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PROJECT_XXXX_XX_XX_CODE

Terms & Conditions

The use of all personal data you submit to the Platform or which we collect about you is governed by our Global Privacy Policy (“Privacy Policy”). 

These Terms governs your access to and use of the Platform.  The Agreement also includes all other supplemental policies and terms referenced and/or linked to within these Terms or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into the Agreement by reference 

FOR U.S. AND CANADIAN USERS, SECTION 24 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST CASASPIRE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION. 

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE AGREEMENT (INCLUDING, ALL TERMS INCORPORATED HEREIN BY REFERENCE).

IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

1. The Platform.  
A. Online Marketplace.
The Platform is an online web- and app-based two-sided marketplace which enables connections between Clients and Providers. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Task(s)”), and “Provider(s)” are businesses seeking to perform Tasks for Clients.  Clients and Providers are referred to herein together as “User(s)”. 

Providers are independent business owners, providing services under their own name or business name (and not under Casaspire’s name), using their own tools and supplies.  Providers choose the applicable rates for Tasks, without deduction by Casaspire.  Providers may (a) maintain a clientele without any restrictions from Casaspire; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Service Agreements (defined below). Providers are independent contractors of Clients, and Clients are therefore clients of Providers, not Casaspire.  

Any reference to a Provider being licensed or credentialed in some manner, or being "badged”, “reliable”, “reliability rate”, “elite”, “great value”, "background checked", “vetted” (or similar language) indicates only that the Provider has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Providers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Casaspire of a Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.  

Notwithstanding any feature or service of the Platform that a Client may use to expedite Provider selection, the Client is responsible for determining the Task and selecting or otherwise approving their Provider and should undertake their own research prior to booking any Task to be satisfied that a specific Provider has the right qualifications. 

B. Casaspire’s Role.
The Platform is not an employment agency service or business, and Casaspire is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors or franchisees of Casaspire. 

Users hereby acknowledge and agree that (a) Casaspire does not (i) perform Tasks nor employ individuals to perform Tasks, (ii) supervise, scope, direct, control or monitor Providers’ work (including that Casaspire does not set Providers’ work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Providers, or (iii) have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks or Users (or the acts or omissions thereof), nor of the integrity, responsibility, competence, qualifications, communications, or the ratings or reviews provided by Users with respect to each other; and (b) the formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Casaspire, nor any employment or other relationship between Casaspire and the Users or between the Client and the Provider.  Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of, Casaspire (including that Providers may not modify all or any part of the Casaspire fees (see Section 3 below).  

Casaspire is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including but not limited to applicable sales taxes, HST/QST/GST/PST, unemployment or employment insurance, Canada Pension Plan, disability insurance, applicable VAT, National Insurance, employer’s liability, employer training tax, social security contributions, PAYE or other applicable payroll withholdings in connection with a User’s use of the Platform, or personal income tax. The Provider assumes full and sole responsibility for all required and applicable income tax and social contributions such as Social Security or National Insurance Contribution withholdings as to the Provider and all persons engaged by the Provider in the performance of the Task Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

C. License. 
Subject to your compliance with the terms of the Agreement (including, without limitation, these Terms and Casaspire’s Acceptable Use Policy), Casaspire grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform.  All Users are subject to, and agree to comply with, the Acceptable Use Policy in their use of the Platform.  Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Casaspire’s prior written consent.  Any rights not granted by Casaspire are expressly reserved.

D. User Representations and Warranties. 
In your access to and use of the Platform, you represent and warrant that you:

  • will comply fully with the terms of the Agreement, including, without limitation, these Terms and the Acceptable Use Policy and other Supplemental Terms;
  • are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts;
  • have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement); 
  • will only request and/or perform (as applicable) Tasks in a country where the Platform has a presence;
  • will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Casaspire without obtaining the prior written consent of Casaspire and/or the relevant User, as applicable;
  • will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly through the Chat Thread, and being present and/or available at the time you agree upon with other Users); 
  • will only utilize the third-party PSP (as defined in the Fees, Payments and Cancellation Supplemental Terms) to make or receive payment for Tasks;
  • will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
  • will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform; 
  • will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
  • will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain on the Platform, before, during and after the Task.

E. Additional Provider Representations and Warranties. 
If you are a Provider, you additionally represent and warrant that, in your access to and use of the Platform, you:
  • are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform;
  • are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform, and maintain an independent clientele;
  • have the unrestricted right to work in the jurisdiction in which you perform Tasks;
  • have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
  • have and will maintain all insurance required to operate your business and perform the Tasks;
  • will respond to invitations promptly; provide timely, high-quality services for your Clients as agreed in the Chat Thread (defined below); only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed upon with your Client in a safe manner; and 
  • will promptly disclose to Casaspire in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.

2. Use of the Platform.  
A. Registration. 
You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Casaspire (at help.tr.co) of any changes to your account information.  If any such change relates to ownership of your telephone numbers, you may notify Casaspire by texting STOP to any text message sent to the retiring phone number.  Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Casaspire’s termination of this Agreement with you.  Casaspire may restrict anyone from completing registration if Casaspire determines such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

B. Account Security. 
You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Casaspire has no control over any User’s account. You agree to notify Casaspire immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.

C. Provider Onboarding
(i) Background Checks.  To the extent permitted by applicable law, Providers may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”).  If a Provider, to the extent permitted under applicable law, you agree to undergo such Background Checks.  Casaspire cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.

(ii) Professional Licensing.  Casaspire does not independently verify that Providers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Tasks.  It may be unlawful to perform certain types of Tasks without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Providers are solely responsible for avoiding such prohibited Tasks.  If you have questions about how national, state, provincial, territorial and/or local laws apply to your Tasks on the Platform, you should first seek appropriate legal guidance.  Clients are solely responsible for determining if a Provider has the skills and qualifications necessary to perform the specific Task and confirming that the Provider has obtained all required licenses, permits, or registrations, if any.  Clients may wish to consult their national, state, provincial, territorial and/or local law requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional. 

D. Service Agreement. 
The Platform allows Users to offer, search for and book Tasks.  After identifying and selecting a Provider to perform a Task, the Client and the Provider may communicate via the chat thread in the Platform (the “Chat Thread”) to understand the scope, schedule and other details of the Task (including, without limitation, any specific hazards, obstacles, or impediments in the Task location (whether visible or concealed) that may impact the performance of the Task).  Once the Task is scheduled via the Platform by the Provider, the Client and Provider form a legally binding contract for the Task, which includes the engagement terms proposed and accepted, and any other contractual terms agreed to, by the Client and the Provider in the Chat Thread for the Task (the “Service Agreement”). The Client and the Provider each agree to comply with the Service Agreement and the Agreement during the engagement, performance and completion of a Task.  Providers are responsible for exercising their own business judgment in entering into Service Agreements and performing Tasks; and acknowledge that there is a chance for individual profit or loss.  Casaspire is not a party to any Service Agreement.  The formation of a Service Agreement will not, under any circumstances, create any responsibility or liability for Casaspire.

E. Other Parties
(i) Provider Assistants.  Where approved in advance by the Client in the Chat Thread for the Task, Providers may engage assistants, helpers, subcontractors or other personnel (“Provider Assistant(s)”) to perform all or any part of a Task; provided that such Provider Assistants have registered through the Platform and meet all of the requirements applicable to the Provider as set out in the Agreement. The Provider assumes full and sole responsibility for the acts and omissions of all Provider Assistants used in its performance of Tasks and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its Provider Assistants, (b) all required and applicable tax withholdings as to such Provider Assistants, and (c) ensuring all Provider Assistants are registered Providers on the Platform.

(ii) Client Agents.  The Client agrees that if they have authorized someone other than the Client to book a Task on their behalf or to be present in their stead when the Task is performed, the Client is appointing that person as their agent (“Client Agent(s)”), and the Client is deemed to have granted to the Client Agent the authority to act as their agent in relation to the applicable Task. Client Agents may direct or instruct the Provider’s performance of the Task, and the Provider may follow such direction as if the direction was given by the Client. The Client assumes full and sole responsibility for the acts and omissions of Client Agents. 

F. IKEA Pre-paid Assembly Services.  
To the extent you’ve purchased IKEA Pre-paid Assembly Services, through IKEA in-store or online, the IKEA Pre-paid Assembly Terms and Conditions will apply to these services, in addition to the terms elsewhere in the Agreement.

3. Fees, Billing, Invoicing, and Payment; Cancellation. 
The terms relevant to fees (including Provider Payments and Casaspire’s fees), invoicing, payment (including for Tasks, and any other amounts owed by Users hereunder) and cancellation, are set out the Fees, Payments and Cancellation Supplemental Terms, which applies to your access to and use of the Platform.  Unless otherwise expressly stated in this Agreement, all fees (including, without limitation, the Task Payment and all Casaspire fees) are non-refundable.  

4. Contests and Promotional Codes. 
Casaspire may, from time to time, provide certain optional promotional codes, opportunities and contests to Users. All such optional promotional opportunities will be run at the sole discretion of Casaspire, will be subject to the terms and conditions governing same, and can be implemented, modified, or removed at any time by Casaspire without advance notification. The liability of Casaspire and Affiliates relevant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 13 of these Terms.

5. Public Areas. 
The Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, task 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. 

You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Casaspire will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas. 

6. Deactivation and Suspension. 
In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud or interference with the proper working of the Platform), Casaspire may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach.  Casaspire will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Casaspire pursuant to this Section, please contact us here within 14 days of receipt of such notice with the grounds for your appeal.

If Casaspire suspends or deactivates your account or limits your use of the Platform pursuant to this Section 6, you may not register and/or create a new account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

7. Termination. 
You may terminate the Agreement between you and Casaspire at any time by ceasing all use of the Platform and deactivating your account. Casaspire may terminate the Agreement between you and Casaspire at any time,  and cease providing access to the Platform (pursuant to Section 6 above), if you breach any part of the Agreement or violate applicable laws. 

Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Casaspire reserves the right to take appropriate legal action pursuant to the Agreement.

8. User Generated Content; Feedback. 
A. User Generated Content. 
“User Generated Content” is defined as any information, content and materials (including any videotape, film, recording, photograph, voice) you provide to Casaspire, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform (including, without limitation, the information and materials posted or transmitted for use in Public Areas).  

User Generated Content is not the opinion of, and has not been verified or approved by, Casaspire.  You acknowledge and agree that Casaspire: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy, or results obtained by the use, thereof or reliance thereon); (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content if it is not compliant with the terms of the Agreement.  

You are and remain solely responsible and liable for your User Generated Content.  To the extent permitted by law, you hereby grant Casaspire, for the full duration of all rights that may exist in the User Generated Content (including any legal extensions thereof), a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right and license to publish, reproduce, disseminate, transmit, distribute, modify, adapt, publish, translate, create derivative works from, publicly perform, exhibit, display (in whole or in part), act on and/or otherwise use your User Generated Content, in any media, form or technology now known or later developed, including (without limitation) in connection with any advertising, marketing, and/or publicizing of the Platform, without any approval by, or compensation to, you.  You acknowledge and agree that the foregoing license shall also extend to, and Casaspire and its Affiliates may use (in accordance with this Section), your name, username, image, silhouette and other reproductions of your physical likeness, voice, likeness, screenname(s) and/or any biographical, professional and/or other identifying information (collectively, “Likeness”) in, and in connection with, the your use of the Platform, including on websites, social media platforms and third-party digital platforms owned or controlled by us or our Affiliates.

You hereby represent and warrant to Casaspire that (i) have the lawful authority to grant the rights in your User Generated Content as set out herein, and that such rights do not negatively impact any third-party rights; and (ii) your User Generated Content will not: (1) be false, inaccurate, incomplete or misleading; (2) be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (3) infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary or intellectual property right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (4) violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (5) be defamatory, libelous, malicious, threatening, or harassing; (6) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (7) contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) claim or suggest in any way that you are employed or directly engaged by or affiliated with Casaspire or otherwise purport to act as a representative or agent of Casaspire; or (9) create liability for Casaspire or cause Casaspire to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers. 

 You hereby waive (x) any “moral rights” associated with the User Generated Content (to the extent allowable by law); and (y) all claims relevant to the User Generated Content and Casaspire’s use thereof and of your Likeness.  You release the Casaspire Parties (defined below) from, and shall hold such parties harmless from and against, any and all Liabilities (defined below), (including, without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter), based upon or relating to Casaspire’s use and exploitation of such User Generated Content and your Likeness as permitted herein. THE RELEASES HEREUNDER ARE INTENDED TO APPLY TO ALL CLAIMS NOT NOW KNOWN OR SUSPECTED TO EXIST, WITH THE INTENT OF WAIVING THE EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, AS SET FORTH IN SECTION 24(A)(III) BELOW.  

Casaspire is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.  If you believe, in good faith, that any User Generated Content provided on or in connection with the Platform is objectionable or infringes any of its rights or the rights of others, you are encouraged to notify Casaspire at help.tr.co. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Casaspire at help.tr.co.

B. Feedback
The Platform hosts User Generated Content relating to reviews and ratings of specific Providers (“Feedback”), which enables Users to post and read other Users’ expressions of their experiences.  Feedback is the opinion of the User who has posted it.  Feedback is not the opinion of, and has not been verified or approved by, Casaspire. Casaspire does not evaluate Users.  Casaspire may, but is not obligated to, investigate, modify and/or remove any Feedback or other remarks posted by Users.  You may request removal of a review that violates the Agreement or the Casaspire Ratings and Reviews Guidelines by contacting us at help.tr.co. 

9. Intellectual Property Rights. 
The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Casaspire, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

The service marks, logos and trademarks of Casaspire (the “Marks”), including without limitation those for Casaspire and Casaspire for Good, are owned by Casaspire. The Marks are not available for use by Providers.  You may not copy or use the Marks without obtaining Casaspire’s express prior written consent.  Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owner and may not be used without the prior written consent of such owner.  

10. Links to Third-Party Websites. 
The Platform may contain links (such as, without limitation, hyperlinks, external websites that are framed by the Platform, and advertisements displayed in connection therewith (including as may be featured in any banner or other advertising) to third-party websites), which are maintained by parties over which Casaspire exercises no control.  

Such links are provided for reference and convenience only; and do not constitute Casaspire’s endorsement, warranty or guarantee of, or association with, those websites, their content or their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website.  You access and use such third-party websites at your own risk.

Casaspire has no obligation to monitor, review, limit or remove links to third-party websites, but reserves the right to do so, at its sole discretion.  Casaspire (a) expressly disclaims any responsibility or liability for any such third-party links or websites (including your access to or use thereof, and any products or services advertised or offered thereby, and any claims arising therefrom); and (b) is not and will not be a party to any transaction between you and any third-party providers of products or services. 

You expressly relieve Casaspire from any and all liability arising from your access to and/or use of any third-party websites.  

11. Copyright Complaints and Copyright Agent. 
If you believe, in good faith, that any materials provided on or in connection with the Platform infringe upon your copyright or other intellectual property right, please send the following information to Casaspire’s Copyright Agent identified here:
  • A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Platform where the material you claim is infringed is visible. Include enough information to allow Casaspire 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 name, 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
  • Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Under United States federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

Please note that the procedure outlined herein is exclusively for notifying Casaspire and its Affiliates that your copyrighted material has been infringed.  The preceding requirements are intended to comply with Casaspire’s rights and obligations under the Digital Millennium Copyright Act of 1998 (as it may be amended, “DMCA”), including 17 U.S.C. §512(c), but do not constitute legal advice.  It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable law.

In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers.  We may also, at our sole discretion, limit access to the Platform and/or terminate the User accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

12. Disclaimer of Warranties. 
Use Of The Platform Is Entirely At Your Own Risk
THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED. 

WITHOUT LIMITING THE FOREGOING, CASASPIRE AND ITS PARENTS, AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH CASASPIRE, THE “CASASPIRE PARTIES”):
  1. MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY PROVIDER’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE); 
  2. DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND 
  3. DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERE

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