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Effective URL: https://www.thumbtack.com/terms/
Submission: On October 06 via api from US — Scanned from DE
Effective URL: https://www.thumbtack.com/terms/
Submission: On October 06 via api from US — Scanned from DE
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</form>Text Content
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Home
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Home
1. Local Roofers
2. Cheap Movers
3. General Contractors
4. Handyman Services
5. Affordable Roofers
6. Single Item Movers
7. House Cleaning Services
8. Last Minute Movers
9. Electricians
10. Home Painters
11. Movers
12. Plumbers
See all
Events and more
1. Affordable Attorneys
2. App Developers
3. Personal Trainers
4. Freelance Web Designers
5. DJs
6. College Application Consultants
See all
Other Info
1. Home Maintenance
2. Weddings
3. Cost Guides
4. Project Guides
5. Questions and Answers
6. Get the App
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TERMS OF USE (EFFECTIVE AS OF NOVEMBER 7, 2022)
See below for currently effective Terms of Use
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND
CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION
AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND
CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and
participation in the Platform made available by Thumbtack, Inc. or any of its
subsidiaries (collectively, and including such entities operating under any
other names (including Setter), "Thumbtack," "we," "our," or "us") or through
Thumbtack and the entirety of your relationship with Thumbtack. YOU UNDERSTAND
AND AUTHORIZE THUMBTACK TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND
BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT
YOUR USE OF THE SERVICE.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT
ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses,
uses, and/or participates in the Platform in any manner, and each of your heirs,
assigns, and successors. If you use the Platform on behalf of an entity, you
represent and warrant that you have the authority to bind that entity, your
acceptance of the Terms will be deemed an acceptance by that entity, and "you"
and "your" herein will refer to that entity, its directors, officers, employees,
and agents.
MODIFICATIONS
Thumbtack reserves the right, in our sole discretion, to modify these Terms, and
any other documents incorporated by reference herein, at any time and without
prior notice. Thumbtack will notify you of changes by posting on the Thumbtack
Terms of Use website and may also, in our sole discretion, notify you by sending
you a message and/or otherwise notifying you when you are logged into your
account. Modifications will become effective 30 days after the earliest of: (a)
modifications being posted on the Platform; (b) Thumbtack’s transmission of a
message to you about the modifications; or (c) you are otherwise notified when
you are logged into your account. Your use of the Platform after the expiration
of the 30 days will constitute your consent to the changes. If you do not agree,
you may not access or use the Platform.
ADDITIONAL TERMS AND POLICIES
Please review Thumbtack's Privacy Policy , incorporated herein by reference, for
information and notices concerning Thumbtack's collection and use of your
information. The provision and delivery of text messages by Thumbtack or our
text message service providers is governed by our SMS Terms and Conditions,
which are expressly incorporated herein. The “Thumbtack Guarantee” is governed
by the Thumbtack Guarantee Terms and Conditions, which are expressly
incorporated herein. Please review the full set of key Thumbtack policies that
govern your use of the Platform and our interactions with you and third-parties.
Certain areas of and/or products on the Platform may have different terms and
conditions posted or may require you to agree with and accept additional terms
and conditions or policies. If there is a conflict between these Terms and the
terms and conditions or policies posted for a specific area or product, the
latter take precedence with respect to your use of that area or product.
KEY TERMS
"Collective Content" means User Content and Thumbtack Content together.
"Content" means text, graphics, images, music, software, audio, video,
information or other materials, including but not limited to profile
information, Pro Services requests, quotes, message threads, reviews, scheduling
and calendar information, and other information or materials available on or
through the Platform.
"Consumer" means a User who is registered to search for Service Professionals on
the Platform, seeks Pro Services from Service Professionals on the Platform,
makes a booking with a Service Professional to purchase a Pro Service (or
receive a quote in contemplation thereof), is registered for or undergoes a home
specialist consultation or similar service with respect to their home, utilizes
a Thumbtack plan to track maintenance on a home, is a Thumbtack Plus member, or
otherwise uses the Platform to, or agrees to these Terms in order to, receive,
pay for, review, or facilitate the receipt of Pro Services. Because a Consumer
may be, or may become, a customer of a Service Professional, a Consumer is often
referred to as a “customer” or a “Customer” on the Platform and in marketing
materials related to the Platform.
"Fee" means any amount charged by Thumbtack to a User in connection with the
Platform.
"Platform" means all Thumbtack websites, mobile or other applications, software,
processes, video consultations, subscription services, and any other services
provided by or through Thumbtack.
“Privacy Policy” means the Thumbtack Privacy Policy located at
https://www.thumbtack.com/privacy/, including any amendments, supplements or
modifications thereto made from time to time.
"Pro Services" means the services listed, quoted, scheduled, offered, fulfilled
or provided by Service Professionals, or sought, scheduled, paid for, or
received by Consumers, through the Platform.
"Service Professional" means a User who uses, or is registered to use, the
Platform to offer, provide, receive payment for, or facilitate the provision of
Pro Services. Service Professionals are often referred to as “pros” on the
Platform.
"Thumbtack Content" means all Content Thumbtack makes available on or through
the Platform, including any Content licensed from a third-party, but excluding
User Content.
"User" means a person or entity who completes Thumbtack's account registration
process, agrees to these Terms, utilizes any services offered by or through the
Platform, or a person or entity who submits or receives a request through
Thumbtack, including but not limited to Service Professionals and Consumers.
"User Content" means all Content submitted, posted, uploaded, published, or
transmitted on or through the Platform by any User or other user of the
Platform, including but not limited to photographs, profile information,
descriptions, postings, reviews, requests, messages, and payments made through
the Platform, but excluding Thumbtack Content and Feedback.
ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANTIES, AND USE OF THE
PLATFORM
Access to and use of the Platform is available only to individuals who are at
least 18 years old and can form legally binding contracts under applicable law.
By accessing or using the Platform, you represent and warrant that you meet
these requirements.
By registering or using the Platform to offer, post, or provide Pro Services,
Service Professionals represent and warrant that they, and the employees,
agents, suppliers contractors, and subcontractors who may perform work for them,
are properly and fully qualified and experienced, and licensed, certified,
bonded, and insured, as required by applicable laws or regulations to which they
may be subject in the jurisdiction(s) in which they offer their Pro Services and
in relation to the specific job they are performing. Service Professionals
otherwise agree to comply with all applicable laws, including the California
Consumer Privacy Act, any other applicable privacy laws, and the Telephone
Consumer Protection Act, in their use of the Platform and any personal
information obtained from the Platform.
Thumbtack does not sell or otherwise provide Pro Services. Thumbtack may
directly provide home project consultations and related on-Platform services to
Consumers, but any Pro Services solicited as a result of any such consultations
or on-Platform services are provided by an independent Service Professional
without any representation or warranty from Thumbtack other than as expressly
provided for herein. Thumbtack also facilitates Pro Service transactions, which
facilitation may include displaying a list of Service Professionals profiles,
allowing Consumers and Service Professionals to send messages to each other,
allowing for the booking of an appointment for the provision of Pro Services,
assisting in the selection of a Service Professional for certain Consumers, and
processing payment for certain Pro Services. Consumers understand that any such
facilitation does not constitute a warranty in relation to the Pro Services.
Service Professionals understand and agree that using the Platform does not
guarantee that anyone will engage them for Pro Services. Consumers understand
that any Pro Services they solicit and/or pay for using the Platform are
solicited directly from the Service Professional providing such Pro Services.
Service Professionals understand and agree that they are customers of Thumbtack,
and are not Thumbtack employees, contractors, consultants, joint venturers,
partners, or agents. Service Professionals acknowledge that they provide their
own equipment, select their own jobs, develop their own expertise, are free to
do jobs through other platforms and lead sources, and determine their own work
schedule. Thumbtack does not control, and has no right to control, the services
a Service Professional provides (including the details of how the Service
Professional provides such services) if the Service Professional is engaged by a
Consumer or any other person, except as specifically noted herein or on the
Platform.
Thumbtack, as permitted by applicable laws, obtains reports regarding Service
Professionals, which may include history of criminal convictions or sex offender
registration, and we may limit, block, suspend, deactivate, or cancel a Service
Professional’s account based on the results of such a report, without or without
notice. As a Service Professional, you agree and authorize us to use your
personal information, such as your full name and date of birth, to obtain such
reports from Thumbtack’s vendors. Service Professionals agree to inform
Thumbtack of any material criminal convictions that occur after any such reports
are run.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and
participate in certain features of the Platform, you will need to create a
password-protected account ("Account"). You may register for an Account using
certain third-party account and log-in credentials (your "Third-Party Site
Password"), such as your Facebook or Google credentials. You agree to provide
accurate, current, and complete information during the registration or request
submission process and at all other times when you use the Platform, and to
update information to keep it accurate, current, and complete. You are solely
responsible for safeguarding your Thumbtack password and, if applicable, your
Third-Party Site Password. You are solely responsible for all activity that
occurs on your Account, and you will notify Thumbtack immediately of any
unauthorized use. Thumbtack is not liable for any losses by any party caused by
an unauthorized use of your Account. You are liable for the losses of Thumbtack
or others due to any unauthorized use of your account related to your failure to
comply with these Terms. Your account is nontransferable except with Thumbtack’s
written permission and in accordance with Thumbtack policies and procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Thumbtack grants you a limited,
non-exclusive, revocable, nontransferable, and non-sublicensable license to
reproduce and display Collective Content (excluding any software source code)
solely for your personal and non-commercial use and only in connection with your
access to and participation in the Platform. You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Platform or Collective Content, except as expressly
permitted in these Terms. The Platform and Collective Content are provided to
you as is. If you download or print a copy of Collective Content for personal
use, you must retain all copyright and other proprietary notices contained
thereon. No licenses or rights are granted to you by implication or otherwise
regarding any intellectual property rights owned or controlled by Thumbtack or
our licensors, except for the licenses and rights expressly granted in these
Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or
transmit User Content. The contents of private messaging through the Platform
will not be used by Thumbtack in public advertising. By making available any
User Content on or through the Platform, you hereby grant to Thumbtack a
worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free
license, with the right to sublicense, to use, copy, adapt, modify, distribute,
license, sell, transfer, publicly display, publicly perform, transmit, stream,
broadcast, access, view, and otherwise utilize such User Content on, through, by
means of or to promote, market or advertise the Platform or Pro Services, or for
any other purpose in our sole discretion. In the interest of clarity, the
license granted to Thumbtack will survive termination of the Platform or your
Account. Thumbtack does not claim ownership rights in your User Content and
nothing in these Terms will be deemed to restrict rights that you may have to
use and exploit any such User Content submitted, posted, uploaded, published, or
transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content
that you make available on or through the Platform. Accordingly, you represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all
rights, licenses, consents and releases that are necessary to grant to Thumbtack
the rights in such User Content, as contemplated under these Terms; and (b)
neither the User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or Thumbtack's use of your User Content (or any
portion thereof) on, through or by means of the Platform will infringe,
misappropriate or violate a third-party's patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable law
or regulation. While Thumbtack has no obligation to do so, you agree that
Thumbtack may edit and/or withdraw your User Content, and you understand it
remains your sole responsibility to monitor your User Content and ensure that
such edited Content is accurate and consistent with your representations and
warranties in these Terms.
Thumbtack reserves the right, at any time and without prior notice, to remove or
disable access to User Content that we, in our sole discretion, consider to be
objectionable, in violation of these Terms or otherwise harmful to the Platform
or Users, or for any other reason.
PROHIBITIONS
As a User of the Platform, you may not:
* Use another person's Account, misrepresent yourself or Pro Services offered
through the Platform, misrepresent your identity or qualifications,
misrepresent a project or other information in a quote request, or post
Content in any inappropriate category or areas on the Platform;
* Use any automated system including but not limited to robots, spiders,
offline readers, or scrapers to access the Platform for any purpose without
Thumbtack's prior written approval; provided, that the operators of public
search engines may use spiders or robots to copy materials from the Platform
for the sole purpose of creating publicly available searchable indices of the
materials, but not caches or archives of such material (Thumbtack reserves
the right to revoke these exceptions either generally or in specific cases);
* Copy text, or otherwise misuse or misappropriate Platform information or
Content in any manual or automated manner including but not limited to, for
use on a mirrored, competitive, or third-party site;
* Take any action that (a) may unreasonably encumber the Platform's
infrastructure; (b) interferes or attempts to interfere with the proper
working of the Platform or any third-party participation; (c) bypasses
measures that are used to prevent or restrict access to the Platform; (d)
circumvents, disables or otherwise interferes with security features of the
Platform; (e) distributes viruses or any other technologies that may harm
Thumbtack or our Users; (f) uses the Platform in a way that violates any
copyrights, trade secrets, or other rights of any third-party, including
privacy or publicity rights; or (g) circumvents or manipulates the Fee
structure, billing, or Fees owed;
* Use the Platform in any manner that circumvents, or that may be intended to
circumvent, your obligation to pay Thumbtack for access to services provided
by the Platform or by Service Professionals;
* Notwithstanding anything to the contrary contained in these Terms, collect,
harvest, publish, or “sell” any personal information (as that term is defined
by the California Consumer Privacy Act and/or any similar law or regulation),
including but not limited to information related to Users for any reason not
explicitly authorized by these Terms, including commercial solicitation
purposes;
* Violate any applicable laws or regulations;
* Fail to comply with a User’s requests (including, those made on their behalf
by Thumbtack) to no longer receive phone calls, text messages, e-mails or any
other communications from you;
* Recruit, solicit, or contact in any form Service Professionals or Consumers
for employment or any other use not specifically intended by the Platform;
* Take any inappropriate or unlawful actions, including the submission of
inappropriate or unlawful Content to or through the Platform, including
Content that is harassing, hateful, illegal, profane, obscene, defamatory,
threatening, or discriminatory, or that advocates, promotes, or encourages
inappropriate activity, conduct that would be considered a criminal offense,
or conduct that would give rise to civil liability or violate any law;
* Violate in any material respect any Thumbtack policies that govern your use
of the Platform and our interactions with you and third-parties;
* Advertise or solicit a Pro Service not related to or appropriate for the
Platform including, but not limited to any Pro Service that (a) is not in
supported categories or provides only products; (b) provides directories or
referrals; (c) offers lending; (d) offers rental space; (e) promotes events
(such as a party or professional convention); (f) competes with the business
of Thumbtack; (g) is based outside the United States; (h) promotes or offers
Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate
marketing or unsolicited commercial content, discount cards, credit
counseling, online surveys or contests, raffles, prizes, bonuses, games of
chance or giveaways; or (i) offers a Pro Service not reasonably available to
a Consumer or other individual in that Consumer or individual’s location;
* Submit User Content that damages the experience of any User including but not
limited to (a) requests to download non-Thumbtack mobile applications and/or
links that direct the User to mirrored websites where the User must enter
information that is redundant with what has already been entered on
Thumbtack, (b) offers to purchase a Pro Service or any other service outside
of Thumbtack, or (c) using a profile page or User name to promote services
not offered on or through the Platform;
* Take any action that may undermine the efficacy or accuracy of reviews or
ratings systems;
* Fail to perform Pro Services purchased from you as promised, unless the
applicable Consumer fails to meet a material term of the applicable agreement
for such Pro Services (including by refusing to pay);
* Seek to charge a Consumer for Pro Services when payment has already been, or
is scheduled to be, initiated through Thumbtack;
* Engage in fraudulent conduct, including but not limited to offering to make
money transfers with intent to request a refund of any portion of the payment
or soliciting Users to mail cash or use other payment methods prohibited by
Thumbtack;
* Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service
with no intention of following through with your use of or payment for the
Pro Service;
* Agree to purchase a Pro Service when you do not meet a Service Professional's
requirements;
* Create more than one Consumer or Service Professional Thumbtack account
without our written permission;
* Circumvent, or seek to circumvent, payment through the Platform where payment
through the Platform is indicated to you as mandatory or is initiated by a
Consumer;
* Fail to comply with any applicable laws or regulations related to your use of
the Platform;
* Share a Thumbtack Plus subscription across multiple households;
* Seek to circumvent the terms of, or abuse, your Thumbtack Plus subscription;
* Undertake any activity or engage in any conduct that is inconsistent with the
business or purpose of the Platform; and
* Attempt to indirectly undertake any of the foregoing.
THUMBTACK BUDGET, FEES, AND TAXES
In connection with the use of Thumbtack's Platform, Thumbtack charges Fees.
Service Professionals can pay Fees to Thumbtack in order to receive certain
services on the Platform, including but not limited to receiving contacts,
bookings or payments from Consumers or other individuals. As a Service
Professional, Thumbtack will automatically charge your stored payment method
when those Consumers or other individuals contact you or make a booking with you
concerning a Pro Service that matches the targeting preferences you set with us.
Thumbtack may also charge other types of Fees that you have previously agreed to
(for example, cancellation fees or fees for services such as Front Desk) to your
stored payment method or as deduction from your Thumbtack balance. Fees may also
be deducted from the total amount a Consumer pays for a particular Pro Service.
In order to use Thumbtack, you must have at least one valid payment method
stored on file and the storage of such payment method is subject to our Stored
Payment Terms and Conditions. As described more fully below, you may also be
required to set a weekly spending limit or Budget (as defined below). Except as
otherwise described herein or in our Refund Policy, all sales and Fees on
Thumbtack are final and non-refundable.
Budget for Service Professionals. As a Service Professional, Thumbtack may
require you to set one or more weekly spending limits (“Budgets”) for how much
you are willing to spend on certain Fees over a specific period (“Budget
Period”). The types of leads or other Fees that count against your Budget will
be disclosed to you at the time you set your Budget. You understand that
Thumbtack may charge your stored payment method in excess of your Budgets if
such charges relate to Fees not covered by your budget (including for
“opportunities” contacts or for commission-based Fees), or if you otherwise give
Thumbtack permission to do so. You will not be charged the Budget amount upfront
or automatically - your Budget is not a subscription. Rather, you will be
charged Fees (as further described below) and the types of Fees covered by a
Budget will not exceed your specified Budget without your permission. While
Thumbtack may provide an estimate for the number of Consumers who may contact
you if you set a particular Budget for a particular Budget Period, or if you
otherwise set a certain spending preference, you acknowledge and agree that any
such estimate is not a guarantee, that Thumbtack does not and cannot control any
Consumer or other individual’s interest in contacting or hiring you, and that
actual results will vary.
We will identify the length of the Budget Period when you set your Budget. The
length of the Budget Period will not change within a given Budget Period but may
be changed for subsequent Budget Periods. If a Budget Period length changes, you
can adjust your Budget. If you do not do so, Thumbtack will automatically
pro-rate your then-current Budget to the length of the new period. For example,
if you indicate you are willing to spend $100 for a one-week Budget Period, the
Budget Period shifts to two weeks, and you do not make changes manually, your
Budget will automatically be adjusted to $200 for the two-week Budget Period.
You can change your Budget for a Budget Period at any time, including in the
middle of a Budget Period, subject to the terms of this paragraph and what you
have already spent. If you do not change your Budget in advance of a subsequent
Budget Period, your Budget from the then-current Budget Period will
automatically be used for that subsequent Budget Period, subject to the
foregoing.
Timing of Charges for Service Professionals on Thumbtack. As a Service
Professional using Thumbtack, there are different points at which your payment
method may be charged:
If You Lack Sufficient Purchasing History on Thumbtack
If you are new to Thumbtack or do not have a sufficient purchasing history on
the Platform as determined in Thumbtack’s sole and absolute discretion, your
payment method may be charged each time you are contacted or booked by a
Consumer or other individual and you do not have an adequate Thumbtack balance
to cover the cost of that contact.
If You Have a Sufficient Purchasing History On Thumbtack
Once Thumbtack determines, in our sole and absolute discretion, that you have
sufficient purchasing history on Thumbtack, Thumbtack may charge your payment
method periodically for the total Fees accrued when Consumers or other
individuals contact you. Specifically, Thumbtack may charge your payment method
each time (a) a specific time period has passed; and/or (b) within that time
period, each time the total Fees accrued hit a certain dollar threshold. The
frequency of charges may not match the Budget Period described above. Thumbtack
may adjust both the specific time period and the dollar threshold that trigger
charges in our sole and absolute discretion. Thumbtack may also, in our sole and
absolute discretion, revert to charging your payment method each time you are
contacted by a Consumer or other individual and you do not have an adequate
Thumbtack balance to cover the cost of that contact.
Thumbtack may offer certain services or features with payment timing that
differs from, or is not applicable to, the above.
Default Payment Method. For ordinary charges from Service Professionals,
Thumbtack will first attempt to charge the default payment method. In the event
that Thumbtack is unable to charge that payment method for any reason--including
but not limited to exceeding a payment method’s credit limit, payment method
cancellation, a payment method being out of date, or payment method details
being incorrect--you agree that Thumbtack may charge any other payment method
associated with your account and take any other action to collect payment from
you. If your payment details change, your card provider may provide us with
updated card details. We may use these new details in order to help prevent any
interruption to the Pro Services. If Thumbtack is unable to charge the default
payment method, Thumbtack may attempt to charge any other payment methods
associated with your Account in any order.
Penalty Fees for All Users. Thumbtack may also charge penalty Fees for fraud,
misconduct, late payment or other violations of these Terms, as determined in
our sole discretion. Information about current penalty Fees is available in the
help center.
In addition, Thumbtack may charge certain penalty Fees disclosed directly in the
Platform, including cancellation Fees.
You agree to pay all applicable Fees or charges based on the Fee and billing
terms then in effect, regardless of whether you have an active Account. Charges
will be made to the payment method designated at the time you accrue a Fee. If
you do not pay on time or if Thumbtack cannot charge a payment method for any
reason, Thumbtack reserves all rights permissible under law to recover payment
plus all costs and expenses incurred, including reasonable attorneys' fees, in
our pursuit of payment. If any Fee is not paid in a timely manner, or we are
unable to process your transaction using the payment method provided, we reserve
the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts
or Fees due will be made by electronic mail or by phone. You agree that all
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. You agree that you have the ability to store such electronic
communications such that they remain accessible to you in an unchanged form. You
agree to keep your contact information current, including but not limited to
your email address and phone number. Such communication may be made by Thumbtack
or by anyone on our behalf, including but not limited to a third-party
collection agent. If you cancel your Account at any time, you will not receive
any refund. If you have a balance due on your Account, you agree that Thumbtack
may charge such unpaid Fees to any payment method or otherwise bill you for such
unpaid Fees.
Taxes. Payments required by these Terms may be stated exclusive of all taxes,
duties, levies, imposts, fines or similar governmental assessments, including
sales and use taxes, value-added taxes, goods and services taxes, excise,
business, service, and similar transactional taxes imposed by any jurisdiction
and the interest and penalties thereon (collectively, “Taxes”). Certain
jurisdictions, however, may require us to collect Taxes from you in connection
with the purchase of, payment for, access to, facilitation of or use of the Pro
Services, and you will be responsible for and bear Taxes associated with the
purchase of, payment for, access to, or use of the Pro Services. Charges are
inclusive of applicable Taxes where required by law. You hereby confirm that
Thumbtack can determine your appropriate jurisdiction for tax purposes however
it deems appropriate or as required by law, and you agree to pay taxes to
Thumbtack when Thumbtack includes a charge for taxes on any invoice. You also
understand and agree that you are solely responsible for determining your own
tax reporting and sales and use tax collection requirements in consultation with
your own tax advisers, and that we cannot and do not offer specific tax advice
to either Service Professionals or Consumers.
TRACKING COMMUNICATIONS
In order to ensure appropriate charging of Fees and compliance with these Terms,
Thumbtack may track the occurrence of communications between Consumers and
Service Professionals that occur off of the Platform via email, phone call, SMS
text message, third-party websites, or any other means, whether initiated by a
Consumer or Service Professional. In order to track the occurrence of such
communications, Thumbtack may obscure Service Professional contact information
in a Service Professional profile, replace Service Professional contact
information in a Service Professional profile with a different piece of contact
information that will forward to the Service Professional, or take any other
step reasonably calculated to track the occurrence of such communications.
Except as explicitly stated herein, we will not record or review the content of
any communications that do not come into contact with the Thumbtack Platform
unless we first obtain your permission.
If you send text messages with a Consumer or Service Professional using the
telephone number for that User available on the Platform, we may use a
third-party service provider to track these text messages. We track these text
messages for fraud prevention, to ensure appropriate charging of Fees, to
enforce these Terms, and for quality and training purposes. As part of this
process, Thumbtack and our service provider will receive in real time and store
data about your text message, including the date and time of the text message,
your phone number, and the content of the text message.
THUMBTACK PLUS
Thumbtack Plus is a subscription-based, online service available to certain
Consumers. If you subscribe to Thumbtack Plus and your account is fully-paid and
in good standing, you are eligible to receive benefits outlined here, which may
change at any time. At the end of your Thumbtack Plus subscription, your
subscription will automatically renew for periods of the same length as your
original subscription unless you opt-out at least five business days prior to
such automatic renewal by providing notice to Thumbtack by choosing “turn off
auto-renew” option on your Thumbtack Plus membership page or by contacting
Thumbtack customer service. Thumbtack may choose to discontinue the Thumbtack
Plus service at any time, in which case subscribers will be refunded a prorated
amount of their subscription fee based on the portion of your subscription that
has elapsed to that point. Subscribers may cancel their subscription at any
time, but the subscription fee is nonrefundable. Thumbtack Plus is available to
consumer households only. Businesses, property managers, landlords and other
similar persons may not utilize Thumbtack Plus and any attempt to do so will
disqualify them from the Thumbtack Plus benefits. Thumbtack Plus subscriptions
are subject to these Terms and any information you share in connection therewith
is subject to the Privacy Policy. You understand that if you violate the Terms,
Thumbtack may terminate your Thumbtack Plus subscription without any refund of
your Thumbtack Plus subscription fee or otherwise.
MARKETPLACE PAYMENTS
The Thumbtack platform may facilitate payments between Consumers and Service
Professionals (“Marketplace Payments”) through our payment processing partner
Stripe, but Thumbtack is not a party to any such Marketplace Payments or any Pro
Services related thereto. Unless otherwise indicated, Marketplace Payments may
be made for services only; Marketplace Payments for tangible personal property
is prohibited. By agreeing to these terms or continuing to operate as a Service
Professional on the Platform, you hereby appoint Thumbtack to act as your agent
for the limited purpose of facilitating and receiving Marketplace Payments on
your behalf through Stripe as contemplated herein. You acknowledge and agree
that, subject to any rights you have pertaining to Marketplace Payment disputes,
once a Marketplace Payment has been made through the Thumbtack Platform, the
payment obligation of the payor User shall be deemed satisfied by the payee User
upon receipt of the Marketplace Payment by Thumbtack as though the payor User
had made the Marketplace Payment directly to the payee User.
Thumbtack does not offer any professional services directly or indirectly unless
specified in a separate contract to which Thumbtack is a direct party. Any time
a Consumer pays for or books Pro Services on the Platform or receives a quote in
connection with Pro Services, such Consumer is contracting directly with the
Service Professional offering such Pro Service. Notwithstanding any facilitation
of booking or payment, you understand and agree that Thumbtack (i) does not
sell, offer, provide or subcontract any Pro Service and (ii) is not liable in
any way for any Pro Service, except to the extent expressly set forth in the
Thumbtack Guarantee (which guarantee is provided in connection with Thumbtack’s
role as a marketplace only, not in a role of provider of Pro Services).
Notwithstanding Thumbtack’s role as a payment facilitator, each Service
Professional who receives Marketplace Payments understands and agrees that they
are obligated to perform the Pro Service as outlined in their agreement with the
Consumer and work to remedy any material deviations from such contract.
Service Professionals who receive Marketplace Payments from Consumers on
Thumbtack must agree to the Stripe Connected Account Agreement, which includes
the Stripe Services Agreement. Service Professionals should never agree to
receive a Marketplace Payment, or perform services in expectation thereof,
before they have confirmed that they can comply with such Stripe agreements and,
in particular, Service Professionals should note that they will need a social
security number or employer identification number in order to receive
Marketplace Payments. As a Service Professional, by agreeing to these terms or
continuing to operate as a Service Professional on Thumbtack, you agree to be
bound by the Stripe Connected Account Agreement and Stripe Services Agreement,
as those agreements may be modified by Stripe from time to time. As a condition
of receiving payment processing services through Stripe, you agree to provide
Thumbtack with accurate and complete information about you and your business,
and you authorize Thumbtack to share this information and transaction
information related to your use of the payment processing services provided by
Stripe. Service Professionals also agree that Thumbtack may debit their Stripe
account in connection with disputes with Consumers. Thumbtack reserves the right
to process such debits and to withhold final payments until Thumbtack has
investigated disputes. Thumbtack may make a final decision on disputes in their
sole discretion and, as a Service Professional, you understand that all
Marketplace Payments you may earn on the Platform are subject to such decisions.
Additionally, Service Professionals agree that Thumbtack may reverse payments
that have been made to a Service Professional’s Stripe Connected Account when a
customer refund or guarantee payout is warranted, including in connection with
such Service Professional’s actions or inactions that are prohibited by these
Terms.
As a Consumer making a Marketplace Payment through Stripe, you agree to pay all
amounts you owe when due using your preferred payment method. You further
authorize Stripe to charge your preferred payment method for amounts you owe
when they are due, whether they are recurring or one-time payments. You must
keep all payment information you provide us up-to-date, accurate and complete.
When you store a payment method with us, you agree to our Stored Payment Terms
and Conditions. Do not share your payment card, bank account or other financial
information with any other User. We take steps to secure all payment methods and
other personal financial information, but we expressly disclaim any liability to
you, and you agree to hold us harmless for any damages you may suffer as a
result of the disclosure of your personal financial information to any
unintended recipients.
Thumbtack may enable you to make Marketplace Payments using credit, debit, or
prepaid cards, by linking your bank account, or by any other payment method we
support. We reserve the right to cancel your ability to make payments with one
or more of the payment methods you have authorized in our sole and absolute
discretion.
If you choose your bank account as your Marketplace Payment method, you
authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your
bank account, and to make any inquiries we consider necessary to validate any
dispute involving payments you make to us or to a User, which may include
ordering a credit report and performing other credit checks or verifying the
information you provide us against third-party databases. You authorize
Thumbtack or our provider to initiate one or more ACH debit entries
(withdrawals) or the creation of an equivalent bank draft for the specified
amount(s) from your bank account, and you authorize the financial institution
that holds your bank account to deduct such payments. You also authorize the
bank that holds your bank account to deduct any such payments in the amounts and
frequency designated in your Account. Your authorization will remain in effect
until canceled in writing by you. You agree to notify us of any changes to your
account information or termination of your authorization at least five days
prior to your next payment.
If your full payment is not processed by us at the same time, you hereby
authorize partial debits from your bank account, not to exceed the total amount
of your order. You agree to pay any ACH fees or fines you or we incur associated
with transactions you authorize. This return fee will vary based on which state
you are located in. The return fee may be added to your payment amount and
debited from your bank account if we resubmit an ACH debit due to insufficient
funds. We may initiate a collection process or legal action to collect any money
owed to us. You agree to pay all our costs for such action, including any
reasonable attorneys' fees. Federal law limits your liability for any
fraudulent, erroneous, or unauthorized transactions from your bank account based
on how quickly you report it to your financial institution. You must report any
fraudulent, erroneous or unauthorized transactions to your bank no more than 60
days after the disputed transaction appeared on your bank account statement.
Please contact your bank for more information about the policies and procedures
that apply unauthorized transactions and the limits on your liability.
Marketplace Payment Disputes: All requests for Marketplace Payment chargebacks,
errors, claims, refunds and disputes (“Payment Disputes”) will be subject to
review by Thumbtack in accordance with the rules applicable to the payment
method you used to make the Marketplace Payment and will be in Thumbtack’s
absolute discretion. Thumbtack is not liable to you under any circumstances for
Payment Disputes we are unable to resolve in your favor. We will normally
process a valid written Payment Dispute request within 30 days after we receive
it, unless a shorter period is required by law. You may file a Payment Dispute
by emailing it to Thumbtack support at support@thumbtack.com. If you close or
deactivate your Account before we adjudicate your Payment Dispute, we will not
be able to issue you any amounts you are owed. We will attempt to pay you any
Payment Disputed amounts you are owed using the method with which you made the
disputed payment, but we cannot guarantee that we will be able to do so if your
payment method information is inaccurate, incomplete, or has been canceled.
If your actions result in, or are likely to result in, a Payment Dispute, a
violation of these Terms of Use or the creation of other risks to Thumbtack or
our payment processing partners, or if we determine that your Account has been
used to engage in deceptive, fraudulent, or illegal activity, then we may
permanently withhold any amounts owed to you in our sole discretion. If you have
a past due balance due on any Account, or for any additional amounts that we
determine you owe us, we may, without limiting any other rights or remedies: (a)
charge one or more of your payment methods; (b) offset any amounts you owe us
against amounts you may be owed; (c) invoice you for amounts due to us, which
such amounts will be due upon receipt; (d) reverse or block any credits to your
bank account; or (e) collect payment from you by any other lawful means.
If you fail to make Marketplace Payments you owe when due, or if Thumbtack is
unable to charge one of your payment methods for any reason, Thumbtack reserves
all rights permissible under law to recover payment and all costs and expenses
incurred, including reasonable attorneys' fees and related costs, in our pursuit
of payment. You explicitly agree that all communication in relation to
delinquent accounts or overdue payments will be made by electronic mail or by
phone. Such communication may be made by Thumbtack or by anyone on our behalf,
including but not limited to a third-party collections agent.
Thumbtack may, from time to time, place a hold on any of your payment methods in
order to prevent failed payments or in order to reverse your booking.
THUMBTACK PROMOTIONS
You may receive certain offers from Thumbtack (“Promotions”), including but not
limited to discounted or free use of the Platform for a limited period,
discounts on or credits towards payments made for Pro Services, and discounts or
credits in relation to referrals. Any Promotions are offered at Thumbtack’s
discretion, and may be revoked at any time and for any reason. Note that any
attempt (as determined by Thumbtack in its sole discretion) to game, fraud, or
in any way circumvent terms of a promotion is grounds for revocation, including
but not limited to providing false information or utilizing multiple User
accounts.
You are only eligible for any benefits described in the Promotion if (a) you
received a communication directly from Thumbtack offering you that Promotion,
(b) you satisfy all the requirements identified in that communication; and (c)
you maintain an account in good standing with Thumbtack. We may condition
receipt of a benefit described in a Promotion in any manner we see appropriate,
including limiting eligibility to a subset of Users, to specific categories, or
to certain dates. To be eligible for a benefit described in a Promotion, you may
need to take a specific action (including but not limited to signing up for a
service) or make a payment for specific services. Except where otherwise noted,
Promotions are for one-time use only and cannot be stacked (i.e. a User may only
use one Promotion per project).
Any benefits from participating in the Promotion, requirements of accepting the
offer, and any other conditions to receive any benefit described in the
Promotion will be disclosed to you. After a Promotion ends, regardless of
whether you have already satisfied the requirements, you will be ineligible to
receive those benefits. Notwithstanding anything to the contrary, Thumbtack may
revoke a benefit if we believe that you have not satisfied the Promotion
requirements, including maintaining an Account in good standing.
SPONSORED INFORMATION
Thumbtack may publicly display advertisements, paid content, and other sponsored
information. The manner, mode, and extent of such advertising are subject to
change without specific notice to you. Service Professionals may compensate
Thumbtack to highlight themselves in search results and therefore rank higher.
Any such Service Professionals will be clearly designated in applicable search
results. Thumbtack may impose certain quality-related standards for Service
Professionals to qualify as for a search rankings boost, which standards may be
enforced and/or changed at any time.
DISPUTES BETWEEN OR AMONG USERS
Thumbtack values our Service Professionals and Consumers, and we understand that
occasionally disputes may arise between or among them. Our goal is to provide
tools to help Users resolve such disputes independently. In the rare event a
dispute regarding an interaction related to the Platform cannot be resolved
independently, you agree, at Thumbtack's request, to participate in good faith,
to the extent you are reasonably able to do so, in a neutral resolution or
mediation conducted by Thumbtack or a neutral third-party mediator or arbitrator
selected by Thumbtack. Notwithstanding the foregoing, you acknowledge and agree
that Thumbtack is under no obligation to become involved in or impose resolution
in any dispute between or among Users or any third-party.
INTELLECTUAL PROPERTY RIGHTS
Thumbtack Content is protected by copyright, trademark, patent, and other laws
of the United States, foreign countries, and international conventions. Except
as expressly provided in these Terms, Thumbtack and our licensors exclusively
own all right, title, and interest in and to the Platform and Thumbtack Content,
including all associated intellectual property rights. All trademarks, service
marks, logos, trade names and any other proprietary designations of Thumbtack
used herein are trademarks or registered trademarks of Thumbtack. Any other
trademarks, service marks, logos, trade names and any other proprietary
designations are the trademarks or registered trademarks of their respective
owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning
Thumbtack or our services, including our Platform (collectively, “Feedback”) you
represent and warrant (a) that you have the right to disclose the Feedback, (b)
that the Feedback does not violate the rights of any other person or entity, and
(c) that your Feedback does not contain the confidential or proprietary
information of any third-party or -parties. By sending us any Feedback, you
further (i) agree that we are under no obligation of confidentiality, express or
implied, with respect to the Feedback, (ii) acknowledge that we may have
something similar to the Feedback already under consideration or in development,
(iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, prepare derivative works, publish, distribute and
sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived,
against Thumbtack and our Users any claims and assertions of any moral rights
contained in such Feedback. This Feedback section will survive any termination
of your Account or the Platform.
COPYRIGHT POLICY
We expect Users to respect copyright law. In appropriate circumstances, we will
terminate the Account of any User who repeatedly infringes or is believed to be
repeatedly infringing the rights of copyright holders. Please see our Copyright
& DMCA Policy for more information.
NO ENDORSEMENT OR WARRANTY
Thumbtack does not endorse, warrant or make any representation (except those
expressly and unambiguously made by Thumbtack directly on the Platform)
concerning any User, or any Pro Services, and Thumbtack is not a party to any
agreements between or among users, Users, or third-parties. Thumbtack does not
perform Pro Services and disclaims all liability with respect thereto except to
the extent expressly set forth in the Thumbtack Guarantee. No agency,
partnership, joint venture, or employment is created as a result of the Terms or
any user's or User's use of any part of the Platform, including but not limited
to any scheduling or other services. Neither Thumbtack nor any Users or users of
the Platform may direct or control the day-to-day activities of the other, or
create or assume any obligation on behalf of the other. Users are required by
these Terms to provide accurate information, and although Thumbtack may
undertake additional checks and processes designed to help verify or check the
identities or backgrounds of Users, we do not make any representations about,
confirm, or endorse any User or their purported identity or background,
regardless of the specific Thumbtack services they are using or any involvement
by Thumbtack personnel in providing or scheduling those services.
Thumbtack may provide tips, lists, suggestions or similar content (collectively,
“Home Care Tips”) concerning popular home maintenance or improvement projects.
Following Home Care Tips may help mitigate common home maintenance and safety
issues, but Home Care Tips are not comprehensive, nor are they tailored to any
User’s specific home. Any advice given in connection with Home Care Tips is
provided based on generalized, public knowledge concerning home maintenance and
safety and is not provided by experts. Home Care Tips should be considered only
in conjunction with the advice of licensed experts and should never be construed
as comprehensive. Thumbtack disclaims any warranties or representations with
respect to Home Care Tips.
Any reference on the Platform or in any marketing to a User being licensed or
credentialed in some manner, or "badged," “vetted”, “top rated”, "best of,"
"top," "background checked" (or similar language) designations indicates only
that the User has completed a relevant account process or met certain review
standards, and does not represent anything else. Thumbtack does not background
every Service Professional that may provide Pro Services. Any such description
is not an endorsement, certification or guarantee by Thumbtack and is not
verification of a Service Professional’s identity and whether they or their Pro
Services are licensed, insured, trustworthy, safe or suitable. Instead, any such
description is intended to be useful information for you to evaluate when you
make your own decisions about the identity and suitability of others whom you
contact or interact with via the Platform. You should always exercise due
diligence and care when deciding whether to have any interaction with any other
User. Thumbtack offers a non-exhaustive list of safety tips to consider when
hiring a Service Professional. Except as specifically described in the Thumbtack
Guarantee and including its exclusions and limitations, Thumbtack has no
responsibility for any damage or harm resulting from your interactions with
other Users.
The Collective Content may contain links to third-party websites, media, offers,
or other events/activities not owned or controlled by Thumbtack. We do not
endorse or assume any responsibility for any such links, and if you access them,
you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other Users or
other third-parties will be limited to a claim against those particular Users or
other third-parties. You agree not to attempt to impose liability on or seek any
legal remedy from Thumbtack with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights, Thumbtack may, in our sole discretion, take
any action permitted by law for any violation of these Terms or any other policy
or agreement between you and Thumbtack, including but not limited to removing
User Content you posted, limiting your Account access, requiring you to forfeit
certain funds (including by way of setoff of amounts processed or held by
Thumbtack in connection with your use of the Platform), assessing monetary
penalties or costs, terminating your Account, notifying other Users of the
termination of your Account and/or the violation of these Terms, decreasing your
status or search rank, canceling quotes or postings, blocking access,
investigating you, and/or cooperating with law enforcement agencies in
investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice
and at any time, limit, block, suspend, deactivate or cancel your Thumbtack
Account in whole or in part. If we exercise our discretion under these Terms to
do so, any or all of the following can occur with or without prior notice or
explanation to you: (a) your Account will be deactivated or suspended, your
password will be disabled, and you will not be able to access the Platform or
your User Content, or receive assistance from Thumbtack support teams; (b) if
appropriate in our sole discretion, we may communicate to other Users that your
Account has been terminated, blocked, suspended, deactivated, canceled, or
otherwise penalized in any way, and why this action has been taken; and (c) you
will not be entitled to any compensation for Platform services or Pro Services
canceled or delayed as a result of Account termination. You may cancel your use
of the Platform and/or terminate your Account at any time by following the
"Settings" link in your profile, clicking "Account," and clicking "Deactivate
Account." Please note that if your Account is canceled, we do not have an
obligation to delete or return to you any Content you have posted to the
Platform, including, but not limited to, any reviews. Please see our Privacy
Policy, incorporated herein by reference, for information regarding data
deletion requests following Account termination.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN COURT.
You and Thumbtack agree that these Terms affect interstate commerce and that the
Federal Arbitration Act governs the interpretation and enforcement of these
arbitration provisions.
you and Thumbtack, including but not limited to claims arising out of or
relating to any aspect of the relationship between you and Thumbtack, whether
based in contract, tort, statute, fraud, misrepresentation or any other legal
theory; claims that arose before this Agreement or any prior agreement
(including, but not limited to, claims related to advertising); and claims that
may arise after the termination of this Agreement. The only disputes excluded
from this broad prohibition are the litigation of certain intellectual property
and small court claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with
Thumbtack as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to
litigation. You can reach Thumbtack's support department at
support@thumbtack.com. Except for intellectual property and small claims court
claims, the parties agree to use their best efforts to settle any dispute,
claim, question, or disagreement directly through consultation with the
Thumbtack support department, and good faith negotiations will be a condition to
either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within
a period of thirty (30) days from the time informal dispute resolution is
initiated under the Initial Dispute Resolution provision above, then either
party may initiate binding arbitration as the sole means to resolve claims,
subject to the terms set forth below. Specifically, all claims arising out of or
relating to these Terms or previous versions of these Terms (including the
Terms' or Privacy Policy's formation, performance, and breach), the parties'
relationship with each other, and/or your use of the Platform will be finally
settled by binding arbitration, as described below.
Where the relief sought by you is $10,000.99 or less and you do not wish to
bring the claim in small claims court, the arbitration will be conducted online
by an online arbitration provider of our choosing in accordance with their
applicable arbitration rules & procedures effective at the time a claim is made.
Currently, you may initiate arbitration proceedings on the FairClaims website.
You are responsible for your own attorneys' fees unless the arbitration rules
and/or applicable law provide otherwise.
Where the relief sought is $10,001.00 or more, resolution will be in accordance
with the JAMS Streamlined Arbitration Procedure Rules for claims that do not
exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures
for claims exceeding $250,000.00 in effect at the time the arbitration is
initiated, excluding any rules or procedures governing or permitting class
actions. To initiate an arbitration with JAMS, you must do the following: (a)
write a Demand for Arbitration that includes a description of the claim and the
amount of damages you seek to recover (you may find a copy of a Demand for
Arbitration at www.jamsadr.com); (b) send three copies of the Demand for
Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center,
Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand
for Arbitration to Thumbtack at 415 Natoma Street, Suite 1300, San Francisco,
California 94103, ATTN: Legal. You will be required to pay $250 to initiate an
arbitration against us. If the arbitrator finds the arbitration to be
non-frivolous, Thumbtack will pay all other fees invoiced by JAMS, including
filing fees and arbitrator and hearing expenses. You are responsible for your
own attorneys' fees unless the arbitration rules and/or applicable law provide
otherwise.
The arbitrator, and not any federal, state, or local court or agency, will have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these Terms or
the Privacy Policy, including but not limited to any claim that all or any part
of these Terms or Privacy Policy is void or voidable, whether a claim is subject
to arbitration, or the question of waiver by litigation conduct. The arbitrator
will be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award will be written and will be binding on
the parties and may be entered as a judgment in any court of competent
jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they
would have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could exceed the
costs of litigation and the right to discovery may be more limited in
arbitration than in court.
If you are a resident of the United States, arbitration may take place in the
county where you reside at the time of filing. For individuals residing outside
the United States, arbitration will be initiated in the state of California,
United States. You and Thumbtack further agree to submit to the personal
jurisdiction of any federal or state court in San Francisco County, California
in order to compel arbitration, to stay proceedings pending arbitration, or to
confirm, modify, vacate, or enter judgment on the award entered by the
arbitrator.
Class Action Waiver The parties further agree that the arbitration will be
conducted in their individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to file a
class action or seek relief on a class basis. YOU AND THUMBTACK AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. If any court or arbitrator determines that the class action waiver
set forth in this paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration provisions set
forth above will be deemed null and void in their entirety and the parties will
be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties' decision to resolve all disputes through
arbitration, either party may bring enforcement actions, validity determinations
or claims arising from or relating to theft, piracy or unauthorized use of
intellectual property in state or federal court or in the U.S. Patent and
Trademark Office to protect your or our intellectual property rights
("intellectual property rights" means patents, copyrights, moral rights,
trademarks, trade dress, and trade secrets, but not privacy or publicity
rights). Either party may also seek relief in a small claims court for disputes
or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the
arbitration and class action waiver provisions set forth above by sending (from
the email address you use on Thumbtack) written notice of your decision to opt
out to opt-out@thumbtack.com with the subject line, "ARBITRATION AND CLASS
ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the
later of the Effective Date of these Terms or your first use of the Platform;
otherwise, you will be bound to arbitrate disputes in accordance with the terms
of those paragraphs. If you opt out of these arbitration provisions, Thumbtack
also will not be bound by them.
Changes to This Section: Thumbtack will provide thirty (30) days' notice of any
changes affecting the substance of this Arbitration and Class Action Waiver
section by posting on the Thumbtack Terms of Use website, sending you a message,
or otherwise notifying you when you are logged into your account. Amendments
will become effective thirty (30) days after they are posted on the Thumbtack
Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims
arising after the 30th day. If a court or arbitrator decides that this
subsection on "Changes to This Section" is not enforceable or valid, then this
subsection will be severed from the section entitled “Arbitration and Class
Action Waiver,” and the court or arbitrator will apply the first Arbitration and
Class Action Waiver section in existence after you began using the Platform.
Survival: This Arbitration and Class Action Waiver section will survive any
termination of your Account or the Platform.
Third-Party Beneficiary: You and Thumbtack acknowledge that any third-party
consumer reporting agency that Thumbtack uses to perform background checks on
Service Professionals is an express and intended third-party beneficiary of this
arbitration provision and as such, the terms of this Arbitration provision will
inure to the benefit of the consumer reporting agencies and may be enforced by
them. Accordingly, you agree that any dispute that arises between you and a
consumer reporting agency that relates to or arises out of this Agreement or any
aspect of your relationship with Thumbtack will be resolved by binding
arbitration. If any court or arbitrator determines that this third-party
beneficiary subsection is void or unenforceable for any reason, then this
subsection will be severed from the section entitled “Arbitration and Class
Action Waiver,” and the remainder of the section will remain enforceable,
meaning that the class action waiver and the mutual obligation to resolve
disputes between you and Thumbtack through binding arbitration remains
enforceable.
GOVERNING LAW
The Terms and the relationship between you and Thumbtack will be governed in all
respects by the laws of the state of California, without regard to its conflict
of law provisions. You agree that any claim or dispute you may have against
Thumbtack that is not subject to arbitration must be resolved by a court located
in San Francisco County, California, or a United States District Court, Northern
District of California, located in San Francisco, California, except as
otherwise agreed by the parties. You agree to submit to the personal
jurisdiction of the courts located within San Francisco County, California or
the United States District Court, Northern District of California located in San
Francisco, California, for the purpose of litigating all such claims or disputes
that are not subject to arbitration. You hereby waive any and all jurisdictional
and venue defenses otherwise available.
DISCLAIMERS
YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR
OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THUMBTACK DOES NOT HAVE AN OBLIGATION,
BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR
(B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND
(INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER,
INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS. THE PLATFORM
IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
WITHOUT LIMITING THE FOREGOING, THUMBTACK AND OUR AFFILIATES AND SUBSIDIARIES,
AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF
OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH
THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY
WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS
OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING
WITHOUT LIMITATION ALL COLLECTIVE CONTENT. THUMBTACK MAKES NO WARRANTY THAT THE
PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN
UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THUMBTACK ASSUMES NO RESPONSIBILITY,
AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THUMBTACK WILL NOT
BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY,
OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA,
INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR
MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED FROM THUMBTACK OR THROUGH THE PLATFORM, WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT
NOT LIMITED TO ANY CONSUMERS, SERVICE PROFESSIONALS OR SERVICE RECIPIENTS. YOU
UNDERSTAND THAT THUMBTACK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. THUMBTACK MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR
THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE
TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO
MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. THUMBTACK EXPLICITLY
DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.
THUMBTACK MAY PROVIDE TO SERVICE PROFESSIONALS PHONE NUMBERS THAT CONSUMERS
PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND
THUMBTACK MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE
CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO
SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF
THUMBTACK OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER THUMBTACK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THUMBTACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE
PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR
INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR
RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THUMBTACK AND OUR AFFILIATES
AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS,
ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE
CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE
CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER
USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THUMBTACK BY YOU
HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS
APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE
FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW
LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO
RESIDENTS OF THOSE JURISDICTIONS.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Thumbtack and our affiliates
and subsidiaries, and respective officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation reasonable legal and accounting fees,
arising out of or in any way connected with (a) your violation of these Terms;
(b) your User Content; (c) your interaction with any User; and (d) the request
or receipt or offer or provision of Pro Services by you, including but not
limited to any injuries, losses, or damages (compensatory, direct, incidental,
consequential or otherwise) of any kind arising in connection with such Pro
Services.
Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction
where the foregoing is prohibited, you only agree to release, defend, indemnify,
and hold Thumbtack and our affiliates and subsidiaries, and respective officers,
directors, employees and agents, harmless from and against any third-party
claims, liabilities, damages, losses, and expenses, including without limitation
reasonable legal and accounting fees, arising out of or in any way connected
with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542,
which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release and
that, if known by him or her, would have materially affected his or her
settlement with the debtor or released party.
If you are not a California resident, you waive your rights under any statute or
common law principle similar to Section 1542 that governs your rights in the
jurisdiction of your residence.
GENERAL
Force Majeure: Other than payment obligations, neither Thumbtack nor you will be
liable to the other for any delay or failure in performance under the Terms
arising out of a cause beyond your or our control and without your or our fault
or negligence. Such causes may include but are not limited to fires, floods,
earthquakes, strikes, unavailability of necessary utilities, blackouts,
epidemics, acts of declared or undeclared war, acts of regulatory agencies, or
other disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly
provided in these Terms, there will be no third-party beneficiaries to these
Terms.
Contacting You and E-SIGN Consent: You agree that Thumbtack may provide you with
notices, including those regarding changes to the Terms, by email, regular mail,
or postings on the Platform. With your consent, Thumbtack, Consumers, Service
Professionals, or other individuals may also contact you by telephone or through
text messages. If you have agreed to receive text messages or telephone calls
from Thumbtack, Consumers, Service Professionals, or other individuals you also
consent to the use of an electronic record to document your agreement. You may
withdraw your consent to the use of the electronic record by sending an email to
support@thumbtack.com with "Revoke Electronic Consent" in the subject line. To
view and retain a copy of this disclosure or any information regarding your
enrollment in this program, you will need (a) a device (such as a computer or
mobile phone) with a web browser and Internet access; and (b) either a printer
or storage space on such device. For a free paper copy, or to update our records
of your contact information, send an email to support@thumbtack.com with contact
information and the address for delivery.
Entire Agreement: These Terms, together with the Privacy Policy and any other
legal notices or additional terms and conditions or policies published by
Thumbtack on the Platform, will constitute the entire agreement between you and
Thumbtack concerning the Platform or Pro Services obtained through the Platform.
Except as explicitly stated herein, if any provision of the Terms is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
will not affect the validity of the remaining provisions of the Terms, which
will remain in full force and effect.
Waiver: No waiver of any provision of these Terms will be deemed a further or
continuing waiver of such term or any other term, and Thumbtack's failure to
assert any right or provision under these Terms will not constitute a waiver of
such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the
contrary, any claim arising out of or related to the Platform or the Pro
Services offered therein must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
Notwithstanding the foregoing, this statute of limitations will not apply to
residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only
and have no legal or contractual effect.
Contact Information: If you have any questions about these Terms or the
Platform, please contact us by sending an email to support@thumbtack.com.
TERMS OF USE (CURRENTLY EFFECTIVE)
Last Updated: September 16, 2020
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND
CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION
AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND
CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and
participation in the Platform made available by Thumbtack, Inc. ("Thumbtack,"
"we," "our," or "us") or through Thumbtack and the entirety of your relationship
with Thumbtack. AS DETAILED IN THE ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS,
WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW, IF YOU ARE A SERVICE MEMBER,
YOU UNDERSTAND AND AUTHORIZE THUMBTACK TO USE YOUR INFORMATION TO OBTAIN
BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM ITS VENDORS THROUGHOUT THE USE
OF THE SERVICE.
PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE
TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT
ACCESS OR USE THE PLATFORM.
All references to "you" or "your," as applicable, mean the person who accesses,
uses, and/or participates in the Platform in any manner, and each of your heirs,
assigns, and successors. If you use the Platform on behalf of an entity, you
represent and warrant that you have the authority to bind that entity, your
acceptance of the Terms will be deemed an acceptance by that entity, and "you"
and "your" herein shall refer to that entity, its directors, officers,
employees, and agents.
MODIFICATIONS
Thumbtack reserves the right, in its sole discretion, to modify these Terms, and
any other documents incorporated by reference herein, at any time and without
prior notice. Thumbtack will notify you of changes by posting on the Thumbtack
Terms of Use website, sending you a message, and/or otherwise notifying you when
you are logged into your account. Modifications will become effective thirty
(30) days after the earliest of: (a) modifications being posted on the Platform;
(b) Thumbtack’s transmission of a message to you about the modifications; or (c)
you are otherwise notified when you are logged into your account. Your use of
the Platform after the expiration of the thirty (30) days shall constitute your
consent to the changes. If you do not agree, you may not access or use the
Platform.
ADDITIONAL TERMS AND POLICIES
Please review Thumbtack's Privacy Policy, incorporated herein by reference, for
information and notices concerning Thumbtack's collection and use of your
information. The provision and delivery of text messages by Thumbtack or our
text message service providers is governed by our SMS Terms and Conditions,
which are expressly incorporated herein. The Thumbtack Guarantee is governed by
the Thumbtack Guarantee Terms and Conditions, which are expressly incorporated
herein. Please review the full set of key Thumbtack policies that govern your
use of the Platform and our interactions with you and third parties. Certain
areas of and/or products on the Platform may have different terms and conditions
posted or may require you to agree with and accept additional terms and
conditions or policies. If there is a conflict between these Terms and the terms
and conditions or policies posted for a specific area or product, the latter
take precedence with respect to your use of that area or product.
KEY TERMS
"Collective Content" means User Content and Thumbtack Content together.
"Content" means text, graphics, images, music, software, audio, video,
information or other materials, including but not limited to profile
information, Pro Services requests, quotes, message threads, reviews, scheduling
and calendar information, and other information or materials available on or
through the Platform.
"Customer Member" means a Member who is registered to receive quotes for Pro
Services, requests quotes for Pro Services, or otherwise uses the Platform to
receive, pay for, review, or facilitate the receipt of Pro Services.
"Member" means a person or entity who completes Thumbtack's account registration
process or a person or entity who submits or receives a request through
Thumbtack, including but not limited to Service Members and Customer Members.
"Platform" means all Thumbtack websites, mobile or other applications, software,
processes and any other services provided by or through Thumbtack.
"Pro Services" means the services listed, quoted, scheduled, offered or provided
by Service Members, or sought, scheduled or received by Customer Members,
through the Platform.
"Service Member" means a Member who is registered to send quotes for Pro
Services, sends quotes for Pro Services, or otherwise uses the Platform to
offer, provide, receive payment for, or facilitate the provision of Pro
Services.
"Thumbtack Content" means all Content Thumbtack makes available on or through
the Platform, including any Content licensed from a third party, but excluding
User Content.
"User Content" means all Content submitted, posted, uploaded, published, or
transmitted on or through the Platform by any Member or other user of the
Platform, including but not limited to photographs, profile information,
descriptions, postings, reviews, requests, messages, and payments made through
the Platform, but excluding Thumbtack Content and Feedback.
ELIGIBILITY, SERVICE MEMBER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
Access to and use of the Platform is available only to individuals who are at
least 18 years old and can form legally binding contracts under applicable law.
By accessing or using the Platform, you represent and warrant that you are
eligible.
By registering or using the Platform to offer, post, or provide Pro Services,
Service Members represent and warrant that they, and the employees, agents,
contractors, and subcontractors who may perform work for them, are properly and
fully qualified and experienced, and licensed, certified, bonded, and insured,
as required by applicable laws or regulations to which they may be subject in
the jurisdiction(s) in which they offer their Pro Services and in relation to
the specific job they are performing. Service Members otherwise agree to comply
with all applicable laws, including the California Consumer Privacy Act, in
their use of the Platform and any personal information obtained from the
Platform.
Thumbtack is not in the business of providing Pro Services. Service Members
understand and agree that by creating and maintaining an account on the
Platform, they receive only the ability to use the Thumbtack Platform to access
persons interested in receiving Pro Services and related tools, including but
not limited to the ability to message those persons or schedule appointments,
that facilitate the provision of Pro Services. For example, Customer Members may
use the Platform to intentionally interact with Service Members regarding Pro
Services. Service Members understand and agree that using the Platform does not
guarantee that anyone will engage them for Pro Services.
Service Members understand and agree that they are customers of Thumbtack, and
are not Thumbtack employees, joint venturers, partners, or agents. Service
Members acknowledge that they set or confirm their own prices, provide their own
equipment, and determine their own work schedule. Thumbtack does not control,
and has no right to control, the services a Service Member provides (including
how the Service Member provides such services) if the Service Member is engaged
by a Customer Member or any other person, except as specifically noted herein.
Thumbtack, as permitted by applicable laws, obtains reports regarding Service
Members, which may include history of criminal convictions or sex offender
registration, and we may limit, block, suspend, deactivate, or cancel a Service
Member’s account based on the results of such a check. As a Service Member, you
agree and authorize us to use your personal information, such as your full name
and date of birth, to obtain such reports from Thumbtack’s vendors.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and
participate in certain features of the Platform, you will need to create a
password-protected account ("Account"). You may register for an Account using
certain third-party account and log-in credentials (your "Third-Party Site
Password"), such as your Facebook or Google credentials. You agree to provide
accurate, current, and complete information during the registration or request
submission process and at all other times when you use the Platform, and to
update information to keep it accurate, current, and complete. You are solely
responsible for safeguarding your Thumbtack password and, if applicable, your
Third-Party Site Password. You are solely responsible for all activity that
occurs on your Account, and you will notify Thumbtack immediately of any
unauthorized use. Thumbtack is not liable for any losses by any party caused by
an unauthorized use of your Account. Notwithstanding the foregoing, you may be
liable for the losses of Thumbtack or others due to such unauthorized use. Your
account is nontransferable except with Thumbtack’s written permission and in
line with Thumbtack policies and procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Thumbtack grants you a limited,
non-exclusive, revocable, nontransferable, and non-sublicensable license to
reproduce and display Collective Content (excluding any software source code)
solely for your personal and non-commercial use and only in connection with your
access to and participation in the Platform. You will not use, copy, adapt,
modify, prepare derivative works based upon, distribute, license, sell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Platform or Collective Content, except as expressly
permitted in these Terms. The Platform and Collective Content are provided to
you AS IS. If you download or print a copy of Collective Content for personal
use, you must retain all copyright and other proprietary notices contained
thereon. No licenses or rights are granted to you by implication or otherwise
under any intellectual property rights owned or controlled by Thumbtack or its
licensors, except for the licenses and rights expressly granted in these Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or
transmit User Content. By making available any User Content on or through the
Platform, you hereby grant to Thumbtack a worldwide, irrevocable, perpetual,
non-exclusive, transferable, royalty-free license, with the right to sublicense,
to use, copy, adapt, modify, distribute, license, sell, transfer, publicly
display, publicly perform, transmit, stream, broadcast, access, view, and
otherwise exploit such User Content on, through, by means of or to promote,
market or advertise the Platform or Pro Services, or for any other purpose in
our sole discretion, except that the contents of private messaging through the
Platform will not be used by Thumbtack in public advertising. In the interest of
clarity, the license granted to Thumbtack shall survive termination of the
Platform or your Account. Thumbtack does not claim ownership rights in your User
Content and nothing in these Terms will be deemed to restrict rights that you
may have to use and exploit any such User Content submitted, posted, uploaded,
published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content
that you make available on or through the Platform. Accordingly, you represent
and warrant that: (a) you either are the sole and exclusive owner of all User
Content that you make available on or through the Platform or you have all
rights, licenses, consents and releases that are necessary to grant to Thumbtack
the rights in such User Content, as contemplated under these Terms; and (b)
neither the User Content nor your posting, uploading, publication, submission or
transmittal of the User Content or Thumbtack's use of your User Content (or any
portion thereof) on, through or by means of the Platform will infringe,
misappropriate or violate a third party's patent, copyright, trademark, trade
secret, moral rights or other proprietary or intellectual property rights, or
rights of publicity or privacy, or result in the violation of any applicable law
or regulation. While it has no obligation to do so, you agree that Thumbtack may
proofread, summarize or otherwise edit and/or withdraw your User Content, and
you understand it remains your sole responsibility to monitor your User Content
and ensure that such edited Content is accurate and consistent with your
representations and warranties in these Terms.
Thumbtack reserves the right, at any time and without prior notice, to remove or
disable access to User Content that we, in our sole discretion, consider to be
objectionable for any reason, in violation of these Terms or otherwise harmful
to the Platform or users, or for any other reason.
PROHIBITIONS
As a user of the Platform, you may not:
* Use another person's Account, misrepresent yourself or Pro Services offered
through the Platform, misrepresent your identity or qualifications,
misrepresent a project or other information in a quote request, or post
Content in any inappropriate category or areas on the Platform;
* Use any automated system including but not limited to robots, spiders,
offline readers, or scrapers to access the Platform for any purpose without
Thumbtack's prior written approval; provided, however, that the operators of
public search engines may use spiders or robots to copy materials from the
Platform for the sole purpose of creating publicly available searchable
indices of the materials, but not caches or archives of such material
(Thumbtack reserves the right to revoke these exceptions either generally or
in specific cases);
* In any manual or automated manner copy copyrighted text, or otherwise misuse
or misappropriate Platform information or Content including but not limited
to, for use on a mirrored, competitive, or third-party site;
* Transmit more request messages through the Platform in a given period of time
than a human can reasonably produce in the same period by using a
conventional online web browser;
* Take any action that (a) may unreasonably encumber the Platform's
infrastructure; (b) interferes or attempts to interfere with the proper
working of the Platform or any third-party participation; (c) bypasses
measures that are used to prevent or restrict access to the Platform; (d)
circumvents, disables or otherwise interferes with security features of the
Platform; (e) distributes viruses or any other technologies that may harm
Thumbtack or users; (f) uses the Platform in a way that violates any
copyrights, trade secrets, or other rights of any third party, including
privacy or publicity rights; or (g) circumvents or manipulates Fee (defined
herein) structure, billing, or Fees owed;
* As a Service Member, use the Platform in any manner that circumvents your
obligation to pay Thumbtack for access to services provided by the Platform;
* As a Service Member, notwithstanding anything to the contrary contained in
these Terms, “sell” any personally identifiable data (as that term is defined
by the California Consumer Privacy Act), including but not limited to
information related to Customer Members;
* Collect, harvest, or publish any personally identifiable data including but
not limited to names or other account information, from the Platform, or use
the communication systems provided by the Platform for any reason not
explicitly authorized by these Terms, including commercial solicitation
purposes;
* Recruit, solicit, or contact in any form Service Members or Customer Members
for employment or any other use not specifically intended by the Platform;
* Take any inappropriate or unlawful actions, including the submission of
inappropriate or unlawful Content to or through the Platform, including
Content that is harassing, hateful, illegal, profane, obscene, defamatory,
threatening, or discriminatory, or that advocates, promotes, or encourages
inappropriate activity, conduct that would be considered a criminal offense,
or conduct that would give rise to civil liability or violate any law;
* Violate any key Thumbtack policies that govern your use of the Platform and
our interactions with you and third parties;
* Advertise or solicit a Pro Service not related to or appropriate for the
Platform including, but not limited to any Pro Service that (a) is not in
supported categories or provides only products; (b) provides directories or
referrals; (c) offers lending; (d) offers rental space; (e) promotes events
(such as a party or professional convention); (f) competes with the business
of Thumbtack; (g) is based outside the United States; (h) promotes or offers
Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate
marketing or unsolicited commercial content, discount cards, credit
counseling, online surveys or contests, raffles, prizes, bonuses, games of
chance or giveaways; or (i) offers a Pro Service not reasonably available to
a Customer Member or other individual in that Customer Member or individual’s
location;
* Submit User Content that damages the experience of any user including but not
limited to (a) requests to download non-Thumbtack mobile applications and/or
links that direct the user to mirrored websites where the user must enter
information that is redundant with what has already been entered on
Thumbtack, (b) offers to purchase a Pro Service or any other service outside
of Thumbtack, or (c) using a profile page or user name to promote services
not offered on or through the Platform;
* Take any action that may undermine the efficacy or accuracy of reviews or
ratings systems;
* Fail to perform Pro Services purchased from you as promised, unless the
Customer Member or other individual fails to materially meet the terms of the
mutually agreed-upon agreement for the Pro Services or refuses to pay, or a
clear typographical error is made, or you cannot authenticate the Customer
Members or other individual’s identity;
* Engage in fraudulent conduct including but not limited to offering to make
money transfers with intent to request a refund of any portion of the payment
or soliciting users to mail cash or use other payment methods prohibited by
Thumbtack;
* Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service
with no intention of following through with your use of or payment for the
Pro Service;
* Agree to purchase a Pro Service when you do not meet a Service Member's
requirements;
* Undertake any activity or engage in any conduct that is inconsistent with the
business or purpose of the Platform; and
* Attempt to indirectly undertake any of the foregoing.
THUMBTACK BUDGET, FEES, AND TAXES
In connection with the use of Thumbtack's Platform, Thumbtack charges certain
fees ("Thumbtack Fees" or "Fees").
Service Members can pay Fees to Thumbtack in order to receive certain services
on the Platform, including but not limited to being matched with and receiving
contacts from Customer Members or other individuals. As a Service Member,
Thumbtack will automatically charge your stored payment method when those
Customer Members or other individuals contact you. Fees for additional products
or services, including ongoing products or services, will be presented to you
before you use such products or services. In order to use Thumbtack, you must
have at least one valid payment method stored on file. As described more fully
below, you may also be required to set a weekly spending limit or Budget (as
defined below) for at least one service category (which may also apply to
contacts in jobs related to your preferences). Except as otherwise described
herein, all sales on Thumbtack are final and non-refundable.
Budget for Service Members. As a Service Member, Thumbtack may require you to
set one or more weekly spending limits (“Budgets”) for how much you are willing
to spend on certain Fees over a specific period (“Budget Period”). The types of
leads or other Fees that count against your Budget will be disclosed to you at
the time you set your Budget. You understand that Thumbtack may charge your
stored payment method in excess of your Budgets if such charges relate to Fees
not covered by your budget, or if you otherwise give Thumbtack permission to do
so. You will not be charged the Budget amount upfront or automatically - your
Budget is not a subscription. Rather, you will be charged Fees (as further
described below) and the types of Fees covered by a Budget will not exceed such
Budget without your permission. While Thumbtack may provide an estimate for the
number of customers who may contact you if you set a particular Budget for a
particular Budget Period, you acknowledge and agree that any such estimate is
not a guarantee, that Thumbtack does not and cannot control any Customer Member
or other individual’s interest in contacting or hiring you, and that actual
results will vary.
We will identify the length of the Budget Period when you set your Budget. The
length of the Budget Period will not change within a given Budget Period but may
be changed for subsequent Budget Periods. If a Budget Period length changes, you
can adjust your Budget. If you do not do so, Thumbtack will automatically
pro-rate your then-current Budget to the length of the new period. For example,
if you indicate you are willing to spend $100 for a one-week Budget Period, the
Budget Period shifts to two weeks, and you do not make changes manually, your
Budget will automatically be adjusted to $200 for the two-week Budget Period.
Similarly, if Thumbtack merges two or more categories of services for which you
have set a Budget or changes your Budget structure to apply across all
categories you offer services in, your Budget for the newly combined category or
aggregated Budget, respectively, will be the sum of the Budgets for the two or
more categories prior to the merger. You will be able to adjust how much you are
willing to spend in the newly combined Budget for future Budget Periods. If
Thumbtack reverts any such combination, your original Budgets will be restored
using your then current aggregate Budget and your pro rata distribution among
categories existing immediately prior to such combination.
You can change your Budget for a Budget Period at any time, including in the
middle of a Budget Period. If you adjust your Budget upward, the new Budget will
take effect immediately. If you adjust your Budget downward, the new Budget will
only take effect at the beginning of the next Budget Period. If you do not
change your Budget in advance of a subsequent Budget Period, your Budget from
the then-current Budget Period will automatically be used for that subsequent
Budget Period, subject to the foregoing.
Timing of Charges for Service Members on Thumbtack. As a Service Member using
Thumbtack, there are different points at which your payment method may be
charged:
If You Lack Sufficient Purchasing History on Thumbtack
If you are new to Thumbtack or do not have a sufficient purchasing history on
the Platform as determined in Thumbtack’s sole and absolute discretion, your
payment method may be charged each time you are contacted by a Customer Member
or other individual and you do not have an adequate Thumbtack balance to cover
the cost of that contact.
If You Have a Sufficient Purchasing History On Thumbtack
Once Thumbtack determines, in its sole and absolute discretion, that you have
sufficient purchasing history on Thumbtack, Thumbtack may charge your payment
method periodically for the total Fees accrued when Customer Members or other
individuals contact you. Specifically, Thumbtack may charge your payment method
each time (a) a specific time period has passed; and/or (b) within that time
period, each time the total Fees accrued hit a certain dollar threshold. The
frequency of charges may not match the Budget Period described above.
Thumbtack may adjust both the specific time period and the dollar threshold that
trigger charges in its sole and absolute discretion. Thumbtack may also, in its
sole and absolute discretion, revert to charging your payment method each time
you are contacted by a Customer Member or other individual and you do not have
an adequate Thumbtack balance to cover the cost of that contact.
Default Payment Method. For ordinary charges of Service Members, Thumbtack will
first attempt to charge the default payment method. In the event that Thumbtack
is unable to charge that payment method for any reason--including but not
limited to exceeding a payment method’s credit limit, payment method
cancellation, a payment method being out of date, or payment method details
being incorrect--you agree that Thumbtack may charge any other payment method
associated with your account. If your payment details change, your card provider
may provide us with updated card details. We may use these new details in order
to help prevent any interruption to the Pro Services. If Thumbtack is unable to
charge the default payment method, Thumbtack will attempt to charge any other
payment methods associated with your Account in the order in which they were
most recently provided, used, or updated on the Platform, charging the most
recently provided, used, or updated valid payment method first.
Penalty Fees for All Members. Thumbtack may also charge penalty Fees for fraud,
misconduct or other violations of these Terms, as determined in our sole
discretion. Information about current penalty Fees is available in the help
center.
You agree to pay all applicable Fees or charges based on the Fee and billing
terms then in effect, regardless of whether you have an active Account. Charges
shall be made to the payment method designated at the time you accrue a Fee. If
you do not pay on time or if Thumbtack cannot charge a payment method for any
reason, Thumbtack reserves all rights permissible under law to recover payment
and all costs and expenses incurred, including reasonable attorneys' fees, in
our pursuit of payment. If any Fee is not paid in a timely manner, or we are
unable to process your transaction using the payment method provided, we reserve
the right to terminate or suspend your Account.
You explicitly agree that all communication in relation to delinquent accounts
or Fees due will be made by electronic mail or by phone. You agree that all
notices, disclosures, and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing. You agree that you have the ability to store such electronic
communications such that they remain accessible to you in an unchanged form. You
agree to keep your contact information, including, but not limited to, email
address and phone number current. Such communication may be made by Thumbtack or
by anyone on its behalf, including but not limited to a third-party collection
agent. If you cancel your Account at any time, you will not receive any refund.
If you have a balance due on any Account, you agree that Thumbtack may charge
such unpaid Fees to any payment method or otherwise bill you for such unpaid
Fees.
Taxes. Payments required by these Terms may be stated exclusive of all taxes,
duties, levies, imposts, fines or similar governmental assessments, including
sales and use taxes, value-added taxes, goods and services taxes, excise,
business, service, and similar transactional taxes imposed by any jurisdiction
and the interest and penalties thereon (collectively, “Taxes”). Certain
jurisdictions, however, may require us to collect Taxes from you in connection
with the purchase of, payment for, access to, or use of the Pro Services, and
you shall be responsible for and bear Taxes associated with the purchase of,
payment for, access to, or use of the Pro Services. Charges are inclusive of
applicable Taxes where required by law. You hereby confirm that Thumbtack can
determine your appropriate jurisdiction for tax purposes however it deems
appropriate or as required by law, and you agree to pay taxes to Thumbtack when
Thumbtack includes a charge for taxes on any invoice. You also understand and
agree that you are solely responsible for determining your own tax reporting and
sales and use tax collection requirements in consultation with your own tax
advisers, and that we cannot and do not offer specific tax advice to either
Service Members or Customer Members.
TRACKING COMMUNICATIONS
In order to ensure appropriate charging of Fees and to enforce these Terms,
Thumbtack may track the occurrence of communications between Customer Members
and Service Members that occur off of the Platform via email, phone call, SMS
text message, third-party websites, or any other means, whether initiated by a
Customer Member or Service Member. In order to track the occurrence of such
communications, Thumbtack may obscure Service Member contact information in a
Service Member profile, replace Service Member contact information in a Service
Member profile with a different piece of contact information that will forward
to the Service Member, or take any other step reasonably calculated to track the
occurrence of such communications. Except as explicitly stated herein, we will
not record or review the content of any communications that do not come into
contact with the Thumbtack Platform unless we first obtain your permission.
If you send text messages with a Customer Member or Service Member using the
telephone number for that Member available on the Platform, we may use a
third-party service provider to track these text messages. We track these text
messages for fraud prevention, to ensure appropriate charging of Fees, to
enforce these Terms, and for quality and training purposes. As part of this
process, Thumbtack and its service provider will receive in real time and store
data about your text message, including the date and time of the text message,
your phone number, and the content of the text message.
MARKETPLACE PAYMENTS
The Thumbtack platform may facilitate payments between Customer Members and
Service Members (“Marketplace Payments”) through our payment processing partner
Stripe, but Thumbtack is not a party to any such Marketplace Payments and does
not handle funds on behalf of its Members. Service Members who receive
Marketplace Payments from Customer Members on Thumbtack must agree to the Stripe
Connected Account Agreement, which includes the Stripe Services Agreement. As a
Service Member, by agreeing to these terms or continuing to operate as a Service
Member on Thumbtack, you agree to be bound by the Stripe Connected Account
Agreement and Stripe Services Agreement, as those agreements may be modified by
Stripe from time to time. As a condition of receiving payment processing
services through Stripe, you agree to provide Thumbtack with accurate and
complete information about you and your business, and you authorize Thumbtack to
share this information and transaction information related to your use of the
payment processing services provided by Stripe.
As a Customer Member making a Marketplace Payment through Stripe, you agree to
pay all amounts you owe when due using your preferred payment method. You
further authorize Stripe to charge your preferred payment method for amounts you
owe when they are due, whether they are recurring or one-time payments. You must
keep all payment information you provide us up-to-date, accurate and complete.
Do not share your payment card, bank account or other financial information with
any other Member. We take steps to secure all payment method and other personal
financial information, but we expressly disclaim any liability to you, and you
agree to hold us harmless for any damages you may suffer as a result of the
disclosure of your personal financial information to any unintended recipients.
Thumbtack may enable you to make Marketplace Payments using credit, debit, or
prepaid cards, by linking your bank account, or by any other payment method we
support. We reserve the right to cancel your ability to make payments with one
or more of the payment methods you have authorized in our sole and absolute
discretion.
If you choose your bank account as your Marketplace Payment method, you
authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your
bank account, and to make any inquiries we consider necessary to validate any
dispute involving payments you make to us or to a Member, which may include
ordering a credit report and performing other credit checks or verifying the
information you provide us against third-party databases. You authorize
Thumbtack or its provider to initiate one or more ACH debit entries
(withdrawals) or the creation of an equivalent bank draft for the specified
amount(s) from your bank account, and you authorize the financial institutions
that holds you bank account to deduct such payments. You also authorize the bank
that holds your bank account to deduct any such payments in the amounts and
frequency designated in your Account.
If your full order is not processed by us at the same time, you hereby authorize
partial debits from your bank account, not to exceed the total amount of your
order You agree to pay any ACH fees or fines you or we incur associated with
transactions you authorize. This return fee will vary based on which state you
are located in. The return fee may be added to your payment amount and debited
from your bank account if we resubmit an ACH debit due to insufficient funds. We
may initiate a collection process or legal action to collect any money owed to
us. You agree to pay all our costs for such action, including any reasonable
attorneys' fees. Federal law limits your liability for any fraudulent,
erroneous, or unauthorized transactions from your bank account based on how
quickly you report it to your financial institution. You must report any
fraudulent, erroneous or unauthorized transactions to your bank no more than 60
days after the disputed transaction appeared on your bank account statement.
Please contact your bank for more information about the policies and procedures
that apply unauthorized transactions and the limits on your liability.
Marketplace Payment Disputes: All requests for Marketplace Payment chargebacks,
errors, claims, refunds and disputes (“Payment Disputes”) will be subject to
review by Thumbtack in accordance with the rules applicable to the payment
method you used to make the Marketplace Payment and will be in Thumbtack’s
absolute discretion. Thumbtack is not liable to you under any circumstances for
Payment Disputes we are unable to resolve in your favor. We will normally
process your valid written Payment Dispute request within thirty (30) days after
we receive it, unless a shorter period is required by law. You may file a
Payment Dispute by emailing it to Thumbtack support at support@thumbtack.com. If
you close or deactivate your Account before we adjudicate your Payment Dispute,
we will not be able to issue you any amounts you are owed. We will attempt to
pay you any Payment Disputed amounts you are owed using the method with which
you made the disputed payment, but we cannot guarantee that we will be able to
do so if your payment method information is inaccurate, incomplete, or has been
cancelled.
If your actions result, or are likely to result in a Payment Dispute, a
violation of these Terms of Use or create other risks to Thumbtack or our
payment processing partners, or if we determine that your Account has been used
to engage in deceptive, fraudulent, or illegal activity, then we may permanently
withhold any amounts owed to you in our sole discretion. If you have a past due
balance due on any Account, or for any additional amounts that we determine you
owe us, we may, without limiting any other rights or remedies: (a) charge one or
more of your payment methods; (b) offset any amounts you owe us against amounts
you may be owed; (c) invoice you for amounts due to us, which such amounts will
be due upon receipt; (d) reverse or block any credits to your bank account; or
(e) collect payment from you by any other lawful means.
If you fail to make Marketplace Payments you owe when due, or if Thumbtack is
unable to charge one of your payment methods for any reason, Thumbtack reserves
all rights permissible under law to recover payment and all costs and expenses
incurred, including reasonable attorneys' fees, in our pursuit of payment. You
explicitly agree that all communication in relation to delinquent accounts or
overdue payments will be made by electronic mail or by phone. Such communication
may be made by Thumbtack or by anyone on its behalf, including but not limited
to a third-party collections agent.
Thumbtack may, from time to time, place a hold on any of your payment methods.
Any such hold will be temporary and will not mature into a charge on your
payment method. Payment method holds are intended to prevent failed payments.
THUMBTACK PROMOTIONS
You may receive certain offers from Thumbtack (“Promotions”), including but not
limited to discounted or free use of the Platform for a limited period. Any
Promotions are offered at Thumbtack’s discretion, and may be revoked at any time
and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you
received a communication directly from Thumbtack offering you that Promotion,
(b) you satisfy all the requirements identified in that communication; and (c)
you maintain an account in good standing with Thumbtack. We may condition
receipt of a benefit described in a Promotion in any manner we see appropriate,
including limiting eligibility to a subset of Members, to specific categories,
or to certain dates. To be eligible for a benefit described in a Promotion, you
may need to take a specific action (including but not limited to signing up for
a service) or make a payment for specific services.
To the extent you are eligible for multiple promotions that discount a Fee, we
will apply those promotions sequentially. For instance, if you are eligible for
both a 15% and 10% discount on a $10 Fee, you will pay $7.65.
Any benefits from participating in the Promotion, requirements of accepting the
offer, and any other conditions to receive any benefit described in the
Promotion will be disclosed to you. After a Promotion ends, regardless of
whether you have already satisfied the requirements, you will be ineligible to
receive those benefits. Notwithstanding anything to the contrary, Thumbtack may
revoke a benefit if we believe that you have not satisfied the Promotion
requirements, including maintaining an Account in good standing.
SPONSORED INFORMATION
Thumbtack may publicly display advertisements, paid content, and other sponsored
information. The manner, mode, and extent of such advertising are subject to
change without specific notice to you. Service Members may compensate Thumbtack
to “Promote” themselves in search results and therefore rank higher. Any such
Service Members will be clearly designated in applicable search results as
“Promoted” or with a similar designation. Thumbtack may impose certain
quality-related standards for Service Members to qualify as “Promoted”, which
standards may be enforced and/or changed at any time.
DISPUTES BETWEEN OR AMONG USERS
Thumbtack values our Pros and Customers, and we understand that occasionally
disputes may arise between or among them. Our goal is to provide tools to help
users resolve such disputes independently. In the rare event a dispute regarding
an interaction related to the Platform cannot be resolved independently, you
agree, at Thumbtack's request, to participate in good faith, to the extent you
are reasonably able to do so, in a neutral resolution or mediation conducted by
Thumbtack or a neutral third-party mediator or arbitrator selected by Thumbtack.
Notwithstanding the foregoing, you acknowledge and agree that Thumbtack is under
no obligation to become involved in or impose resolution in any dispute between
or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
Thumbtack Content is protected by copyright, trademark, and other laws of the
United States, foreign countries, and international conventions. Except as
expressly provided in these Terms, Thumbtack and its licensors exclusively own
all right, title, and interest in and to the Platform and Thumbtack Content,
including all associated intellectual property rights. All trademarks, service
marks, logos, trade names and any other proprietary designations of Thumbtack
used herein are trademarks or registered trademarks of Thumbtack. Any other
trademarks, service marks, logos, trade names and any other proprietary
designations are the trademarks or registered trademarks of their respective
owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning
Thumbtack or our services, including the Platform (collectively, “Feedback”) you
represent and warrant (a) that you have the right to disclose the Feedback, (b)
that the Feedback does not violate the rights of any other person or entity, and
(c) that your Feedback does not contain the confidential or proprietary
information of any third party or parties. By sending us any Feedback, you
further (i) agree that we are under no obligation of confidentiality, express or
implied, with respect to the Feedback, (ii) acknowledge that we may have
something similar to the Feedback already under consideration or in development,
(iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, prepare derivative works, publish, distribute and
sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived,
against Thumbtack and its users any claims and assertions of any moral rights
contained in such Feedback. This Feedback section shall survive any termination
of your Account or the Platform.
COPYRIGHT POLICY
We expect users to respect copyright law. In appropriate circumstances we will
terminate the Account of any user who repeatedly infringes or is believed to be
repeatedly infringing the rights of copyright holders. Please see our Copyright
& DMCA Policy for more information.
NO ENDORSEMENT
Thumbtack does not endorse any Member, user, or any Pro Services, and Thumbtack
is not a party to any agreements between or among users, Members, or third
parties. No agency, partnership, joint venture, or employment is created as a
result of the Terms or any user's or Member's use of any part of the Platform,
including but not limited to any scheduling or other services. Neither Thumbtack
nor any Members or users of the Platform may direct or control the day-to-day
activities of the other, or create or assume any obligation on behalf of the
other. Members are required by these Terms to provide accurate information, and
although Thumbtack may undertake additional checks and processes designed to
help verify or check the identities or backgrounds of users, we do not make any
representations about, confirm, or endorse any user or their purported identity
or background, regardless of the specific Thumbtack services they are using or
any involvement by Thumbtack personnel in providing or scheduling those
services.
Any reference on the Platform to a user being licensed or credentialed in some
manner, or "badged," "best of," "top," "background checked" (or similar
language) designations indicates only that the user has completed a relevant
account process or met user review standards, and does not represent anything
else. Any such description is not an endorsement, certification or guarantee by
Thumbtack and is not verification of their identity and whether they or their
Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any
such description is intended to be useful information for you to evaluate when
you make your own decisions about the identity and suitability of others whom
you contact or interact with via the Platform. You should always exercise
responsibility, due diligence and care when deciding whether to have any
interaction with any other user. Thumbtack offers a non-exhaustive list of
safety tips to consider when hiring a Service Member. Except as specifically
described in the Thumbtack Guarantee and including its exclusions and
limitations, Thumbtack has no responsibility for any damage or harm resulting
from for your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or
other events/activities not owned or controlled by Thumbtack. We do not endorse
or assume any responsibility for any such links, and if you access them, you do
so at your own risk.
By using the Platform, you understand and agree that any legal remedy or
liability that you seek to obtain for actions or omissions of other users or
other third parties will be limited to a claim against those particular users or
other third parties. You agree not to attempt to impose liability on or seek any
legal remedy from Thumbtack with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Thumbtack may, in its sole
discretion, take any action permitted by law for any violation of these Terms or
any other policy or agreement between you and Thumbtack, including but not
limited to removing User Content you posted, limiting your Account access,
requiring you to forfeit certain funds or paid Fees, assessing monetary
penalties or costs, terminating your Account, notifying other Members of the
termination of your Account and/or the violation of these Terms, decreasing your
status or search rank, canceling quotes or postings, blocking access,
investigating you, and/or cooperating with law enforcement agencies in
investigation or prosecution.
We may, in our discretion, with or without cause, with or without prior notice
and at any time, decide to limit, block, suspend, deactivate or cancel your
Thumbtack Account in whole or in part. If we exercise our discretion under these
Terms to do so, any or all of the following can occur with or without prior
notice or explanation to you: (a) your Account will be deactivated or suspended,
your password will be disabled, and you will not be able to access the Platform
or your User Content, or receive assistance from Thumbtack support teams; (b) if
appropriate in our sole discretion, we may communicate to other users that your
Account has been terminated, blocked, suspended, deactivated, cancelled, or
otherwise penalized in any way, and why this action has been taken; and (c) you
will not be entitled to any compensation for Platform services or Pro Services
cancelled or delayed as a result of Account termination. You may cancel your use
of the Platform and/or terminate your Account at any time by following the
"Settings" link in in your profile, clicking "Account," and clicking "Deactivate
Account." Please note that if your Account is cancelled, we do not have an
obligation to delete or return to you any Content you have posted to the
Platform, including, but not limited to, any reviews.
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR
RIGHT TO FILE A LAWSUIT IN COURT.
You and Thumbtack agree that these Terms affect interstate commerce and that the
Federal Arbitration Act governs the interpretation and enforcement of these
arbitration provisions.
This Section is intended to be interpreted broadly and governs any and all
disputes between us, including but not limited to claims arising out of or
relating to any aspect of the relationship between us, whether based in
contract, tort, statute, fraud, misrepresentation or any other legal theory;
claims that arose before this Agreement or any prior agreement (including, but
not limited to, claims related to advertising); and claims that may arise after
the termination of this Agreement. The only disputes excluded from this broad
prohibition are the litigation of certain intellectual property and small court
claims, as provided below.
By agreeing to these Terms, you agree to resolve any and all disputes with
Thumbtack as follows:
Initial Dispute Resolution: Most disputes can be resolved without resort to
litigation. You can reach Thumbtack's support department at
support@thumbtack.com. Except for intellectual property and small claims court
claims, the parties agree to use their best efforts to settle any dispute,
claim, question, or disagreement directly through consultation with the
Thumbtack support department, and good faith negotiations shall be a condition
to either party initiating a lawsuit or arbitration.
Binding Arbitration: If the parties do not reach an agreed-upon solution within
a period of thirty (30) days from the time informal dispute resolution is
initiated under the Initial Dispute Resolution provision above, then either
party may initiate binding arbitration as the sole means to resolve claims,
subject to the terms set forth below. Specifically, all claims arising out of or
relating to these Terms or previous versions of these Terms (including the
Terms' or Privacy Policy's formation, performance, and breach), the parties'
relationship with each other, and/or your use of the Platform shall be finally
settled by binding arbitration, as described below.
Where the relief sought is $10,000 or less and you do not wish to bring the
claim in small claims court, the arbitration will be conducted online by an
online arbitration provider of our choosing in accordance with their applicable
Arbitration Rules & Procedures effective at the time a claim is made. Currently,
to start, you may initiate arbitration proceedings on the FairClaims website.
You are responsible for your own attorneys' fees unless the arbitration rules
and/or applicable law provide otherwise.
Where the relief sought is $10,001 or more, resolution shall be in accordance
with the JAMS Streamlined Arbitration Procedure Rules for claims that do not
exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for
claims exceeding $250,000 in effect at the time the arbitration is initiated,
excluding any rules or procedures governing or permitting class actions. To
start an arbitration with JAMS, you must do the following: (a) write a Demand
for Arbitration that includes a description of the claim and the amount of
damages you seek to recover (you may find a copy of a Demand for Arbitration at
www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the
appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San
Francisco, California 94111; and (c) send one copy of the Demand for Arbitration
to Thumbtack at 1355 Market Street, Suite 600, San Francisco, California 94103,
ATTN: Legal. You will be required to pay $250 to initiate an arbitration against
us. If the arbitrator finds the arbitration to be non-frivolous, Thumbtack will
pay all other fees invoiced by JAMS, including filing fees and arbitrator and
hearing expenses. You are responsible for your own attorneys' fees unless the
arbitration rules and/or applicable law provide otherwise.
The arbitrator, and not any federal, state, or local court or agency, shall have
exclusive authority to resolve all disputes arising out of or relating to the
interpretation, applicability, enforceability, or formation of these Terms or
the Privacy Policy, including but not limited to any claim that all or any part
of these Terms or Privacy Policy is void or voidable, whether a claim is subject
to arbitration, or the question of waiver by litigation conduct. The arbitrator
shall be empowered to grant whatever relief would be available in a court under
law or in equity. The arbitrator's award shall be written and shall be binding
on the parties and may be entered as a judgment in any court of competent
jurisdiction.
The parties understand that, absent this mandatory arbitration provision, they
would have the right to sue in court and have a jury trial. They further
understand that, in some instances, the costs of arbitration could exceed the
costs of litigation and the right to discovery may be more limited in
arbitration than in court.
If you are a resident of the United States, arbitration may take place in the
county where you reside at the time of filing. For individuals residing outside
the United States, arbitration shall be initiated in the State of California,
United States of America. You and Thumbtack further agree to submit to the
personal jurisdiction of any federal or state court in San Francisco County,
California in order to compel arbitration, to stay proceedings pending
arbitration, or to confirm, modify, vacate, or enter judgment on the award
entered by the arbitrator.
Class Action Waiver: The parties further agree that the arbitration shall be
conducted in their individual capacities only and not as a class action or other
representative action, and the parties expressly waive their right to file a
class action or seek relief on a class basis. YOU AND THUMBTACK AGREE THAT EACH
MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND
NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE
PROCEEDING. If any court or arbitrator determines that the class action waiver
set forth in this paragraph is void or unenforceable for any reason or that an
arbitration can proceed on a class basis, then the arbitration provisions set
forth above shall be deemed null and void in their entirety and the parties
shall be deemed to have not agreed to arbitrate disputes.
Exception: Litigation of Intellectual Property and Small Claims Court Claims:
Notwithstanding the parties' decision to resolve all disputes through
arbitration, either party may bring enforcement actions, validity determinations
or claims arising from or relating to theft, piracy or unauthorized use of
intellectual property in state or federal court or in the U.S. Patent and
Trademark Office to protect its intellectual property rights ("intellectual
property rights" means patents, copyrights, moral rights, trademarks, and trade
secrets, but not privacy or publicity rights). Either party may also seek relief
in a small claims court for disputes or claims within the scope of that court's
jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by the
arbitration and class action waiver provisions set forth above by sending (from
the email address you use on Thumbtack) written notice of your decision to opt
out to opt-out@thumbtack.com with the subject line, "ARBITRATION AND CLASS
ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the
later of the Effective Date of these Terms or your first use of the Platform;
otherwise, you shall be bound to arbitrate disputes in accordance with the terms
of those paragraphs. If you opt out of these arbitration provisions, Thumbtack
also will not be bound by them.
Changes to This Section: Thumbtack will provide thirty (30) days' notice of any
changes affecting the substance of this Arbitration and Class Action Waiver
section by posting on the Thumbtack Terms of Use website, sending you a message,
or otherwise notifying you when you are logged into your account. Amendments
will become effective thirty (30) days after they are posted on the Thumbtack
Terms of Use website or sent to you.
Changes to this section will otherwise apply prospectively only to claims
arising after the thirtieth (30th) day. If a court or arbitrator decides that
this subsection on "Changes to This Section" is not enforceable or valid, then
this subsection shall be severed from the section entitled “Arbitration and
Class Action Waiver,” and the court or arbitrator shall apply the first
Arbitration and Class Action Waiver section in existence after you began using
the Platform.
Survival: This Arbitration and Class Action Waiver section shall survive any
termination of your Account or the Platform.
Third-Party Beneficiary: You and Thumbtack acknowledge that any third party
consumer reporting agency that Thumbtack uses to perform background checks on
Service Members is an express and intended third party beneficiary of this
arbitration provision and as such, the terms of this Arbitration provision will
inure to the benefit of the consumer reporting agencies and may be enforced by
them. Accordingly, you agree that any dispute that arises between you and a
consumer reporting agency that relates to or arises out of this Agreement or any
aspect of your relationship with Thumbtack will be resolved by binding
arbitration. If any court or arbitrator determines that this third-party
beneficiary subsection is void or unenforceable for any reason, then this
subsection shall be severed from the section entitled “Arbitration and Class
Action Waiver,” and the remainder of the section shall remain enforceable,
meaning that the class action waiver and the mutual obligation to resolve
disputes between you and Thumbtack through binding arbitration remains
enforceable.
GOVERNING LAW
The Terms and the relationship between you and Thumbtack shall be governed in
all respects by the laws of the State of California, without regard to its
conflict of law provisions. You agree that any claim or dispute you may have
against Thumbtack that is not subject to arbitration must be resolved by a court
located in San Francisco County, California, or a United States District Court,
Northern District of California, located in San Francisco, California, except as
otherwise agreed by the parties. You agree to submit to the personal
jurisdiction of the courts located within San Francisco County, California or
the United States District Court, Northern District of California located in San
Francisco, California, for the purpose of litigating all such claims or disputes
that are not subject to arbitration. You hereby waive any and all jurisdictional
and venue defenses otherwise available.
DISCLAIMERS
YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT
YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THUMBTACK DOES NOT HAVE AN
OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER
CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION,
BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON
ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS.
THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THUMBTACK AND ITS AFFILIATES AND
SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS
EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF
COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR
GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR
THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR
PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT.
THUMBTACK MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR
REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THUMBTACK ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO
YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF
THE PLATFORM. THUMBTACK SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR
COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THUMBTACK OR
THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH
OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT
NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU
UNDERSTAND THAT THUMBTACK DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF
USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. THUMBTACK MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR
THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE
TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER
USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR
INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO
MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. THUMBTACK EXPLICITLY
DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE
ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE
CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO
SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF
THUMBTACK OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU.
NEITHER THUMBTACK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT THUMBTACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE
PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL
DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR
INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY
COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR
OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF
THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR
RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF THUMBTACK AND ITS AFFILIATES
AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND
AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR
COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR
COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH
ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO THUMBTACK BY
YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS
APPLICABLE. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO
RESIDENTS OF NEW JERSEY.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Thumbtack and its affiliates
and subsidiaries, and their respective officers, directors, employees and
agents, harmless from and against any claims, liabilities, damages, losses, and
expenses, including without limitation reasonable legal and accounting fees,
arising out of or in any way connected with (a) your violation of these Terms;
(b) your User Content; (c) your interaction with any Member or user; and (d) the
request or receipt or offer or provision of Pro Services by you, including but
not limited to any injuries, losses, or damages (compensatory, direct,
incidental, consequential or otherwise) of any kind arising in connection with
such Pro Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey,
you only agree to release, defend, indemnify, and hold Thumbtack and its
affiliates and subsidiaries, and their respective officers, directors, employees
and agents, harmless from and against any third-party claims, liabilities,
damages, losses, and expenses, including without limitation reasonable legal and
accounting fees, arising out of or in any way connected with your violation of
these Terms.
If you are a California resident, you waive California Civil Code Section 1542,
which provides:
A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which
if known by him or her must have materially affected his or her settlement with
the debtor.
If you are not a California resident, you waive your rights under any statute or
common law principle similar to Section 1542 that governs your rights in the
jurisdiction of your residence.
GENERAL
Force Majeure: Other than payment obligations, neither Thumbtack nor you shall
be liable to the other for any delay or failure in performance under the Terms
arising out of a cause beyond its control and without its fault or negligence.
Such causes may include but are not limited to fires, floods, earthquakes,
strikes, unavailability of necessary utilities, blackouts, acts of God, acts of
declared or undeclared war, acts of regulatory agencies, or national disasters.
No Third-Party Beneficiaries: You agree that, except as otherwise expressly
provided in these Terms, there shall be no third-party beneficiaries to these
Terms.
Contacting You and E-SIGN Consent: You agree that Thumbtack may provide you with
notices, including those regarding changes to the Terms, by email, regular mail,
or postings on the Platform. With your consent, Thumbtack, Customer Members,
Service Members, or other individuals may also contact you by telephone or
through text messages. If you have agreed to receive text messages or telephone
calls from Thumbtack, Customer Members, Service Members, or other individuals
you also consent to the use of an electronic record to document your agreement.
You may withdraw your consent to the use of the electronic record by sending an
email to support@thumbtack.com with "Revoke Electronic Consent" in the subject
line. To view and retain a copy of this disclosure or any information regarding
your enrollment in this program, you will need (a) a device (such as a computer
or mobile phone) with a web browser and Internet access; and (b) either a
printer or storage space on such device. For a free paper copy, or to update our
records of your contact information, send an email to support@thumbtack.com with
contact information and the address for delivery.
Entire Agreement: These Terms, together with the Privacy Policy and any other
legal notices or additional terms and conditions or policies published by
Thumbtack on the Platform, shall constitute the entire agreement between you and
Thumbtack concerning the Platform or Pro Services obtained through the Platform.
Except as explicitly stated herein, if any provision of the Terms is deemed
invalid by a court of competent jurisdiction, the invalidity of such provision
shall not affect the validity of the remaining provisions of the Terms, which
shall remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or
continuing waiver of such term or any other term, and Thumbtack's failure to
assert any right or provision under these Terms shall not constitute a waiver of
such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the
contrary, any claim arising out of or related to the Platform or the Pro
Services offered therein must commence within one (1) year after the cause of
action accrues. Otherwise, such cause of action is permanently barred.
Notwithstanding the foregoing, this statute of limitations shall not apply to
residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only
and have no legal or contractual effect. Contact Information: If you have any
questions about these Terms or the Platform, please contact us by sending an
email to support@thumbtack.com, or by writing to Thumbtack, Inc., 1355 Market
Street, Suite 600, San Francisco, CA 94103.
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