Membership and Accessibility
Use of the Product is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Product and Services offered through this Product do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we believe that you are under the age of 18 or that you are not complying with any applicable federal, state or local laws, rules or regulations. You need not register with asyne to simply visit and view the Product, but to access and participate in certain features of the Product, you will need to create a protected account (“Account”). To create an account, you must submit your name and mobile number through the account registration page on the Product and you will receive an SMS code on your provided mobile phone number which will be used to verify your mobile number. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to asyne in providing you with a more customized experience when using the Product. You are solely responsible for safeguarding your asyne account at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify asyne immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Product and/or the Services offered through the Product. You hereby acknowledge and agree that asyne will not be liable for your losses caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of asyne or others due to such unauthorized use. An Account holder is sometimes referred to herein as a “Registered User.” You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
If you do not meet, or are unable to comply with, any of the above-referenced membership eligibility criteria or Account Policies, please do not use the Product. Should asyne find that you violated the terms of the membership eligibility criteria or any other terms stated herein, asyne reserves the right, at its sole discretion, to immediately terminate your use of the Product.
You shall not upload, post, transmit, transfer, disseminate, distribute, or facilitate distribution of any content, including text, images, video, sound, data, information, or software, to any part of the Product, including your profile (“Profile”), the posting of your Service, the posting of your desired Service or the posting of any opinions or reviews in connection with the Product, the Service, the Provider, or the Customer (all of the foregoing content is sometimes collectively referred to herein as “Submitted Content” and the posting of Submitted Content is sometimes referred to as a “Booking” or as “Bookings”) that:
You will not send messages to other users containing:
Employment Postings: Federal, state and local laws prohibit employment postings with any preference, limitation or discrimination based on race, color, religion, sex, national origin, age, handicap or other protected class. asyne will not knowingly accept any Booking for employment which is in violation of the law. asyne has the right, in its sole discretion and without prior notice to you, to immediately remove any employment Booking that discriminates or is any way in violation of any federal, state, or local law.
While using the Product, you shall not:
Rules for Providers
If a Provider violates any of the above-referenced rules in connection with his or her Posting, asyne, in its sole discretion, may take any of the following actions: (a) cancel the Posting; (b) limit the Provider’s Account privileges; (c) suspend the Provider’s Account; (d) cause the Provider to forfeit any fees earned on a cancelled Booking; and/or (e) decrease the Provider’s status earned via the Strikes system.
Rules for Customers
(a) commit to purchasing or using a Service without paying; (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Provider’s terms as outlined in the Service Description, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by asyne in connection with the use or purchase of any Service
If a Customer violates any of the above-referenced rules in connection with his or her Posting, asyne, in its sole discretion, may take any of the following actions: (a) cancel the Booking; (b) limit the Customer’s Account privileges; and/or (c) suspend the Customer’s Account.
Use of Submitted Content
The Product may now or in the future permit the submission of videos or other communications submitted by you and other users, including without limitation, your Profile, your Profile picture, any Feedback, and all Submitted Content, and the hosting, sharing, and/or publishing of such Submitted Content. You understand that whether or not such Submitted Content is published, asyne does not guarantee any confidentiality with respect to any Submitted Content. You agree that any Submitted Content provided by for which you authorize to be searchable by Registered Users who have access to the Product is provided on a non-proprietary and no confidential basis. You agree that asyne shall be free to use or disseminate such freely searchable Submitted Content on an unrestricted basis for the purpose of providing the Services.
You acknowledge and understand that when using the Product, you will be exposed to Submitted Content from a variety of sources, and that asyne is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content. You further acknowledge and understand that you may be exposed to Submitted Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against asyne with respect thereto, and agree to indemnify and hold asyne, its owners, members, managers, operators, directors, officers, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Product.
You are solely responsible for the photos, profiles and other content, including, without limitation, Submitted Content that you publish or display on or through the Product, or transmit to other Product users. You understand and agree that asyne may, in its sole discretion and without incurring any liability, review and delete or remove any Submitted Content that violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Product users or others.
If you send or transmit any communications, comments, questions, suggestions, or related materials to asyne, whether by letter, email, telephone, or otherwise (collectively, “Suggestions”), suggesting or recommending changes to the Product, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and asyne is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Suggestions. You understand and agree that asyne is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and you have no right to compel such use, display, reproduction, or distribution.
asyne uses a variety of tools in an effort to make our Product as safe as possible for Providers and Customers. Among these tools are interviews and background checks and identification verifications with national databases.
By registering as a Provider on the Product, you do hereby consent to allow asyne to perform the background checks and verifications. You hereby authorize asyne to verify your representations and warranties herein, and you acknowledge that asyne reserves the right, but not the obligation, to verify such representations and warranties and to take action it deems appropriate in its sole discretion. You agree to indemnify and hold harmless asyne from any loss or liability that may result from the identity checks. In addition, you do hereby represent, understand and expressly agree that asyne offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. asyne retains the right to terminate your asyne membership based on the information provided by this third party verification service.
asyne uses a variety of tools in an effort to make our Product as safe as possible for Providers and Customers. Among these tools are optional name verification, address verification, social security number verification, and criminal background checks for Providers. asyne may use a third party to identification and perform criminal background checks.
asyne also seeks to allow Providers to showcase their professional license credentials.
If you decide to use or access information provided by a third-party verification service offered through the Product, you do hereby represent, understand and expressly agree that asyne offers this third-party verification service as a convenience and does not have control over or assume any responsibility for the quality, accuracy, or reliability of the third-party verification service and/or the information provided by the third-party verification service. In addition, you understand that asyne may review the information provided by the third-party verification service and that asyne retains the right to terminate your asyne membership based on the information. You affirm that all of the information you provide to asyne as part of these third-party verification services is correct, complete, and applicable to you.
Providers may choose whether to make the information obtained from third-party verification services public on asyne. If you decide to share any information from a third-party verification service publicly, you understand that the information in the report may factor into other party’s decisions to engage you as a Provider. You agree to indemnify and hold harmless asyne from any loss or liability that may result from your sharing this report publicly.
Pursuant to laws of your country of access, asyne has established policies for dealing with alleged and actual copyright and trademark infringement. If you believe that your work has been copied and posted on the Product in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to our Copyright Agent: (i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site; (ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Product, and information reasonably sufficient to permit asyne to locate the material.; (iii) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright and/or trademark owner, its agent, or the law; (iv) information reasonably sufficient to permit asyne to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted; (v) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive interest that is allegedly infringed; and (vi) a statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the owner of the exclusive right or authorized to act on the behalf of the owner of the exclusive right. A statement by you comprised of the foregoing points is referred to herein as the “Notice.” asyne’s designated Copyright Agent can be contacted via e-mail at email@example.com.
Modifications to or Termination of Product
asyne reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice and in its sole discretion. You agree that asyne shall not be liable to you or to any third party for any modification, suspension or discontinuance of asyne services.
Unless asyne has previously cancelled or terminated your use of the Product (in which case subsequent notice by asyne shall not be required), if you provided a valid email address during registration, asyne will notify you via email of any such termination or cancellation, which shall be effective immediately upon asyne’s delivery of such notice.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of asyne Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that asyne shall not be liable to you or any third party for any termination of your access to the Product. Upon Termination of Service, asyne retains the right to use any data collected from your use of the Product for internal analysis and archival purposes, and all related licenses you have granted asyne hereunder shall remain in effect for the foregoing purpose. In no event is asyne obligated to return any Submitted Content to you. Sections G, J, K, L, M, N, O, Q, R, S, T, U, V, W, and X, shall survive expiration or termination of the Product or your Account. You agree to indemnify and hold asyne, and its officers, managers, members, affiliates, successor, assigns, directors, agents, Providers, suppliers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and court costs, made by any third party due to or arising out of the Termination of Service.
Intellectual Property Rights
The content on the Product (exclusive of all Submitted Content), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by asyne, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Other trademarks, names and logos on this Product are the property of their respective owners.
Data on the Product is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. asyne reserves all rights not expressly granted in and to the Product and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Product for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Product or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Product or the Data therein.
The Product may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
asyne may authorize you to use an “Embeddable Player” feature, which you may incorporate into your own personal, non-commercial Products for use in accessing the materials on the Product; provided, however, that you provide a link back to the Product on any pages that contain the Embeddable Player. asyne reserves the right to discontinue any aspect of the Product at any time.
You understand that we are acting solely as an intermediary for the collection of rents and fees between a Customer and a Provider who choose to enter into an Agreement for Service. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors, and that we cannot and do not offer tax advice to either hosts or guests.
All sales on asyne are final and non-refundable.
Negotiation of Terms of Service; Disputes Between Registered Users
Registered Users acknowledge and agree that (i) they are solely responsible for addressing all issues that exist now or may arise in the future in connection with the applicable Service; and (ii) it is solely up to such Registered Users, if they so desire, to enter into a signed, written contract, that addresses all of the relevant issues.
You should not rely on any information or resources contained on the Product as a replacement or substitute for any professional, financial, legal or other advice or counsel. asyne makes no representations and warranties, and expressly disclaims any and all liability, concerning actions taken by a user following the information or using the resources offered or provided on or through the Products. In no way will asyne be responsible for any actions taken or not taken based on the information or resources provided on this Product. If you have a situation that requires professional advice, you should consult a qualified specialist. Do not disregard, avoid or delay obtaining professional advice from a qualified specialist because of information or resources that are provided on this Product, however provided.
Each Registered User hereby acknowledges and agrees that asyne is NOT a party to any oral or written Agreement for Service, or any contract entered into between Registered Users in connection with any Service offered, directly or indirectly, through the Product.
Subject to the provisions regarding disputes between Product participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Product, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, Providers and Customers.
You understand that deciding whether to use the Services of a Provider or provide Services to a Customer or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which you alone are responsible. You understand that asyne does not and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Product and/or the accuracy or suitability of any advice, information, or recommendations made by any individual.
NOTWITHSTANDING THE FOREGOING, YOU AGREE THAT ASYNE SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT WHATSOEVER INCURRED AS THE RESULT OF ANY SUCH TRANSACTION OR DEALINGS. IF THERE IS A DISPUTE BETWEEN PARTICIPANTS ON THE PRODUCT, OR BETWEEN REGISTERED USERS OR ANY PRODUCT USER AND ANY THIRD PARTY, YOU ACKNOWLEDGE AND AGREE THAT ASYNE IS UNDER NO OBLIGATION TO BECOME INVOLVED. IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND ONE OR MORE PRODUCT USERS, REGISTERED USERS OR ANY THIRD PARTY, YOU HEREBY RELEASE ASYNE, ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS, AND SUCCESSORS IN RIGHTS FROM ANY CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, FORESEEABLE OR UNFORESEEABLE, DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE PRODUCT OR ANY SERVICE PROVIDED THEREUNDER.
Advertisements and Third Party Links
Aspects of the Product and other asyne services may be supported by advertising revenue. As such, asyne may display advertisements and promotions on the service. The manner, mode and extent of advertising by asyne on the Product are subject to change and the appearance of advertisements on the Product does not necessarily imply endorsement by asyne of any advertised products or services. You agree that asyne shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such dealings or as the result of the presence of such advertisers on the Product.
Warranties and Disclaimers
YOU AGREE THAT YOUR USE OF THE PRODUCT SHALL BE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ASYNE AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROVIDERS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, ANY DATA, MATERIALS, SUBMITTED CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT, INCLUDING WITHOUT LIMITATION THE MATERIALS, DATA AND SUBMITTED CONTENT OF OTHER USERS OF THIS SITE OR OTHER THIRD PARTIES. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS PRODUCT, THE SERVICES OFFERED ON OR THROUGH THIS PRODUCT, DATA, MATERIALS, SUBMITTED CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS PRODUCT IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ASYNE DOES NOT PROVIDE ANY WARRANTIES AGAINST ERRORS, MISTAKES, OR INACCURACIES OF DATA, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT, 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, CONTENT, INFORMATION, MATERIALS, SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PRODUCT. ASYNE DOES NOT ENDORSE, WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PRODUCT OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISEMENT. ASYNE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY PARTY, INCLUDING THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE USE OF ANY PRODUCT OR SERVICE, AND THE PUBLISHING OR POSTING OF ANY MATERIAL THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL ASYNE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ACCESS TO OR USE OF THE PRODUCT OR ANY SERVICES OFFERED BY ANY PROVIDERS VIA THE PRODUCT, INCLUDING SERVICES PROVIDED PURSUANT TO AN AGREEMENT FORMED INDEPENDENTLY OF THE PRODUCT, WHETHER OR NOT AN AGREEMENT FOR SERVICE FORMED VIA THE PRODUCT IS IN EFFECT; (II) ERRORS, MISTAKES, OR INACCURACIES OF DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PRODUCT BY ANY THIRD PARTY; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PRODUCT; (VI) ANY ERRORS OR OMISSIONS IN ANY DATA, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT; (VII) ANY FAILED NEGOTIATIONS FOR A SERVICE, ANY DISPUTES THAT ARISE DURING OR AFTER THE NEGOTIATION OF A SERVICE OR THE FORMATION OF A CONTRACT FOR A SERVICE, OR ANY OTHER DISPUTE THAT ARISES BETWEEN USERS OF THE PRODUCT; (VIII) ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY; OR (IX) ANY USE OF ANY DATA, MARKS, CONTENT, INFORMATION, MATERIALS OR SUBSTANCE OF THE PRODUCT OR SUBMITTED CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASYNE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTION 42 MAY NOT APPLY TO YOU.
Indemnification and Release
Subject to the applicable laws, you agree that any cause of action arising out of or related to the Product must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.