Terms and agreements

This Privacy Policy governs the manner in which the website collects, uses, maintains and discloses information collected from users or Pineabl Co.clients (each, a 'User') of the Pineabl Co.marketing website ('Site'). This privacy policy applies to the Site. Users who visit the Pineabl Co.platform (“Platform") which is Pineabl Co.'s facility for listing and fulfilling Work Orders from Customers by Freelancers, all application programming interfaces (“APIs"), and all other software and communication tools provided by Pineabl Co.on or in concert with its Platform (including mobile/smartphone or other manifestations) (“Application" or “Applications", including but not limited to Work Orders and Profiles have an additional Privacy Policy, which is provided upon User registration and login to the Platform.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Google API Disclosure for Pineabl

Pineabl client apps use Google APIs when you use your Google account to sign in and use Pineabl apps and services.
Pineabl apps' use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

Google Calendar Data

We need to access your Google Calendar data in order to gather the ID of your event and store content created by the user (labels and categories) about the event in our database. When pulling an export of the calendar, your calendar data will be processed by our infrastructure as necessary to generate a spreadsheet. The Service uses the official Google Calendar API to access your calendar data and can access the data according to the Gmail or G Suite permissions of the Google user used with the Service. You can revoke access for the Service to your calendar data at any time in the Google account security settings.

Permissions needed for Pineabl Google Calendar Services

When you use Pineabl for the first time, you'll be asked to accept the minimum-required permissions. Google API Scopes include:

View and edit events on all your calendars
View and edit events on all calendars you have access to in Google Calendar
See, edit, share, and permanently delete all the calendars you can access using Google Calendar
This app wants permission to make changes to your calendars, as well as any calendar you can access using your Google Calendar, including:
1. Create, change or delete calendars
2. Update individual calendar events
Your calendars and other calendars you access may contain info like daily schedules, personal contacts and private appointments.
Associate you with your personal info on Google
Know who you are on Google and associate you with the personal info you have made public
See your personal info, including any personal info you've made available for Pineabl Users after login
This app wants permission to:
See your full name
See your profile picture
See your gender

Limited Use:
Our app strictly complies with all conditions specified in the limited use policy of Google.

Do not use or transfer the data for serving ads, including retargeting, personalized, or interest-based advertising.

Your Google information is used by our system developers to provide or improve user-facing features that are prominent to your user experience. Pineabl policies and procedures define requirements that prohibit the unauthorized use of data within the platform.

The Pineabl app doesn't transfer information received from Google APIs to any other app.

Web browser cookies

This website uses cookies. By using the website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

About Cookies

Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website. Cookies may be either “persistent" cookies or “session" cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

Cookies on the website

We use both session cookies and persistent cookies on the website.

How we use cookies

Cookies do not contain any information that personally identifies you, but personal information that we store about you may be linked, by us, to the information stored in and obtained from cookies. The cookies used on the website include those which are strictly necessary cookies for access and navigation, cookies that track usage (performance cookies), remember your choices (functionality cookies), and cookies that provide you with targeted content or advertising We may use the information we obtain from your use of our cookies for the following purposes:

To recognize your computer when you visit the website
To track you as you navigate the website, and to enable the use of any e-commerce facilities
To improve the website’s usability
To analyze the use of the website
In the administration of the website
To personalize the website for you, including targeting advertisements which may be of particular interest to you.

Third party cookies

When you use the website, you may also be sent third party cookies. Our advertisers and service providers may send you cookies. They may use the information they obtain from your use of their cookies:

To track your browser across multiple websites
To build a profile of your web surfing
To target advertisements which may be of particular interest to you.

Blocking cookies

Most browsers allow you to refuse to accept cookies. For example:

In Internet Explorer you can refuse all cookies by clicking "Tools", "Internet Options", "Privacy", and selecting "Block all cookies" using the sliding selector.
In Firefox you can block all cookies by clicking "Tools", "Options", and un-checking "Accept cookies from sites" in the "Privacy" box.
In Google Chrome you can adjust your cookie permissions by clicking "Options", "Under the hood", Content Settings in the "Privacy" section. Click on the Cookies tab in the Content Settings.
In Safari you can block cookies by clicking "Preferences", selecting the "Privacy" tab and "Block cookies".

Blocking all cookies will, however, have a negative impact upon the usability of many websites. If you block cookies, you may not be able to use certain features on the website (log on, access content, use search functions).

Deleting cookies

You can also delete cookies already stored on your computer:

In Internet Explorer, you must manually delete cookie files.
In Firefox, you can delete cookies by, first ensuring that cookies are to be deleted when you "clear private data" (this setting can be changed by clicking "Tools", "Options" and "Settings" in the "Private Data" box) and then clicking "Clear private data" in the "Tools" menu.
In Google Chrome you can adjust your cookie permissions by clicking “Options”, “Under the hood”, Content Settings in the “Privacy” section. Click on the Cookies tab in the Content Settings.
In Safari you can delete cookies by clicking “Preferences”, selecting the “Privacy” tab and “Remove All Website Data”.

Obviously, doing this may have a negative impact on the usability of many websites.

How we use collected information

Company may collect and use Users personal information for the following purposes:

To improve customer service. Information you provide helps us respond to your customer service requests and support needs more efficiently.
To personalize user experience. We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
To send periodic emails. We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include Company news, updates, related product or service information, etc. If at any time the user would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us via our Site.

Anti Spam

Visitor comments may be checked through an automated spam detection service. We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter's IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

Transfer of personal data abroad

If you utilize our Services from a country other than the country where our servers are located, your communications with us may result in transferring your personal data across international borders. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin. In these cases, your personal data is handled according to this Privacy Policy.

Compliance with legal, regulatory and law enforcement requests

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoena requests), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites

Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website’s own terms and policies.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Comments

When visitors leave comments on our site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

Communicating with you

We may contact you directly or through a third party service provider regarding products or services you have signed up or purchased from us, such as necessary to deliver transactional or service related communications. We may also contact you with offers for additional services we think you’ll find valuable if you give us consent, or where allowed based upon legitimate interests. You don’t need to provide consent as a condition to purchase our goods or services. These contacts may include:

Email
Text (SMS) messages
Telephone calls
Automated phone calls or text messages.

You may also update your subscription preferences with respect to receiving communications from us and/or our partners by emailing us at Contact Pineabl Co.

If we collect information from you in connection with a co-branded offer, it will be clear at the point of collection who is collecting the information and whose privacy policy applies. In addition, it will describe any choice options you have in regards to the use and/or sharing of your personal data with a co-branded partner, as well as how to exercise those options.

If you make use of a service that allows you to import contacts (ex. using email marketing services to send emails on your behalf), we will only use the contacts and any other personal information for the requested service. If you believe that anyone has provided us with your personal information and you would like to request that it be removed from our database, please contact us here.

Changes to this privacy policy

Company has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms

By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Our Website Terms and Conditions of Use can be accessed here.

PLATFORM FREELANCER TERMS AND CONDITIONS

PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A FREELANCER OR BY USING THE PINEABL CO. PLATFORM. THESE TERMS ARE LEGALLY-BINDING. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER TO USE, OR USE THE PLATFORM.
These Freelancer Terms and Conditions (the “Freelancer Terms”, or “Agreement”) state the terms and conditions between Pineabl Co., LLC (“Pineabl Co.,” “we,” “us,” or “our”) and customers of the Pineabl Co. website and software platform (the “Platform”) who register as services Freelancers (“Freelancer,” “you,” or “your”) to provide services to registered Customers (“Customers”) (together, “User” or “Users”).

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE COVERED DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Except as provided in the “Arbitration Agreement and Class Waiver” in Section 15 below, we reserve the right to change the Freelancer Terms at any time in our sole business discretion. Please check these terms regularly for changes. Your continued use of the Platform following the posting of any changes to the Freelancer Terms will constitute your acceptance of and agreement to those changes.

Relationship

1.1 These Freelancer Terms and the Customer Agreement state the terms under which Freelancer has the right to use the Platform to offer services to registered customers (“Customers”), and the obligation to pay Pineabl Co. fees if applicable.
1.2 Freelancer is an independent contractor who uses the Platform to offer services and to perform work on specific projects for Customers pursuant to Work Orders. Pineabl Co. is not a party to accepted Work Orders or other service agreements between Customers and Freelancers. Pineabl Co. has no responsibility for, control over, or involvement in the scope, nature, quality character, timing or location of any work or services performed by a Freelancer under a Work Order.
1.3 Freelancer accepts Work Orders with any given Customer at Freelancer’s own risk. Freelancer agrees that Pineabl Co. will not conduct any investigation into the certification, verification of skills, qualifications, background, or experience of a Customer for the Freelancer. Freelancer is responsible for conducting whatever investigation or verification of a Customer’s profile information that Freelancer deems necessary for purposes of entering into a Work Order with that Customer. Freelancer acknowledges that the profile information for each Customer available via the Platform is compiled and maintained by the Customers themselves and not Pineabl Co.. Pineabl Co. makes no representations as to the validity or accuracy of information provided by Customers.
1.4 Pineabl Co. is not an employer or joint employer of any Freelancer. Pineabl Co. is not responsible for the performance or non-performance of any Customer or any Freelancer. Each Freelancer is solely and entirely responsible for the Freelancer's acts and for the acts of the Freelancer's employees and agents. Each Customer is solely and entirely responsible for the Customer's acts and for the acts of the Customer's employees and agents. Pineabl Co. is not a party to any Work Order and is not bound by any terms of a Work Order.
1.5 Freelancer is an independent contractor and is not an employee of Pineabl Co..

Submission Process, Billing and Fees

Freelancer acknowledges and agrees that:

2.1 Freelancer must enter information and data on the Platform for purposes of accepting and updating the status of Work Orders. All such Work Order information is the property of the applicable Customer and Freelancer supplying it.
2.2. Pineabl Co. will charge Freelancer a fee for the access and use of the Pineabl Co. platform, which will be deducted directly from the amounts payable to Freelancer by a Customer for services performed. The current Pineabl Co. Fees shall be up to Eight Percent (8%) of the amount payable to Freelancer pursuant to a completed Work Order.
2.3 Pineabl Co. will charge additional fees (the “General Liability Insurance Fees”) which will be deducted directly from the amounts payable to you by the Customer, if you did not have a current certificate of insurance uploaded in your profile. The General Lability Insurance Fees are subject to periodic changes, in Pineabl Co.’s sole business discretion.
2.4 Freelancer will receive payment for the services provided by Freelancer to the Customer as stated in any applicable Work Orders, less any fees payable to Pineabl Co. for use of the Platform as published from time to time. Pineabl Co. will process payments from Customers to Freelancers for completed Work Orders. Freelancer will be paid with funds deposited with Pineabl Co. by its Customers. No other fees, benefits, or payments of any kind shall be payable to Freelancer.
2.5 Pineabl Co. will issue payments to Freelancer weekly, on behalf of Customer, for Work Orders completed and approved by the applicable Customer via the Platform.
2.6 Pineabl Co. reserves the right to withhold payment for any Work Orders until Freelancer resolves any issues or disputes with a Customer, or until Pineabl Co. has actually received payment from a Customer.

Freelancer Data and Requirements; Platform Use.

3.1 The Platform allows Freelancer to create a profile to be viewed by prospective Customers. Pineabl Co. does not own any information, text, data, or other content that Freelancer submits, stores, or uses in the Platform, including all Work Order information. Freelancer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.
3.2 Freelancer grants Pineabl Co. a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Freelancer Data solely in connection with its operation of the Platform and related business purposes. Pineabl Co. will only use personally identifiable information of Freelancer included in the Freelancer Data for purposes of providing, securing, improving and customizing the Platform, as well as for any purpose set forth in the Pineabl Co. Privacy Policy as determined in Pineabl Co.’s sole discretion, and agrees to de-identify such Freelancer Data in all other cases. Once Pineabl Co. has de-identified Freelancer Data, Pineabl Co. may analyze, use and disclose such de-identified information for any purpose, including for marketing and advertising via the Platform interface, and as otherwise set forth in its Privacy Policy.
3.3 Freelancer must enter information and data in the Platform for purposes of accepting and updating the status of Work Orders. All such Work Order information is the property of the applicable Freelancer.
3.4 Pineabl Co. reserves the right to remove any Freelancer profile for any reason.
3.5 As per our Privacy Policy (see Privacy Policy), minors under eighteen (18) years of age are prohibited from using the Site and Services. We do not intentionally gather Personal Information from visitors who are under the age of 13 or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.
3.6 Pineabl Co. makes use of location-based data to better the utility of our Site or App. If you choose not to allow Pineabl Co. to access your location, some or all functionality, including listed jobs in the geo-location, or jobs with a mandatory geo-location tracking requirement may not be available to you.
3.7 Platform Use Terms:

By accessing the Platform, you agree, represent and warrant that:

you will not knowingly provide or enter any false, misleading, or fraudulent information;
you will not use the Platform for any illegal purpose, nor will you provide or enter any material or information in violation of any applicable law or regulation;
all information and content provided or entered by you (i) will be original to you, and not violate the copyright or other proprietary rights of any third party, and (ii) will not violate the rights of any third party, including trade secret or privacy rights;
information provided or entered by you will not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive (in Pineabl Co.’s discretion);
you will not hold yourself out as someone you are not or otherwise impersonate any other person;
you will not interfere or tamper with the functioning of the Platform, nor will you attempt to gain access to information or control of the Platform not specifically granted to you;
you will not use the Platform to transmit or host any spyware, virus, spamming, “botnet,” cryptocurrency “mining” or similar resource-consuming or destructive programs or code;
you will not compile any database or list of other Platform users, nor will you use the Platform to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically-authorized in conjunction with Pineabl Co. services, and in no event will you send emails that would violate the CAN-SPAM Act in any way;
you will abide by any other rules for participation in any social media features on the Platform including but not limited to not entering advertisements or off-topic communications in groups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums;
you will not use the Platform to discuss or disclose the terms of any Work Order, except to facilitate the performance of the Work Order between the you and the Customer;
you will not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party;
you will not create any derivative works based on the Platform, either on your own or through any third party;
you will not produce a source listing, decompile, disassemble, or otherwise reverse engineer the Platform; and
you will not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Platform, including any screens displayed by the Platform or any of its interfaces.
Further, you represent and warrant that
• your use of the Platform is not prohibited by the laws, rules, or regulations of the country or other legal jurisdiction in which you reside;
you are not located in a country or region, nor are you a citizen of a country or region, that is (i) subject to U.S. federal government sanctions or embargoes, including without limitation Cuba, Iran, North Korea, Sudan, and Syria;
you are not employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, and are not otherwise ineligible to receive items subject to U.S. export control laws, rules, and regulations; and
You have authority to enter into this Agreement on behalf of yourself, or on behalf of the registered business organization with which you are associated or for whom you are working when using this Platform.
Additionally,
• Pineabl Co. is not legally responsible for any information or content posted or made available on the Platform by any User which is defamatory, violates privacy rights, or otherwise violates the rights of another user or third party. Pineabl Co. does not actively monitor or censor any information submitted to the Platform, but expressly reserves the right to monitor all content provided by Users at any time without notice. Pineabl Co. reserves the right to remove or restrict access to any information or content submitted to or made available on the Platform if it determines that such information violates this Agreement or any law, rule, or regulation of any jurisdiction.
The Platform may include features that allow Users to post messages, comments, statements, and personal information for viewing by other Users of the Platform. All Users are responsible for exercising such care as is necessary to protect their private, confidential, or personal information when using such Platform functionality. If you do post comments or provided content via such features, or send any comments or questions about the Platform via email, telephone, or other means, such information is considered public, and Pineabl Co. may store, maintain, and use such information indefinitely, and may also disclose such information to third parties in our sole business discretion.
Usage of the Platform constitutes consent of Freelancer for Pineabl Co. to contact the Freelancer by way of electronic and/or telephonic communication (including sms messaging) with information, updates, opportunities and announcements from Pineabl Co. or third party affiliates of Pineabl Co.. Users may opt out of certain of these communications via the Platform.
The Platform may provide links to websites or apps owned and operated by third parties. Pineabl Co. exercises no control whatsoever over such websites and is not responsible or liable for the availability, security, content, advertising, products, services, or other materials available or viewable on such websites. Access and use of such linked systems is solely at your own risk.
Tax Obligations.

4.1 If Freelancer is a U.S. resident or entity, Freelancer acknowledges and agrees that Freelancer will be provided with an I.R.S. Form 1099-MISC on an annual basis for each year that amounts paid to Freelancer for completed Work Orders exceeds $600. Freelancer hereby gives permission to Pineabl Co. to deliver the I.R.S. Form 1099-MISC to Freelancer electronically for any applicable tax years.
4.2 Freelancer will be responsible for complying with any and all tax payment or reporting obligations that may be imposed by the laws of any legal jurisdiction as a result of amounts paid to Freelancer for completed Work Orders. Freelancer expressly agrees to indemnify and hold Pineabl Co. and all Customers harmless from any and all liability, costs, or damages arising from or based on any claim brought by any governmental entity seeking the payment of any taxes based on any services provided by Freelancer or any of its employees, independent contractors, agents, or other authorized representatives

• Service Levels.

Pineabl Co. will use reasonable efforts to make the Platform available for access and use by Freelancer. Freelancer acknowledges and agrees that Pineabl Co. will not be liable for (a) any unavailability caused by acts or omissions of Freelancer, any Customers or other third parties, or caused by events outside Pineabl Co.’s control; (b) problems with Freelancer’s internet access or private computer network and equipment; and (c) Pineabl Co.'s regularly scheduled maintenance work. Pineabl Co. will use reasonable efforts to cause all maintenance to be completed between 12:00 a.m. and 4:00 a.m. U.S. Eastern Time, and to minimize any unavailability of the Platform, whether scheduled or not.

• Support and Maintenance.

Pineabl Co. will provide email, text-based, or telephone support to Freelancer. Currently, such support generally is available Monday through Friday, excluding U.S. Federal Holidays, from 9:00 a.m. to 5:00 p.m. U.S. Eastern Time. Support includes assistance with general usage and functionality issues and correction of software bugs and errors. Pineabl Co. will make reasonable efforts to correct or fix reported software bugs and errors promptly after being notified of the problem.

• Security.

Pineabl Co. will use reasonable efforts to secure, protect, and maintain the integrity of all data stored by Freelancer in accessing and using the Platform. Freelancer is solely responsible for the security of all customer names and passwords that may be required to access and use the Platform. If the security of such information is comprised, Freelancer agrees to promptly notify Pineabl Co..

• Equipment Costs.

Freelancer will be responsible for all equipment, network, and other costs necessary for Freelancer to access and use the Platform via the Internet.

• No Consulting Services.

Pineabl Co. will not provide Freelancer with any consulting or other similar services related to the use of the Platform or their performance of services to Customers.

10. Confidentiality.

• Definition

In performing and accepting services under these Freelancer Terms, Pineabl Co. and Freelancer may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shall be limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.

10.2Obligations.

Pineabl Co. and Freelancer will hold all Confidential Information they receive from the other party in strict confidence and will only use it to perform their respective obligations and exercise their rights under these Freelancer Terms. Confidential Information may only be disclosed to employees, agents, consultants, and professional advisors who have a good faith need to know such information for the purposes of these Freelancer Terms, provided the person receiving the information has a confidentiality obligation to the disclosing party which is at least as stringent as the confidentiality terms of these Freelancer Terms. The receiving party shall protect and safeguard the Confidential Information against unauthorized disclosure by procedures no less stringent than those it uses for protecting its own confidential or proprietary information, and in any event by use of no less than a reasonable degree of care.

• Limitations.

These Freelancer Terms impose no obligation with respect to information which: (a) was in the possession of, or was known by, the receiving party prior to its receipt from the discloser, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of these Freelancer Terms; (c) was obtained by the receiving party from a third party having the right to disclose it, without an obligation to keep such information confidential; or (d) is independently developed by the receiving party without the use of Confidential Information.

• Ownership.

Each party retains all intellectual property rights in and to its own Confidential Information.

10.5Survival.

The confidentiality provisions of these Freelancer Terms shall survive its termination for a period of five (5) years, except for the obligations of the parties regarding any trade secret information which shall survive indefinitely.

• No Circumvention; Non-Interference.

Freelancer shall do all work for registered Customers directly through the Platform only (or Private Network, as applicable), and shall not communicate with any Customers, or Customers' customers, outside of the Platform for the purpose of avoiding any obligations under these Freelancer Terms, including the obligation to pay the Pineabl Co. Fee. For the term of these Freelancer Terms and two years thereafter, Freelancer shall not directly or indirectly: (a) solicit or accept employment or contract services from any Pineabl Co. Customer or Customer's customers, except for services to be performed pursuant to Work Orders via the Platform without the written consent of Pineabl Co.; or (b) take any action which interferes with the relationship between Pineabl Co. and any of its Customers or Customers' customers.

• Term and Termination.

These Freelancer Terms commence when Freelancer registers to use the Platform for the first time and they continue in force until terminated by either party. Freelancer may terminate these Freelancer Terms immediately upon notice to Pineabl Co. at any time and for any reason. Pineabl Co. may terminate these Freelancer Terms immediately without any notice, at any time and for any reason. Upon termination by either party, Freelancer’s right to access and use the Platform will cease immediately. Upon any termination, Freelancer will not be relieved of the obligation to pay any fees due to Pineabl Co. which accrued before the termination date. In addition to any other remedies it may have under these Freelancer Terms, Pineabl Co. reserves the right to suspend or terminate Freelancer’s access to the Platform in order to protect Pineabl Co.’s rights and interests. Any outstanding obligations of Pineabl Co. to provide the Freelancer with tax reports or Work Order payment information shall survive the termination of these Freelancer Terms.

• Warranties and Disclaimer.
13.1 General.

Pineabl Co. and Freelancer each represent and warrant that (a) they are duly organized, validly existing and in good standing under the laws of the respective jurisdictions in which it was formed (in the case of Freelancers who are not natural persons); (b) they have full power and authority to execute, deliver, and perform these Freelancer Terms; (c) these Freelancer Terms have been duly authorized, executed, and delivered by and are their legal, valid, and binding obligations in accordance with the terms herein; and (d) obligations under these Freelancer Terms shall be performed in compliance with any obligations to third parties and all applicable law, rules, or regulations of any governmental entity or agency.

13.2Freelancer’s Compliance With Laws.

FREELANCER SHALL COMPLY WITH ALL STATUTES, LAWS, RULES AND REGULATIONS APPLICABLE TO THE PERFORMANCE OF SERVICES.

13.3Freelancer Data.

Freelancer represents and warrants that: (a) Freelancer owns or has secured sufficient intellectual property rights to any and all Freelancer Data that Freelancer stores, accesses, and uses with the Platform; (b) the Freelancer Data does not and will not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, libelous, deceptive, fraudulent, or violates any person’s privacy or publicity rights; and (c) the Freelancer Data does not and will not contain a software virus or other harmful component.

13.4Disclaimer.

EXCEPT AS SET FORTH EXPRESSLY IN THESE FREELANCER TERMS, THE PLATFORM IS PROVIDED “AS IS.” PINEABL CO. DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PINEABL CO. DOES NOT WARRANT THAT THE PLATFORM WILL MEET THE CUSTOMER’S REQUIREMENTS, OPERATE IN COMBINATION WITH OTHER SOFTWARE OR WEBSITES, BE UNINTERRUPTED OR ERROR-FREE, OR FUNCTION WITHIN A PARTICULAR SYSTEM. NO OTHER ORAL OR WRITTEN ADVICE GIVEN BY PINEABL CO. WILL CREATE A WARRANTY REGARDING THE PLATFORM. NO AGENT OR EMPLOYEE OF PINEABL CO. IS AUTHORIZED TO MAKE ANY WARRANTY OBLIGATIONS ON BEHALF OF PINEABL CO. OR MODIFY THE LIMITATIONS STATED IN THIS SECTION.

• Indemnification.

THIS SECTION SETS FORTH PINEABL CO.’S SOLE AND EXCLUSIVE LIABILITY, AND FREELANCER’S SOLE AND EXCLUSIVE SUBSTANTIVE REMEDY, FOR PINEABL CO.’S INFRINGEMENT OF THIRD PARTY RIGHTS OF ANY KIND.

14.1Pineabl Co. Indemnification

Pineabl Co. shall indemnify and hold Freelancer, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any alleged conduct which would constitute a breach of the representations and warranties of Pineabl Co. set forth herein; or (b) a claim that the use of the Platform (other than third party materials) infringes the copyright, trademark, or United States or Canadian patent rights of any third party. Upon notice of an alleged infringement or if in Pineabl Co.’s opinion such a claim is likely, Pineabl Co. shall have the right, at its option, to obtain for Freelancer the continuing right to use the Platform, substitute other non-infringing functionality, or modify the Platform so that it is no longer infringing.
Freelancer acknowledges that in the event of any breach or threatened breach of any provision of this Agreement, remedy at law will be inadequate and Pineabl Co. will be entitled, in addition to any other remedy at law, to appropriate injunctive and other equitable relief.

14.2Freelancer Indemnification.

Freelancer shall and does hereby indemnify and hold Pineabl Co., its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any claim based on any alleged misuse of the Platform by Freelancer, or a claim that any Freelancer Data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of Freelancer set forth herein; and (c) related to any Work Order, including any claims by any third party or government agency that Freelancer was misclassified as an independent contractor or employee of a Customer, and any claim that Pineabl Co. was an employer or joint employer of Freelancer, and related legal claims under any employment laws.

14.3Conditions.

Each party shall indemnify the other party as set forth above, provided that: (a) the indemnified party notifies the indemnifying party promptly in writing of the claim; (b) the indemnifying party has sole control of the defense and all related settlement negotiations with respect to the claim; provided, that the indemnified party has the right, but not the obligation, to participate in the defense of any such claim through counsel of its own choosing; and (c) the indemnified party cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim.

• Arbitration Agreement and Class Action Waiver.

Pineabl Co. and Freelancer mutually agree to resolve any and all covered justiciable disputes between them exclusively through final and binding arbitration instead of a court or jury trial. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to any and all claims arising out of or relating to the Freelancer Terms, this Arbitration Agreement, the Freelancer’s classification as an independent contractor, Freelancer’s provision of services, Freelancer’s use of the Platform, any payments made or received by Freelancer through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of this Agreement, and all other aspects of the Freelancer’s relationship (or the termination of its relationship) with Pineabl Co., past, present or future, whether arising under federal, state or local statutory and/or common law. Freelancer and Pineabl Co. agree that the mutual obligations to arbitrate disputes provide adequate consideration for this arbitration agreement.

• If either party initiates arbitration, the initiating party must notify the other party in writing via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. The arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

• Class and Collective Action Waivers. Pineabl Co. and Freelancer mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator will not have any authority to hear or arbitrate any class and/or collective (“Class Action Waiver”). Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

• Freelancer agrees and acknowledges that entering into this arbitration agreement does not change Freelancer’s status as an independent contractor in fact and in law, that Freelancer is not an employee of Pineabl Co. and that any disputes in this regard shall be subject to arbitration as provided in this agreement.

• Except as otherwise stated in this arbitration agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:

1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction.
2. The location of the arbitration proceeding will be no more than 45 miles from the place where Freelancer last performed services for Pineabl Co., unless Freelancer and Pineabl Co. agree in writing otherwise
3. Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that Company shall pay all of the Arbitrator’s fees and costs.
4. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.
5. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.
6. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.
7. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.
8. Either Pineabl Co. or Freelancer may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.

• Regardless of any other terms of this arbitration agreement, claims may be brought before, and remedies awarded by, an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act (such as the National Labor Relations Board, the U.S. Department of Labor or the Equal Employment Opportunity Commission). This arbitration agreement does not apply to any claim that may not be arbitrated as provided by an Act of Congress or lawful, enforceable presidential Executive Order.

• The AAA Commercial Arbitration Rules may be found at adr.org/Rules.

• This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable. This arbitration agreement survives after the termination of the Freelancer Terms and/or after Freelancer ceases any assignment and/or relationship with Pineabl Co.. This arbitration agreement will also continue to apply notwithstanding any change in Freelancer’s responsibilities, position, or title, or if Freelancer transfers companies. Notwithstanding any contrary language in the Freelancer Terms or in any Pineabl Co. policy or other agreement, this arbitration agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by both Freelancer and an authorized representative of Pineabl Co..

Intellectual Property

16.1 Trademarks.

“Pineabl Co.,” “Field Technology. Connect,” the bull logo, and associated marks are trademarks of Pineabl Co., Inc. All other marks, names, and logos displayed by the Platform are the property of Pineabl Co. or of their respective owners. Customer agrees not to use Pineabl Co.’s trademarks and other marks, names and logos displayed on the Platform without Pineabl Co.’s prior written consent, which use is otherwise strictly prohibited.

16.2 Copyright Matters.

1. Infringement Notification.
In accordance with Section 512(c)(1)(A) of the Digital Millennium Copyright Act (DMCA), we will, in appropriate circumstances, remove content validly-alleged to infringe on a U.S. copyright, and pursuant to Section 512(i)(1)(A), disable and/or terminate the accounts of platform users who engage in infringement.
Upon receipt of proper notification of claimed copyright infringement, Pineabl Co. will follow the procedures outlined herein, pursuant to the DMCA:

1. To file a notice of infringement with Pineabl Co., you must provide a written communication (see contact information, below) that sets forth the information specified in (ii). Be advised that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent alleged infringement of your copyright(s). It is therefore advisable to contact a lawyer prior to engaging this process, particularly if there are any doubts as to your full and valid ownership of the copyright(s), or the level of protection afforded by copyright laws in the circumstances (i.e., failure to undertake a bona fide consideration of fair use can, inter alia, result in the aforementioned penalties).

2. To expedite our ability to process your request, please submit the following information (including numbering): (1) identify with specificity the copyrighted work that you believe has to been infringed (e.g., “The copyrighted work at issue is the “Name of the work” by “Name of author” and abstract number (“https://url.to/the/specific/work”); (2) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed (e.g., “https://path.to/the/infringing/work”), and information reasonably sufficient to permit us and the provider of the content to locate the material; (3) provide information reasonably sufficient to allow us to contact you, such as an address, telephone number and email address at which you may be contacted; (4) include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or by law”; (5) include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and (6) sign the document.

3. Send the written communication to our designated agent at:

Pineabl Co., Inc.
Attention: Copyright Officer
258 Chapman Road, Suite 202
Newark, DE 19702
Email: copyright@Pineabl Co..com
Fax: 1-855-276-6362

1. Counter-Notification.
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA in attempt to prevent removal of the materials or disabling of an account. Upon receipt of proper counter-notification of copyright infringement, Pineabl Co. will follow the procedures outlined herein, pursuant to the DMCA:

1. To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, it is advisable to consult with a lawyer prior to making a counter-notification.

2. To expedite your request, please submit the following information (including numbering: (1) identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (e.g., “https://location.of/originally/posted/material”); (2) provide your name, address, telephone number, and email; (3) include the following statement: “I consent to the jurisdiction of Federal District Court for the State of Delaware”; (4) include the following statement: “I will accept service of process from [name of the person who submitted the infringement notification] or his/her agent”; (5) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and (6) sign the document.

3. Send the written communication to our designated agent at:

Pineabl Co., Inc.
Attention: Copyright Officer
258 Chapman Road, Suite 202
Newark, DE 19702
Email: copyright@Pineabl Co..com
Fax: 1-855-276-6362

1. Upon receipt of such counter-notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter-notification, and inform that person that we may replace the removed material or cease disabling access to it in ten (10) business days. We will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of the counter notice, unless our designated agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system network or Platform.

General Terms

17.1 PINEABL CO.’S AGGREGATE LIABILITY TO FREELANCER FOR CLAIMS RELATING TO THESE TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING TO PINEABL CO. FOR WORK ORDERS COMPLETED BY FREELANCER DURING THE MOST RECENT TWELVE (12) MONTHS OF THE TERM OF THESE TECHNICIAL TERMS.
17.2 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17.3 Pineabl Co. and Freelancer acknowledge that the foregoing limitations of liability represent a reasonable and negotiated allocation of risk, that these limitations constitute an integral part of these Freelancer Terms, and that absent these limitations the parties would not have executed these Freelancer Terms. The limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
17.4 This Agreement constitutes the entire agreement between the parties hereto with reference to the subject matter hereof and supersedes all prior agreements and understandings between them relating to the subject matter hereof. No modification hereof shall be binding unless it is in writing and signed by both parties, except that updates of this Agreement by Pineabl Co. and delivered through the Platform or in association with the Platform (e.g., such as to Customer’s e-mail address) shall be binding upon Customer’s continued use of the Platform or Customer’s “click-through” consent (if such facility is provided).
17.5 Pineabl Co. may freely assign this Agreement, in whole or in part. Freelancer may not assign or delegate its obligations under this Agreement without written consent of Pineabl Co., except that Freelancer may transfer the right only to receive any amounts which may be payable to it for performance under this Agreement, and then only after receipt by Pineabl Co. of written notice of such assignment or transfer. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and assigns.
17.6 If any provision of this Agreement, or the application thereof shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions shall remain in full force and effect, and shall be enforced to fullest extent consistent with the remainder of this Agreement and applicable law.
17.7 The terms of this Agreement which do expressly or are intended by their nature to survive its termination shall survive such termination.
17.8 No waiver of any provision of this Agreement shall be effective unless made in writing. No waiver of any provision of this Agreement shall be deemed or construed a waiver of any other provision hereof, nor shall such waiver constitute a waiver of any subsequent breach of the same or any other provision of this Agreement. Unless the context of this Agreement clearly requires otherwise, references to “including” and “include” mean “including, but not limited to”.
17.9 Any legal action brought against Pineabl Co. under this Agreement (including any Work Order issued hereunder) must be commenced within one year after the cause of action accrues and in no event later than one year after the expiration or termination of any corresponding Work Order.
17.10 The rights and obligations of the parties to this Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to its conflicts of law principles. Customer agrees and consents to the jurisdiction of the state of Delaware, and expressly waives any and all objections to jurisdiction or venue in such courts

PLATFORM FREELANCER TERMS AND CONDITIONS

PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. YOU ACKNOWLEDGE YOUR ACCEPTANCE OF THIS AGREEMENT BY REGISTERING TO BECOME A CUSTOMER OR BY USING THE PINEABL CO. PLATFORM. THESE TERMS ARE LEGALLY-BINDING. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT REGISTER TO USE OR USE THE PLATFORM.
These Customer Terms and Conditions (the “Customer Terms”) state the terms and conditions between Pineabl Co., LLC (“Pineabl Co.,” “we,” “us,” or “our”) and Customers of the Pineabl Co. website and software platform (the “Platform”) who register as Customers (“Customer,” “you,” or “your”) to purchase services from registered Freelancers (“Freelancers”) (together, “User” or “Users”).

Except as provided in the “Arbitration Agreement and Class Waiver” in Section 16 below, we reserve the right to change the Customer Terms at any time in our sole business discretion. Please check these Customer Terms regularly for changes. Your continued use of the Platform following the posting of any changes to the Customer Terms will constitute your acceptance of and agreement to our changes.

Relationship

1.1 These Customer Terms state the terms under which Customer has the right to use the Platform, and the obligation to pay Pineabl Co. fees, if applicable. Pineabl Co. grants Customer a non-exclusive right and license to access and use the Platform solely for Customer’s own business purposes for the term of this Agreement, subject to the payment of all applicable fees
1.2 Freelancers are independent contractors who use the Platform to offer their services and to perform work on specific projects for Customers pursuant to accepted Work Orders. Pineabl Co. is not a party to accepted Work Orders or other services agreement between Customers and Freelancers. Pineabl Co. has no responsibility for, control over, or involvement in the scope, nature, quality character, timing or location of any work or services performed by a Freelancer under a Work Order.
1.3 Pineabl Co. is not a party to any Work Order and is not bound by any terms of a Work Order. Work Orders are entered into exclusively by and between Customers and Freelancers.
1.4 Pineabl Co. is not an employer or joint employer of any Freelancer. Pineabl Co. is not responsible for the performance or non-performance of any Customer or any Freelancer. Each Freelancer is solely and entirely responsible for the Freelancer's acts and for the acts of the Freelancer's employees, agents and subcontractors. Each Customer is solely and entirely responsible for the Customer's acts and for the acts of the Customer's employees, agents and subcontractors.

• Freelancer Data.

Customer acknowledges that the profile information for each Freelancer available via the Platform is compiled and maintained by the Freelancers themselves and not Pineabl Co.. Customer is responsible for conducting whatever investigation or verification of a Freelancer’s profile information that Customer deems necessary for purposes of entering into a Work Order with that Freelancer. Pineabl Co. does not and will not investigate Freelancers and does not certify or verify the skills, qualifications, background, experience or other Profile Information or other information provided by Freelancers in their profile or elsewhere through the Platform. Pineabl Co. makes no representations as to the validity or accuracy of information provided by Freelancers. Customer uses the Platform and contracts with Freelancers for completion of Work Orders at Customer’s own risk.

• Customer Data and Requirements; Platform Use.

3.1 The Platform allows Customers to create a profile to be viewed by prospective Freelancers who wish to offer their services. Pineabl Co. does not own any information, text, data, or other content that Customer submits, stores, or uses in the Platform, including all Work Order information (the “Customer Data”). Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data.
3.2 Customer hereby grants Pineabl Co. a royalty-free, worldwide, non-exclusive right and license to use, reproduce, modify, edit, adapt, publish, distribute, perform and display Customer Data solely in connection with its operation of the Platform and related business purposes. Pineabl Co. will only use personally identifiable information of Customer included in the Customer Data for purposes of providing, securing, improving and customizing the Platform, as well as for any purpose set forth in the Pineabl Co. Privacy Policy as determined in Pineabl Co.’s sole discretion, and agrees to de-identify such Customer Data in all other cases. Once Pineabl Co. has de-identified Customer Data, Pineabl Co. may analyze, use and disclose such de-identified information for any purpose, including for marketing and advertising via the Platform interface, and as otherwise set forth in its Privacy Policy.
3.3 Customer must enter information and data in the Platform for purposes of accepting and updating the status of Work Orders. All such Work Order information is the property of the applicable Customer.
3.4 Pineabl Co. reserves the right to remove any Customer profile for any reason.
3.5 As per our Privacy Policy (see Privacy Policy), minors under eighteen (18) years of age are prohibited from using the Site and Services. We do not intentionally gather Personal Information from visitors who are under the age of 13 or have any reasonable grounds for believing that children under the age of 13 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Information from a child under age 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 13, please contact us.
3.6 Pineabl Co. makes use of location-based data to better the utility of our Site or App. If you choose not to allow Pineabl Co. to access your location, some or all functionality, including listed jobs in the geo-location, or jobs with a mandatory geo-location tracking requirement may not be available to you
3.7 Platform Use Terms:

By accessing the Platform, you agree, represent and warrant that:

• you will not knowingly provide or enter any false, misleading, or fraudulent information;
• you will not use the Platform for any illegal purpose, nor will you provide or enter any material or information in violation of any applicable law or regulation;
• all information and content provided or entered by you (i) will be original to you, and not violate the copyright or other proprietary rights of any third party, and (ii) will not violate the rights of any third party, including trade secret or privacy rights;
• information provided or entered by you will not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive (in Pineabl Co.’s discretion);
• you will not hold yourself out as someone you are not or otherwise impersonate any other person;
• you will not interfere or tamper with the functioning of the Platform, nor will you attempt to gain access to information or control of the Platform not specifically granted to you;
• you will not use the Platform to transmit or host any spyware, virus, spamming, “botnet,” cryptocurrency “mining” or similar resource-consuming or destructive programs or code;
• you will not compile any database or list of other Platform users, nor will you use the Platform to facilitate the sending of any spam (unsolicited emails), bulk email, or email offering to sell goods or provide services, except as specifically-authorized in conjunction with Pineabl Co. services, and in no event will you send emails that would violate the CAN-SPAM Act in any way;
• you will abide by any other rules for participation in any social media features on the Platform including but not limited to not entering advertisements or off-topic communications in groups, chat rooms, or forums in violation of the terms of participation for such newsgroups or forums;
• you will not use the Platform to discuss or disclose the terms of any Work Order, except to facilitate the performance of the Work Order between the you and the Freelancer;
• you will not attempt to rent, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Platform available to any third party;
• you will not create any derivative works based on the Platform, either on your own or through any third party;
• you will not produce a source listing, decompile, disassemble, or otherwise reverse engineer the Platform; and
• you will not remove or obscure any notices or markings, including without limitation, copyright, trademark, or confidentiality notices, or ownership notices on the Platform, including any screens displayed by the Platform or any of its interfaces.
Further, you represent and warrant that
• your use of the Platform is not prohibited by the laws, rules, or regulations of the country or other legal jurisdiction in which you reside;
• you are not located in a country or region, nor are you a citizen of a country or region, that is (i) subject to U.S. federal government sanctions or embargoes, including without limitation Cuba, Iran, North Korea, Sudan, and Syria;
• you are not employed by or associated with an entity identified on the U.S. Department of Commerce’s Denied Persons or Entity List, the U.S. Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List, and are not otherwise ineligible to receive items subject to U.S. export control laws, rules, and regulations; and
• You have authority to enter into this Agreement on behalf of yourself, or on behalf of the registered business organization with which you are associated or for whom you are working when using this Platform. Additionally,
• Pineabl Co. is not legally responsible for any information or content posted or made available on the Platform by any User which is defamatory, violates privacy rights, or otherwise violates the rights of another user or third party. Pineabl Co. does not actively monitor or censor any information submitted to the Platform, but expressly reserves the right to monitor all content provided by Users at any time without notice. Pineabl Co. reserves the right to remove or restrict access to any information or content submitted to or made available on the Platform if it determines that such information violates this Agreement or any law, rule, or regulation of any jurisdiction.
• The Platform may include features that allow Users to post messages, comments, statements, and personal information for viewing by other Users of the Platform. All Users are responsible for exercising such care as is necessary to protect their private, confidential, or personal information when using such Platform functionality. If you do post comments or provided content via such features, or send any comments or questions about the Platform via email, telephone, or other means, such information is considered public, and Pineabl Co. may store, maintain, and use such information indefinitely, and may also disclose such information to third parties in our sole business discretion.
• Usage of the Platform constitutes consent of Customer for Pineabl Co. to contact the Customer by way of electronic and/or telephonic communication (including sms messaging) with information, updates, opportunities and announcements from Pineabl Co. or third party affiliates of Pineabl Co.. Users may opt out of certain of these communications via the Platform.
• The Platform may provide links to websites or apps owned and operated by third parties. Pineabl Co. exercises no control whatsoever over such websites and is not responsible or liable for the availability, security, content, advertising, products, services, or other materials available or viewable on such websites. Access and use of such linked systems is solely at your own risk.

• Payment to Freelancers and Fees.

4.1 A Freelancer who performs work for a Customer under a Work Order through the Platform will be paid by Pineabl Co. on behalf of the Customer. As a condition of being allowed to post and accept Work Orders between Customers and Freelancers via the Platform, Customer must deposit funds with Pineabl Co., meet Pineabl Co.’s credit requirements, and qualify a payment mechanism, if required. Any Customer funds held by Pineabl Co. will be held in a custodial account and will be commingled with the funds of other Customers. Customer acknowledges that Pineabl Co. will not pay interest on the funds it holds on deposit.
4.2 Pineabl Co. charges fees for the use of the Platform upon completion of a Work Order. When a Customer sources a Freelancer through the Platform, the Freelancer will pay Pineabl Co. a set percentage of the fees agreed to in the Work Order. Pineabl Co. will deduct these fees directly from the fees payable to a Freelancer by a Customer. Pineabl Co.’s fees are subject to periodic changes, in its sole business discretion. Use of the Platform constitutes acceptance of Pineabl Co.’s most current pricing.
4.3 Once the Customer authorizes its acceptance of a completed Work Order through the Platform in accordance with the Work Order Terms and Pineabl Co. facilitates Customer’s payment for services under the Work Order to the Freelancer, Pineabl Co. shall have no further financial obligation with respect to Customer or Freelancer under that Work Order. Any refund of amounts paid or a warranty claim related to a Work Order shall be the responsibility of the Freelancer who was paid for the services.
4.4 In addition to any other remedies it may have under these Customer Terms, Pineabl Co. reserves the right to suspend or terminate Customer’s access to the Platform in order to protect Pineabl Co.’s rights and interests.
4.5 In the event that any jurisdiction imposes sales, use, value-added, excise, or other taxes payable on account of payments to Pineabl Co., other than taxes on Pineabl Co.’s own income (“Taxes”), Pineabl Co.’s fees will be increased to cover such Taxes so that it receives a net amount equal to the full amount of the fees or other payment obligations that would otherwise have been payable under these Customer Terms as if no such deduction or withholding was required.

• Tax Reporting and Payment Obligations.

5.1 As a service to registered Customers and on behalf of registered Customers, Pineabl Co. will provide Freelancers with annual 1099s and file such forms as required by the Internal Revenue Service. The filings will only be made for Freelancers who are U.S. Residents, for net fees paid to Freelancers on Work Orders sourced through the Platform, and for work done in the United States for each year that the fees paid to Freelancer for completed Work Orders exceeds $600.
5.2 Subject to Section 6, Customer otherwise will be responsible for meeting any and all tax payment or reporting obligations that may be imposed by the laws of any legal jurisdiction as a result of the payment of fees or other compensation to Freelancers for services provided pursuant to Work Orders completed via the Platform.

• Service Levels.
Pineabl Co. will use reasonable efforts to make the Platform available for access and use by Customer. Customer acknowledges and agrees that Pineabl Co. will not be liable for (a) any unavailability caused by acts or omissions of Customer, any Freelancers or other third parties, or caused by events outside Pineabl Co.’s control; (b) problems with Customer’s internet access or private computer network and equipment; and (c) Pineabl Co.’s regularly scheduled maintenance work. Pineabl Co. will use reasonable efforts to cause all maintenance to be completed between 12:00 AM and 4:00 AM EST.

• Support and Maintenance.
Pineabl Co. will provide email, text-based, or telephone support to Customer. Currently, such support generally is available Monday through Friday, excluding U.S. Federal Holidays, from 9:00 a.m. to 5:00 p.m. U.S. Eastern Time. Support shall include assistance with general usage and functionality issues and correction of software bugs and errors. Pineabl Co. will make reasonable efforts to correct or fix reported software bugs and errors promptly after being notified of the problem.

• Data Security.
Pineabl Co. will use reasonable efforts to secure, protect, and maintain the integrity of all data stored by Customer in accessing and using the Platform. Customer is solely responsible for the security of all Customer names and passwords that may be required to access and use the Platform. If the security of such information is comprised, Customer agrees to promptly notify Pineabl Co..

• Equipment Costs.
Customer will be responsible for all equipment, network, and other costs necessary for Customer to access and use the Platform via the Internet.

• No Consulting Services.
Pineabl Co. will not be obligated to provide Customer with any consulting or other services related to the use of the Platform.

• Confidentiality.

11.1 Definition.

In performing and accepting services under these Customer Terms, Pineabl Co. and Customer may exchange technical, product, financial, and business information which is confidential or proprietary to them (“Confidential Information”). Confidential Information shall be limited to information clearly marked as confidential or proprietary, or information which is disclosed verbally and identified as confidential or proprietary when disclosed.

11.2 Obligations.

Pineabl Co. and Customer will hold all Confidential Information they receive from the other party in strict confidence and will only use it to perform their respective obligations and exercise their rights under this Agreement. Confidential Information may only be disclosed to employees, agents, consultants, and professional advisors who have a good faith need to know such information for the purposes of this Agreement, provided the person receiving the information has a confidentiality obligation to the disclosing party which is at least as stringent as the confidentiality terms of this Agreement. The receiving party shall protect and safeguard the Confidential Information against unauthorized disclosure by procedures no less stringent than those it uses for protecting its own confidential or proprietary information, and in any event by use of no less than a reasonable degree of care.

11.3 Limitations.

These Customer Terms impose no obligation with respect to information which: (a) was in the possession of, or was known by, the receiving party prior to its receipt from the discloser, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public without violation of these Customer Terms; (c) was obtained by the receiving party from a third party having the right to disclose it, without an obligation to keep such information confidential; or (d) is independently developed by the receiving party without the use of Confidential Information.

11.4 Ownership.

Each party retains all intellectual property rights in and to its own Confidential Information.

11.5 Survival.

The confidentiality provisions of these Customer Terms shall survive its termination for a period of five (5) years, except for the obligations of the parties regarding any trade secret information which shall survive indefinitely.

• No Circumvention; Non-Interference.

12.1 Customer shall engage Freelancers to perform Work Orders directly through the Platform only. Customer shall not communicate with any Freelancers outside of the Platform for the purpose of avoiding any obligations under these Customer Terms or the Customer Agreement, including the obligation to pay any Pineabl Co. fees. Customer shall not take any actions which would circumvent the processing of payments through the Platform or prevent Pineabl Co. from collecting transaction fees due from a Freelancer.
12.2 For the term of Customer’s use of the Platform and two (2) years thereafter, Customer shall not directly or indirectly: (a) solicit for employment or contract services or hire any Freelancer to perform services similar to those offered by Freelancer through the platform, except for services to be performed pursuant to Work Orders via the Platform without the prior written consent of Pineabl Co.; nor (b) take any action which interferes with the contractual relationship between Pineabl Co. and any of its Freelancers.

• Term and Termination.

These Customer Terms commence when Customer registers to use the Platform for the first time and continue in force until terminated by either party. Customer may terminate these Customer Terms immediately upon notice to Pineabl Co. at any time and for any reason. Pineabl Co. may terminate these Customer Terms immediately without any notice at any time and for any reason. Upon termination by either party, Customer’s rights to access and use the Platform will cease immediately. Upon any termination, Customer will not be relieved of any obligation to pay any fees due to Pineabl Co. which accrued before the termination date. If these Customer Terms are terminated for any reason, Pineabl Co. will make the Customer Data available for transmittal to Customer within a reasonable period after receiving a written request from Customer, provided such request is received within thirty (30) days following termination.

• Warranties and Disclaimer.

14.1 General.

Pineabl Co. and Customer each represent and warrant that (a) they are duly organized, validly existing and in good standing under the laws of the respective jurisdictions in which they were formed (in the case of Customers who are not natural persons); (b) each has full power and authority to execute, deliver, and perform these Customer Terms; (c) these Customer Terms have been duly authorized, executed, and delivered by and are a legal, valid, and binding obligation in accordance with these terms; and (d) each of their obligations under these Customer Terms shall be performed in compliance with any obligations to third parties and all applicable law, rules, or regulations of any governmental entity or agency.

14.2 Customer Data.

Customer represents and warrants that: (a) Customer owns or has secured sufficient intellectual property rights to the Customer Data to deliver it to Pineabl Co. for use in the Platform as intended by these Customer Terms; (b) the Customer Data does not and will not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, libelous, deceptive, fraudulent, or violates any person’s privacy or publicity rights; and (c) the Customer Data does not and will not contain a software virus or other harmful component.

• Disclaimer

USE OF THE PLATFORM IS AT CUSTOMER’S SOLE RISK. EXCEPT AS SET FORTH EXPRESSLY IN THESE TERMS AND CONDITIONS, THE PLATFORM IS PROVIDED “AS IS” AND “AS-AVAILABLE” AND WITHOUT A WARRANTY OF ANY KIND. PINEABL CO. DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS CONCERNING THE PERFORMANCE, OPERATION OR QUALITY OF THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PINEABL CO. DOES NOT WARRANT THAT THE PLATFORM WILL MEET ANY CUSTOMER’S REQUIREMENTS, OPERATE IN COMBINATION WITH OTHER SOFTWARE OR INTERNET SITES OR SERVICES, BE UNINTERRUPTED OR ERROR-FREE, OR FUNCTION WITHIN A PARTICULAR SYSTEM. NO OTHER ORAL OR WRITTEN ADVICE GIVEN BY PINEABL CO. WILL CREATE A WARRANTY REGARDING THE PLATFORM. NO AGENT OR EMPLOYEE OF PINEABL CO. IS AUTHORIZED TO MAKE ANY WARRANTY OBLIGATIONS ON BEHALF OF PINEABL CO. OR MODIFY THE LIMITATIONS STATED IN THIS SECTION 15.

Indemnification

16.1 Pineabl Co. Indemnification.

Pineabl Co. shall indemnify and hold Customer, its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) any alleged conduct which would constitute a breach of the representations and warranties of Pineabl Co. set forth herein; or (b) a claim that the use of the Platform (other than third party materials) infringes the copyright, trademark, or United States or Canadian patent rights of any third party. Upon notice of an alleged infringement or if in Pineabl Co.’s opinion such a claim is likely, Pineabl Co. shall have the right, at its option, to obtain for Customer the continuing right to use the Platform, substitute other non-infringing functionality, or modify the Platform so that it is no longer infringing. THIS SECTION SETS FORTH PINEABL CO.’S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, FOR PINEABL CO.’S INFRINGEMENT OF THIRD PARTY RIGHTS OF ANY KIND.

16.2 Customer Indemnification.

Customer shall and does hereby indemnify and hold Pineabl Co., its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses, including reasonable legal fees and costs, arising out of or in connection with: (a) a claim based on any alleged misuse of the Platform by Customer, or a claim that any Customer Data infringes the copyright, trademark, or patent rights of any third party; (b) any alleged conduct which would constitute a breach of the representations and warranties of Customer set forth herein; and; and (c) any claims arising out of or related to any Work Order, including (i) any claims by any third party or government agency that a Freelancer was misclassified as an independent contractor or employee of Customer; and (ii) any claim that Pineabl Co. was an employer or joint employer of a Freelancer; and (iii) similar or related legal claims under any employment laws.

16.3 Conditions.

Each party shall indemnify the other party as set forth above provided that: (a) the indemnified party notifies the indemnifying party promptly in writing of the claim; (b) the indemnifying party has sole control of the defense and all related settlement negotiations with respect to the claim; provided, that the indemnified party has the right, but not the obligation, to participate in the defense of any such claim through counsel of its own choosing; and (c) the indemnified party cooperates fully to the extent necessary, and executes all documents necessary for the defense of such claim.

16.4 Arbitration Agreement and Class Action Waiver.

Pineabl Co. and Customer mutually agree to resolve any and all covered justiciable disputes between them exclusively through final and binding arbitration instead of a court or jury trial. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and applies to any and all claims arising out of or relating to the Customer Terms, this Arbitration Agreement, Customer’s use of the Platform, any payments made or received by Customer through the Platform or arising out of or relating to the acceptance or performance of services arranged through the Platform, the termination of this Agreement, and all other aspects of the Customer’s relationship (or the termination of its relationship) with Pineabl Co., past, present or future, whether arising under federal, state or local statutory and/or common law. Customer and Pineabl Co. agree that the mutual obligations to arbitrate disputes provide adequate consideration for this arbitration agreement.

1. If either party initiates arbitration, the initiating party must notify the other party in writing via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. The arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.

1. Class and Collective Action Waivers. Pineabl Co. and Customer mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action and/or collective action, and an arbitrator will not have any authority to hear or arbitrate any class and/or collective (“Class Action Waiver”). Notwithstanding any other clause contained in this arbitration agreement or the AAA Rules, as defined below, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration.

1. Customer agrees and acknowledges that entering into this arbitration agreement does not change Customer’s status as per the Customer’s Terms of Services agreement.

1. Except as otherwise stated in this arbitration agreement, any arbitration shall be governed by the American Arbitration Association Commercial Arbitration Rules (“AAA Rules”), subject to the following:

1. The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction.

2. Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that Company shall pay all of the Arbitrator’s fees and costs.

3. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes.

4. Except as provided in the Class Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable.

5. The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions.

6. The Arbitrator’s decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the arbitrator’s decision or award in any court having jurisdiction.

7. Either Pineabl Co. or Customer may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this paragraph may be rendered ineffectual.

1. Regardless of any other terms of this arbitration agreement, claims may be brought before, and remedies awarded by, an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate governed by the Federal Arbitration Act (such as the National Labor Relations Board, the U.S. Department of Labor or the Equal Employment Opportunity Commission). This arbitration agreement does not apply to any claim that may not be arbitrated as provided by an Act of Congress or lawful, enforceable presidential Executive Order.

1. The AAA Commercial Arbitration Rules may be found at adr.org/Rules.

1. This arbitration agreement is the full and complete agreement relating to the formal resolution of disputes covered by this arbitration agreement. In the event any portion of this arbitration agreement is deemed unenforceable, the remainder of this arbitration agreement will be enforceable. This arbitration agreement survives after the termination of the Customer Terms and/or after Customer ceases any assignment and/or relationship with Pineabl Co.. This arbitration agreement will also continue to apply notwithstanding any change in Customer’s responsibilities, position, or title, or if Customer transfers companies. Notwithstanding any contrary language in the Customer Terms or in any Pineabl Co. policy or other agreement, this arbitration agreement may not be modified or terminated absent a writing signed (electronically or otherwise) by both Customer and an authorized representative of Pineabl Co..

Intellectual Property

17.1 Trademarks.

17.2 Copyright Matters.

Infringement Notification

In accordance with Section 512(c)(1)(A) of the Digital Millennium Copyright Act (DMCA), we will, in appropriate circumstances, remove content validly-alleged to infringe on a U.S. copyright, and pursuant to Section 512(i)(1)(A), disable and/or terminate the accounts of platform users who engage in infringement.
Upon receipt of proper notification of claimed copyright infringement, Pineabl Co. will follow the procedures outlined herein, pursuant to the DMCA:

1. To file a notice of infringement with Pineabl Co., you must provide a written communication (see contact information, below) that sets forth the information specified in (ii). Be advised that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent alleged infringement of your copyright(s). It is therefore advisable to contact a lawyer prior to engaging this process, particularly if there are any doubts as to your full and valid ownership of the copyright(s), or the level of protection afforded by copyright laws in the circumstances (i.e., failure to undertake a bona fide consideration of fair use can, inter alia, result in the aforementioned penalties).

3. Send the written communication to our designated agent at:

Pineabl Co., Inc.
Attention: Copyright Officer
258 Chapman Road, Suite 202
Newark, DE 19702
Email: copyright@Pineabl Co..com
Fax: 1-855-276-6362

1. Counter-Notification.
The provider of the allegedly infringing content may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA in attempt to prevent removal of the materials or disabling of an account. Upon receipt of proper counter-notification of copyright infringement, Pineabl Co. will follow the procedures outlined herein, pursuant to the DMCA:

3. Send the written communication to our designated agent at:

Pineabl Co., Inc.
Attention: Copyright Officer
258 Chapman Road, Suite 202
Newark, DE 19702
Email: copyright@Pineabl Co..com
Fax: 1-855-276-6362

General Terms

18.1 PINEABL CO.’S AGGREGATE LIABILITY TO CUSTOMER FOR CLAIMS RELATING TO THESE TERMS, WHETHER IN CONTRACT OR TORT, WILL BE LIMITED TO THE TOTAL FEES PAID OR OWING TO PINEABL CO. FOR WORK ORDERS COMPLETED FOR CUSTOMER DURING THE MOST RECENT SIX (6) MONTHS OF THE TERM OF THESE CUSTOMER TERMS.
18.2 NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THESE TERMS, INCLUDING LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN CONTRACT OR TORT, EVEN IF THE PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18.3 Pineabl Co. and Customer acknowledge that the foregoing limitations of liability represent a reasonable and negotiated allocation of risk, that these limitations constitute an integral part of these Customer Terms, and that absent these limitations the parties would not have executed these Customer Terms. The limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.
18.4 This Agreement constitutes the entire agreement between the parties hereto with reference to the subject matter hereof and supersedes all prior agreements and understandings between them relating to the subject matter hereof. No modification hereof shall be binding unless it is in writing and signed by both parties, except that updates of this Agreement by Pineabl Co. and delivered through the Platform or in association with the Platform (e.g., such as to Customer’s e-mail address) shall be binding upon Customer’s continued use of the Platform or Customer’s “click-through” consent (if such facility is provided).
18.5 Pineabl Co. may freely assign this Agreement, in whole or in part. Customer may not assign or delegate its obligations under this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties’ successors and assigns.
18.6 If any provision of this Agreement, or the application thereof shall be held by an arbitrator or a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement and such provisions shall remain in full force and effect, and shall be enforced to fullest extent consistent with the remainder of this Agreement and applicable law.
18.7 The terms of this Agreement which do expressly or are intended by their nature to survive its termination shall survive such termination.
18.8 No waiver of any provision of this Agreement shall be effective unless made in writing. No waiver of any provision of this Agreement shall be deemed or construed a waiver of any other provision hereof, nor shall such waiver constitute a waiver of any subsequent breach of the same or any other provision of this Agreement. Unless the context of this Agreement clearly requires otherwise, references to “including” and “include” mean “including, but not limited to”.
18.9 Any legal action brought against Pineabl Co. under this Agreement (including any Work Order issued hereunder) must be commenced within one year after the cause of action accrues and in no event later than one year after the expiration or termination of any corresponding Work Order.
18.10 The rights and obligations of the parties to this Agreement shall be governed by and construed in accordance with the laws of the state of Delaware, without giving effect to its conflicts of law principles. Customer agrees and consents to the jurisdiction of the state of Delaware, and expressly waives any and all objections to jurisdiction or venue in such courts.

Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Company's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify or copy the materials. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial). Attempt to decompile or reverse engineer any software contained on Company's web site. Remove any copyright or other proprietary notations from the materials. transfer the materials to another person or 'mirror' the materials on any other server. Permission is granted to use one copy of the materials (information or printed collateral) provided in Company's workshops or other in-person meetings, presentations or lectures for User's personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify or copy the materials. Use the materials for any commercial purpose, or for any public display (commercial or non-commercial). Attempt to decompile or reverse engineer any documentation or materials (information or printed collateral) provided by the Company to the User. Remove any copyright or other proprietary notations from the materials. Transfer the materials to another person or 'mirror' the materials on any other server, or reproduce electronically for distribution, sale or e-commerce. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any Company materials in your possession whether in electronic or printed format.

Disclaimer

The materials provided on the Company's web site and through workshops or other in-person meetings are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its. Internet web site or otherwise relating to such materials workshops or other in-person meetings or on any sites linked to this site.

Pineabl Co. Marketplace Platform

Freelancers and Customers that transfer to the Company's PINEABL CO. Platform from this marketing website and subsequently proceed with Freelancer or customer registration will be provided with additional terms and conditions documentation during the registration process which specifically relate to the access and use of the PINEABL CO. Marketplace Platform.

Limitations

In no event shall Company or its suppliers, partners or sponsors be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Company’s Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Links

Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to Company's web site shall be governed by the laws of the Delaware without regard to its conflict of law provisions.

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261 Chapman Road
Suite 100 Newark, DE
19702

+1 302 691 9126

info@pineabl.com

Terms & Agreements

Customer Terms & Conditions

General Terms & Conditions