florida 33133-5103 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions. ​
20. Governing Law; Jurisdiction
USERS RESIDING IN THE UNITED STATES: Except as provided in Section 19 or expressly provided otherwise, this Agreement and your use of the Motil Platform will be governed by, and will be construed under, the laws of the State of Florida, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Florida law to interpret this Agreement and is not intended to create any substantive right to non-Floridians to assert claims under California law whether by statute, common law, or otherwise. ​
21. No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. ​
22. General Provisions
Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Company with respect to its subject matter, and supersedes and governs any and all prior agreements or communications. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” in Section 19, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this Section 23 shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns. ​
23. Licensing
Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering Services and undertaking Job or Services. Indeed, certain types of Jobs or Services may be prohibited altogether, and it is the responsibility of Providers to avoid such prohibited Jobs or Services. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Job or Services on the platform, you can and should first seek separate legal guidance. ​

Because Motil does not oversee, monitor or supervise the posting, scoping or performance of Job or Services, Customers must determine for themselves whether a Provider is qualified to perform the specific Job or Service at hand. Customers may wish to consult their state/provincial/territorial or local requirements to determine whether certain Job or Services are required to be performed by a licensed professional. ​
24. Changes to this Agreement and the Motil Platform
Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy and Motil Promise) and review, improve, modify or discontinue, temporarily or permanently, the Motil Platform or any content or information through the Motil Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Motil Platform. Your continued use of the Motil Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may also impose limits on certain features or restrict your access to part or all of the Motil Platform without notice or liability. ​
25. No Rights of Third Parties
None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement. ​
26. Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions. ​
27. Notice Regarding Apple
If you are using our mobile applications on an iOS device, the terms of this Section 27 apply. You acknowledge that these Terms of Service are between you and Motil only, not with Apple, and Apple is not responsible for the Motil Platform or its content. Apple has no obligation to furnish any maintenance or support Services with respect to the Motil Platform. If the Motil Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Motil Platform. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the Motil Platform, including: (a) product liability claims; (b) any claim that the Motil Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the Motil Platform or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Motil Platform. Apple and Apple's subsidiaries are third-party beneficiaries of Section 27 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 27 of these Terms of Service against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. ​
28. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery Service.
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