Happy Task – Terms of Use

Happy Task LLC (“HappyTask”) provides this these Terms of Use (the “Terms” or “Agreement”) set forth the terms and conditions under which individuals residing in the United States may use the HappyTask Site and/or the HappyTask Site Services. Certain HappyTask Site Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Site materials relating to those Site Services (“Additional Terms”).

“Terms” shall refer to all conditions, limitations, requirements, additions and modifications published within this document, incorporated by reference or otherwise communicated on the Site.

“Site” shall refer to the website HappyTask.com and any other HappyTask branded websites, web pages, mobile applications, mobile websites, software and other technologies operated by Happy Task LLC or its affiliates.

“Site Services” shall refer to the services offered by HappyTask on its website, or otherwise, to facilitate free-market services to consumer connections between independent Clients and independent Service Providers.

“Independent Services or services” shall refer to those services offered and provided by Service Providers that are purchased and consumed by Clients.

“HappyTask.com, HappyTask, Happy Task LLC, us & we” are used interchangeably, and shall by any reference, individually or as a whole, identify the same legal entity.

“Client” shall refer to a registered or unregistered user and consumer of Site Services or Service Provider’s Independent Services to the extent offered by either.

“Service Provider” shall refer to a registered user of Site Services and a provider of Independent Services to Clients to the extent offered by either. Service Provider will also refer to Teams create by Service Providers.

Please read these Terms and any applicable Additional Terms before using the Site or the Site Services. By using the Site or the Site Services, you, the individual, Client and/or Service Provider (together “User(s) or you”) hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety whether or not you register as a user of the Site or Site Services or both.

This Agreement contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration. You acknowledge and accept the following Terms: (1) you will only be permitted to pursue claims against HappyTask on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

These Terms include the HappyTask Privacy Policy, which is incorporated herein. If you object to anything in these Terms, the Privacy Policy or any applicable Additional Terms, DO NOT use the Site or the Site Services.

These Terms, including the Privacy Policy, are subject to change by HappyTask at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Site, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated Terms on our Site. You should periodically check HappyTask.com for updates. Additional Terms are also subject to change by HappyTask at any time and take effect immediately upon publishing. Any use of the Site or the Site Services by you after the effective date of any changes will constitute your acceptance of such changes.

1. Description of Services; Limitations; User Responsibilities

1.1 About Our Services

HappyTask offers various Site Services to help facilitate commerce transactions between its Users. The Site Services we offer include, among others:

We facilitate Clients who are seeking services in their home or office to search for and hire Service Providers who offer the service they are seeking. The main categories of Independent Services the Service Provider may elect to offer are as follows: Family Care, Cleaning, Entertainment, Events, Household Repairs, Labor, Landscape, Musical Instruction, Pet Care, Professional Services, School Tutoring & Sports Training.

We provide a platform for Service Providers to choose one or more service types to offer Clients to be performed on an hourly basis. The Service Provider will set their work schedule, time schedule and hourly rate for each service.

We provide a marketing platform for each Service Provider to display in digital format their qualifications, resume, photos, documents and video related to their unique skills offered to Clients.

We provide business tools to Service Providers to manage their service activities, such a scheduling, accounting, tax maintenance, time tracking, work logs and professional dashboard tools.

We provide search functionality through the Site to allow Clients to request a specific service, location and time per their requirements.

Our Site provides the Client a list of all available Service Providers who offer a service requested by a Client based on service type, location and time requested. The Site also reviews the availability calendar of each Service Provider and makes suggestions to the Client of possible schedule times.

The Client may then review any or all the Service Provider’s marketing pages for detailed information about the qualifications of the Service Provider and then may immediately select their desired Service Provider to schedule the work.

Our site will schedule a work order event directly to the Service Provider’s calendar and communicate with both Client and Service Provider concerning the work order activities, from start, through the payment process.

Our Services continue to grow and change. Please refer to our Site for further information about the Services we provide.

1.2 Limitations of our Services

We market a variety of Independent Services through our Site on behalf of Service Providers, to help Clients find and purchase hourly services for their home or office. However, Happy Task LLC does not employ Service Providers or any affiliate thereof. Service Providers are classified as Independent Contractors and are directly responsible for compliance with all applicable employment, professional and tax laws in connection with any service provided.

Further, we do not have control over the quality, timing, or legality of the services delivered by Service Providers, nor of the integrity, responsibility or actions of Clients or Service Providers. We do not refer or recommend either Clients or Service Providers, nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by Service Providers or the integrity, responsibility or actions of Clients or Service Providers whether in public, private or offline interactions.

The relationship between Client and Service Provider is that of two independent entities who have made a mutual agreement to enter commerce for an hourly service to be performed. Either party may terminate the relationship at any time before, during or after the service is provided. Both parties are responsible for their own actions and decisions.

HappyTask is not responsible for the conduct, whether online or offline, of any Client, Service Provider or other User of the Site or Site Services. Moreover, HappyTask does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All Users, including both Clients and Service Providers, hereby expressly agree not to hold HappyTask (or HappyTask’s officers, directors, shareholders, employees, subsidiaries, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners or resellers, hereinafter “Affiliates”) liable for the actions or inactions of any Client, Service Provider or other third party or for any information, instruction, advice or Independent Services which originated through the Site, and, to the maximum extent permissible under applicable law, HappyTask and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

1.3 User’s Relationship & Responsibilities

The Client affirms they have sufficient knowledge, verbal skills, understanding and mental capacity to provide the necessary instruction and oversight of any service they order, and fully understand that it is their sole responsibility to judge if the performance quality of the Service Provider’s services meet their personal standards and expectations. The Client understands they may cancel or terminate Service Provider services at any time and for any reason they feel is necessary and will only be responsible for charges performed through that time. The Client understands that the Service Provider is providing “labor only” for the services they ordered, where they will be charged for the total time which labor was performed for services at the advertised hourly rate, and that a minimum charge for the first hour will apply. The Client understands that different Service Providers will have different skill levels, and that it is the Client’s responsibility to judge if the Service Provider they contract has sufficient skills necessary to meet their needs or standards. The Client understands that the relationship between them and the Service Provider is of direct mutual consent, and not that of employer and employee, and that Client takes full responsibility for his/her actions or inactions, and for the final quality outcome of services provided concerning the service transaction.

The Service Provider affirms they have sufficient knowledge, verbal skills, technical skills, understanding and mental capacity to provide the necessary labor and self-management of any service they perform, and fully understand that it is their sole responsibility to determine if the performance quality of their services meet a high personal standard and expectation. The Service Provider understands they may cancel or terminate Client services at any time and for any reason they feel is necessary and will be paid for charges performed through that time. The Service Provider understands that they are providing “labor only” for the services they perform, where they will be paid for the total time which labor was performed for the service they were hired. The Service Provider understands that their skill level for a service may or may not be adequate to properly perform the Client service and agrees to inform the Client prior to starting work or upon first realizing their skill deficit, that they may not have the required skills to perform the service to Client’s standards. The Service Provider understands that the relationship between them and the Client is of mutual consent, and not that of employee and employer, and that Service Provider takes full responsibility for his/her actions or inactions, and to provide the very best quality of work they can perform for the service transaction

1.4 Materials

All materials needed for any service provided are the sole responsibility of the Client. Client must purchase any necessary materials directly with their own funds, though Service Providers may assist Client in doing so as part of their service. Service Providers and Happy Task LLC will not warranty any materials used on your project, and are not responsible for any selection, destruction or theft of any materials purchased, stored or installed on your project if applicable.

1.5 Digital Production

Concerning Independent Services provided that include the production or modification of digital files (to include, but not limited to: photos, videos, software, data, computer programming, artwork, graphics, digital engineering and computer programming), these digital files shall be the sole physical and intellectual property of the Client who ordered the affiliated Independent Service which produced the digital files. The Service Provider who produced and is in position of these files after work is completed must transfer all files produced during the time they were performing services to the Client within a reasonable time and method. Client will have any and all copyright ownership upon creation, and Service Provider must receive written permission to use such materials from Client prior to use outside of the service provided.

2. Eligibility to Use the Site and Site Services; Representations and Warranties

2.1. Eligibility

To be eligible to use our Site Services, you must meet the following criteria:

Our Site Services are available only to individuals who are eighteen (18) years of age or older; provided, however, that individuals sixteen (16) to seventeen (17) years of age may join HappyTask as Service Providers subject to the terms set forth in Section 3.3 and any applicable Additional Terms. If you do not meet the above age requirements, do not register to use the Site or Site Services.

The Site and the Site Services are currently available only to individuals who are legally in the jurisdiction of the United States or the territory of Puerto Rico.

If you are registering to be a Service Provider, you must be permitted to legally work within the United States, and provide us with your valid social security number or ITIN number obtained from the IRS.

Users may not have ever been (i) convicted of any felony, any criminal offense involving violence, felony abuse, fraud, embezzlement or grand larceny, or any felony offense that involves drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

You must not be a competitor of HappyTask or using our Site Services for reasons that are in competition with HappyTask.com.

2.2. Representations and Warranties

By requesting to use, registering to use and/or using the Site or the Site Services, you represent and warrant that you fully meet the Eligibility requirements in Section 2.1 above, have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

In addition, you represent and warrant that you have not been (i) convicted of any felony, any criminal offense involving violence, felony abuse, fraud, embezzlement or grand larceny, or any felony offense that involves drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.

3. Rules for User Conduct and Use of Services

3.1. Registration, Posting, and Content Restrictions

The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through HappyTask’s Site or Site Services, or that other Users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Site Services, you agree, represent and warrant as follows:

– You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Site Services.

– You will register your account in your own legal name, even if you are seeking services for another individual or family member.

– All Content you post will be in English, as the Site and Site Services are not currently supported in any other languages.

– You are solely responsible for any Content that you post on the Site, or transmit to other Users of the Site. You will not post on the Site, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from HappyTask where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to HappyTask or to any other User of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.

– You understand and agree that HappyTask may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of HappyTask violates these Terms or which HappyTask determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users of the Site or others.

– You have the right, and hereby grant such right to HappyTask, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute your Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by HappyTask will not infringe or violate the rights of any third party.

– Your use of the Site Services, including but not limited to the Content you post on the Site, must be in accordance with any and all applicable laws and regulations.

– HappyTask is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Site.

– Opinions, advice, statements, offers, or other information or content made available on the Site or through the Site Service, but not directly by HappyTask, are those of their respective authors. Such authors are solely responsible for such content. HappyTask does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Site Service. Under no circumstances will HappyTask or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any User of the Site or Site Service; or b) reviews or comments made about you on the Site by other Users.

– You agree that HappyTask has no obligation to remove any reviews or other information posted on the Site about you or any other person or entity, if you disagree with a posted on the Site about you or any other person or entity. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these Terms. You may not terminate your registration and re-register to prevent a review from being posted with your account. The author of a review can always remove or request removal of a review they have written.

– To the maximum extent permitted by law, HappyTask disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any Users of the site. Users do hereby represent, understand and agree to hold HappyTask harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.

3.2. Exclusive Use

A Client may use their account to search and order Independent Services for any legal purpose. Service Providers may use their account only to engage in Independent Service jobs for themself or a Team they create. Users are responsible for all activity on, and use of, their account, and may not assign or otherwise transfer their account to any other person or entity. Service Providers may only register one account for their natural person at any one time.

3.3. Teen Providers, Parent, and Parent Monitored Accounts

If you are sixteen (16) to seventeen (17) years of age and would like to participate in HappyTask as an Service Provider (a “Teen Provider”), you may register to use the Site and Site Services but only if your parent or legal guardian consents to your registration through an interview with the Parent or Guardian (a “Parent”) conducted by HappyTask personnel. Parent will receive a copy of communications between the Teen Provider and other Users as well as a copy of all emails HappyTask sends to the Teen Provider. Parent Registered Users may respond to communications sent by other Users to the Teen Provider and may report inappropriate message content to HappyTask. Parent may also log in to, update the settings of and terminate their Teen Provider’s account.

For purposes of these Terms, Parent and their Teen Provider are deemed to be Service Providers. By registering your consent as a Parent, you hereby represent, warrant, understand, agree to and accept these Terms and any applicable Additional Terms in their entirety on behalf of yourself and your Teen Provider whether or not you use the Site or Site Services, including without limitation HappyTask’s right to run the verification and background checks described in Section 4 below. You further understand and agree that you will ensure your Teen Provider’s compliance with these Terms and that you are responsible for any noncompliance by your Teen Provider.

If you are a Parent, you also agree that you are responsible for monitoring the account of your Teen Provider as well as your Teen Provider’s activities both on and off the Site, including monitoring who your Teen Provider communicates with and meets both on and off the Site and with whom he or she agrees to provide services.

If you register to use the Site as a Teen Provider, the first time you try to log in to your account after you turn eighteen (18), you will be required to agree to the Terms as in effect at the time, including the consents to run the verification and background checks described in Section 4 below. Once you accept the terms and log in, the parent monitoring functionality of your account will be removed and your Parent Registered User will no longer have access to your account. If you do not agree to the Terms after you turn eighteen (18), HappyTask may terminate your access to all or part of the HappyTask Site, remove your profile and/or any Content posted by or about you from the Site, and/or terminate your registration in HappyTask.com, with or without notice.

3.4. Prohibited Uses

By using the Site or Site Services of HappyTask, you agree that you will not under any circumstances:

– use the Site, Site Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise determined by HappyTask to be objectionable and offensive;

– use the Site or Site Services for any unlawful purpose, for any purpose not expressly intended by HappyTask or for the promotion of illegal activities;

– attempt to, or harass, abuse or harm another person or group;

– use another User’s HappyTask account;

– provide false or inaccurate information when registering an account on HappyTask.com, using the Site Services or communicating with other Registered Users; 

– attempt to re-register with HappyTask if we have terminated your account for any or no reason or terminate your registration and re-register in order to prevent a review from being posted with your account;

– interfere or attempt to interfere with the proper functioning of HappyTask’s Site Services;

– make any automated use of the system or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.

– bypass any robot exclusion headers or other measures we take to restrict access to the Site Service or use any software, technology, or device to scrape, spider, or crawl the Site Service or harvest or manipulate data;

– use the communication systems provided by or contacts made on HappyTask for any commercial solicitation purposes;

– publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our Users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of phone numbers a Client may view or the number of emails or other forms of communication a user may send in any 24-hour period to a number which we deem appropriate in our sole discretion.

Should HappyTask find that you violated the terms of this Section or any terms stated herein, HappyTask reserves the right, at its sole discretion, to immediately terminate your use of the Site and Site Services. By using the Site and/or Services, you agree that HappyTask may assess, and you will be obligated to pay, a $10,000 daily penalty for scraping, either in a manual or automatic manner, Service Provider or Client information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise misusing or misappropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights HappyTask may have under these Terms or applicable law.

Further, to protect the integrity of the Site and the Site Services, HappyTask reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Site.

4. Background and Verification Checks 

4.1 HappyTask May Require and Use Background Checks About You

By using the Site or Site Services as a Client or Service Provider, you hereby acknowledge and agree that HappyTask has the right, but not the obligation, to use a third party reporting agency on an ongoing basis to use your personal information to run periodic background checks on you for the legitimate business purpose of protecting the safety and integrity of our Site and its Users (“Internal Background Checks”). HappyTask may order these checks when you register with HappyTask and thereafter in connection with your continued use of our Services and/or interaction with our Site (such as by contacting or communicating with other members, posting or updating a service or profile, or ordering services, etc.).

These Internal Background Checks are in compliance with, but not regulated by the Fair Credit Reporting Act (the “FCRA”), and the background reports resulting from these services will not be considered “consumer reports” under the FCRA. Internal Background Checks may contain information on your character, general reputation, personal characteristics, and mode of living, including but not limited to consumer credit, criminal history, workers’ compensation, driving, employment, military, civil, and educational data and reports.

You understand and agree that HappyTask may review the information provided by the third-party reporting agency and that HappyTask retains the right to deny or terminate your HappyTask registration based on the information it receives from these checks, even if such information was subsequently dismissed. If HappyTask terminates your membership or access to the Site based on information in a background report, we are not obligated to notify you, but upon written request within 60 days from such denial or termination, will provide you an electronic copy of the report. You hereby represent, understand and expressly agree that HappyTask does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in these checks. Furthermore, any inaccuracies in the report must be addressed with the reporting agency that issued it and not HappyTask.

BY AGREEING TO THESE TERMS AND USING OUR SITE, YOU AGREE TO ALLOW HAPPYTASK TO PERFORM THESE INTERNAL BACKGROUND CHECKS FOR THE PURPOSES DESCRIBED ABOVE. IF YOU DO NOT WANT THESE INTERNAL BACKGROUND CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HAPPYTASK.COM, ITS SITE OR SITE SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE CHECKS TO BE PERFORMED.

4.2 HappyTask May Regularly Verify Your Identity and the Accuracy of Your Representations and Warranties

By registering as a Service Provider or Client, you authorize HappyTask, and acknowledge that for purposes of promoting the safety and integrity of its Site and Site Service, HappyTask reserves the right, but not the obligation, to utilize third party service providers to verify on an ongoing basis that your registration data is accurate and that the representations and warranties in Section 2.2 above addressing legal matters such as complaints, arrests, sex offender status, etc. are also true (“Verification Checks”). These third parties may use data from a variety of sources, under a variety of circumstances, for these site safety purposes including, without limitation, information from national criminal databases, sex offender registries, certain media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, and other data.

You agree that HappyTask may take such action in response to Verification Checks as it deems appropriate in its sole discretion, including without limitation suspending and/or terminating your membership, should it determine that you have violated any representation or warranty or any other provision of these Terms or are otherwise unsuitable for HappyTask.

You also hereby represent, understand and expressly agree that HappyTask does not have control over or assume any responsibility for the quality, accuracy, or reliability of the information included in a Verification Check. We do not typically communicate the results of a Verification Check to any third party, though we reserve the right to do so for law enforcement or other safety-related purposes.

BY AGREEING TO THESE TERMS, YOU AGREE TO ALLOW HAPPYTASK TO PERFORM THE VERIFICATION CHECKS DESCRIBED ABOVE. IF YOU DO NOT WANT THESE VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE HAPPYTASK.COM, ITS SITE OR SITE SERVICES. NO FURTHER CONSENT FROM YOU IS REQUIRED FOR THESE VERIFICATION CHECKS TO BE PERFORMED.

4.4 Special Responsibilities of Clients under FCRA

Client, if you receive a background check directly from an Service Provider, subject to the Service Provider’s explicit instructions about who may have access to such a report, or if Service Provider elects to post such report on their site pages, you warrant that you will use such information only for a purpose permitted by FCRA, and that you will comply with any and all applicable obligations of the FCRA as well as all other applicable consumer reporting laws if such laws apply.

Your responsibilities in using the information contained the background check can be found at https://www.ftc.gov/business-guidance/privacy-security/credit-reporting. FCRA governs the use of reports obtained from a third-party reporting agency.

4.5 Release of Liability for Results of Background Checks, Internal Background Checks, and Verification Checks

HappyTask may conduct an initial Background Check on all newly registered Service Provider Service Providers using a third-party service such as ClearChecks®. The purpose of this Background Check is not for employment purposes, but rather to reasonably aspire to a more secure use of the HappyTask website. By registering as a Service Provider, the Service Provider affirms that they understand and are in compliance with Section 2.2 above. The background report is a reasonable method of confirmation of their compliance to said section. If you decide to rely on our review of compliance based on the information included in a Background Check, you hereby represent, understand and expressly agree that those checks are not always accurate or complete (or based on information that is accurate or complete) and that the specific records searched, and the comprehensiveness of the search, varies by the type of records searched, and the comprehensiveness of the search, varies by the type of Background Check ordered as well as the state and county where the check is performed. For example, many jurisdictions only include felony conviction records (and not, for example, misdemeanor or arrest records) in the national criminal database, which is the only data source utilized for preliminary background checks other than the sexual offender registry. Moreover, some states include only registered sex offenders in that database.

If you decide to access, use, or share information provided by a third party background check, you agree to do so in accordance with applicable law. You also agree to indemnify and hold harmless HappyTask from any loss, liability, damage, or costs that may result from such access, use, or sharing of this information regardless of the cause. HappyTask does not assume and expressly disclaims, and you hereby agree to release HappyTask from, any loss, liability, damage, or costs that may result from the use of information provided in a background report including, without limitation, the inaccuracy or incompleteness of any such information.

You expressly acknowledge that HappyTask has no obligation to perform Background Checks, Internal Background Checks, or Verification Checks on any Client, Service Provider Service Provider or other Registered Users. To the extent HappyTask performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information or affirmations those Users have provided, or of their compliance with Section 2.2 and eligibility to use the Site or Site Services.

5. Termination or Suspension of Registration

Should HappyTask determine that you are not eligible to use the Site or Site Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a User, or have misused or misappropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, HappyTask reserves the right, at its sole discretion, to immediately terminate or suspend your access to all or part of the HappyTask Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HappyTask.com, with or without notice.

In any event, HappyTask also reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the HappyTask Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in HappyTask.com, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination or suspension of any individual’s use of the Site or the Services, HappyTask reserves the right to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

Our decision to terminate or suspend an individual’s registration and/or to notify other Users with whom we believe the individual has corresponded does not constitute, and should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.

6. Privacy

HappyTask will only use the information you provide on the Site or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

7. Links To External Sites

Links from the Site to external sites (including external sites that are framed by HappyTask.com) or inclusion of advertisements do not constitute an endorsement by HappyTask of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements but are for Users’ reference and convenience.

Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. HappyTask does not control such sites and is not responsible for their content. Just because HappyTask has hyperlinks to such sites does not mean that HappyTask endorses any of the material on such sites or has any association with their operators.

Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by HappyTask’s Terms of Use and Privacy Policy. HappyTask expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All Users hereby agree to hold HappyTask harmless from any liability that may result from the use of links that may appear on the Site.

8. Payment And Refund Policy

A Client is not required to pay any fees to become a Registered User of the Site and access the Site Services. A Service Provider is required to pay for costs of a background check and account setup prior to account activation in the form of a fee.

8.1 Client Billing and Payment

Client will make all payments for services directly to HappyTask, and never to Service Providers. At the time of Client registration, Client will be required to register their default payment method credit/debit card with the Site. This credit card information is NOT recorded and maintained on the HappyTask database, but with an accredited third-party payment processor such a Stripe® who is fully compliant with PCI Standards, the same standards and protection used by U.S. Banks.

Upon ordering services, a work order will be generated, and an event will be created and schedule with the Service Provider(s) you requested. Upon arrival to your work site, the Service Provider will log their time via phone app to start work. The Client will be sent a notification to their phone to agree or decline time tracking and work to start for their project. If approved to start by Client, the System will start tracking the time being worked by the Service Provider. Our System will also log the Service Provider’s GPS location if available. When the work is completed, the Service Provider will stop the work time. The Service Provider may also pause the time clock as desired. The Client may also stop the work via phone app at any time. After that calendar day is complete, the System will calculate the total time clocked and create an invoice event. This invoice will be sent to the third-party payment processor who will automatically bill the Client’s default payment method. The Client authorizes HappyTask to charge their default payment method as described above.

8.2 Service Provider Payment Process

Service Provider will receive all payments for services directly from HappyTask, and never from Clients. At the time of Service Provider registration, Service Provider will be required to register their default direct deposit account with the Site. This account information is NOT recorded and maintained on the HappyTask database, but with a third-party payment processor such a Stripe® who is fully compliant with PCI Standards, the same standards and protection used by U.S. Banks.

Upon Client ordering services, a work order will be generated, and an event will be created and schedule with the Service Provider(s) you requested. Upon arrival to your work site, the Service Provider will log their time via phone app to start work. The Client will be sent a notification to their phone to agree or decline time tracking and work to start for their project. If approved to start by Client, the System will start tracking the time being worked by the Service Provider. Our System will also log the Service Provider’s GPS location if available. When the work is completed, the Service Provider will stop the work time. The Service Provider may also pause the time clock as desired. The Client may also stop the work via phone app at any time. After that calendar day is complete, the System will calculate the total time clocked and create an invoice event. This invoice will be sent to the third-party payment processor who will automatically bill the Client’s default payment method. In about three (3) business days after Client’s payment, the third-party payment processor will automatically pay the Service Provider at their stated hourly rate. The Service Provider authorizes HappyTask to process payment and direct deposit funds into their default payment account as described above.

8.3 Disputed Events and Refund Policy

A Client’s right to dispute an invoice event as detailed in Section 8.1 above, is limited to the quantity of recorded hours logged and being billed. The Client may not dispute an event based on the quality of work performed, or any other dissatisfaction with service. If a Client does not dispute an event within 72 hours of payment, then that event will be considered approved by the Client by default.

If the Client disputes an invoice event, HappyTask will review the disputed event, which may include speaking with the Client and Service Provider, examination of the work order, time tracking event logs, notification logs and responses, examination of the Client’s and Service Provider’s User history and reviews, and referencing the GPS data-log as to the location of the Service Provider during the logged times. After the completion of the review, HappyTask will inform the involved parties of its final and binding decision. Client and Service Provider agree that HappyTask will have full authority to determine the final resolve of any single invoiced event disputed with a value of $500 or less. Any disputed event over $500 that cannot be amicably resolved through HappyTask internal mediation between the parties will be arbitrated between the Client and Service Provider through final and binding arbitration, rather than a court, conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). Client and Service Provider hereby agree to the dispute and resolution conditions as stated herein.

Except as set forth above, all payments for Independent Services are non-refundable.

9. Circumvention of Payment Process

To maintain the integrity of our platform and ensure fair compensation for all parties involved, we strictly prohibit any attempts to circumvent HappyTask’s payment process as outlined in Sections 8.1 and 8.2. This includes any actions taken by Service Providers or Clients to evade, avoid, or bypass our established payment procedures.

We kindly ask that both Service Providers and Clients refrain from engaging in any form of collusion or deception aimed at scheduling additional work or facilitating payments outside of the HappyTask platform. Such activities are considered a breach of our Terms of Use and may result in immediate account termination.

By accessing and utilizing our Site and Services, you acknowledge the inherent value they provide. Any attempt to exclude HappyTask from transactions or connections made through our platform, which may prevent us from receiving due compensation, is strictly prohibited. Engaging in such actions may result in liability for any damages incurred by HappyTask.

We strongly encourage all Service Providers and Clients to conduct communications and payments exclusively through our platform. Service Providers should refrain from posting direct contact information on our Site, including phone numbers, email addresses, social media links, physical addresses, web links, or any other means of contact not sanctioned by HappyTask.

In the event of a breach of these terms, HappyTask reserves the right to pursue recovery of damages through the Arbitration process detailed in Section 13. We greatly appreciate your cooperation and adherence to these guidelines, as they help ensure a fair and transparent experience for all users of our platform.

10. Account Cancellation Policy

At HappyTask, we strive to provide a seamless experience for both our independent service providers and clients. We understand that circumstances may change, and you may need to cancel your account with us. This cancellation policy outlines the process and implications of cancelling your HappyTask account.

1. Cancellation: Service Provider or Client may choose to cancel their HappyTask account at any time without incurring any cancellation fees.

2. Data Retention: In accordance with our data retention policy and legal requirements, HappyTask will retain your data for a minimum period of 3 years from the date of cancellation. This data includes but is not limited to personal information, transaction history, and communication records.

3. Client Account Deactivation: Upon cancellation, your account will be deactivated immediately. You will lose access to your HappyTask account, and your profile will no longer be visible on our platform.

4. Service Account Deactivation: If a Service Provider cancels their account, their Business Page will remain accessible to the public for security purposes. The Business Page will be flagged as “Inactive” to inform clients that the Service Provider is no longer active on the HappyTask platform. The “Inactive” Business Page will display the Service Provider’s name, profile picture, and any reviews or ratings they have received during their active period on HappyTask. However, contact information and other personal details will be removed to protect the Service Provider’s privacy. The “Inactive” Business Page will remain accessible for the duration of the 3-year data retention period, after which it will be permanently deleted along with the Service Provider’s other account data.

5. Data Usage: During the data retention period, HappyTask may use your data for the following purposes: a. Legal obligations and compliance b. Fraud prevention and detection c. Resolving disputes and enforcing agreements d. Improving our services and user experience. Your data will not be sold or shared with third parties for marketing purposes during or after the retention period.

6. Reactivation: If you wish to reactivate your HappyTask account within the 3-year data retention period, you may do so by contacting our customer support team. Please note that reactivation is subject to our approval and may require you to update your information.

7. Permanent Deletion: After the 3-year data retention period, your data will be permanently deleted from our systems. Once deleted, your data cannot be recovered, and you will need to create a new account should you wish to use HappyTask services again.

8. Account Creation Restriction: Upon cancellation, both Clients and Service Providers are not permitted to create a new account under their name for a period of 1 year from the date of cancellation. This restriction is in place to maintain the integrity of our platform and prevent abuse. Attempts to circumvent this restriction by creating accounts using false information or aliases will result in permanent ban from HappyTask.

11. Release of Liability for Conduct and Disputes

HappyTask is not an employer of Service Providers. Service Providers are classified as Independent Contractors. Clients may seek the services of a Service Provider using the Site or Site Services, and Service Providers may post profiles and submit hourly rates to Clients regarding their services. Though HappyTask will help mitigate any issues arising between a Client & Service Provider, including without limitation, the services received by the Client, claims of damage, or payment due to the Service Provider, they must ultimately be resolved directly by the Client and the Service Provider. HappyTask will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Site Services, you do hereby represent, understand, and expressly agree to hold HappyTask harmless for any claim or controversy that may arise from any disputes between you and any Client, Service Provider or other User(s) of the Site. You agree to take reasonable safety precautions in all interactions with Clients, Service Providers or other Users of the Site or the Services, particularly if you decide to meet offline. By using the Site or the Site Services, you do hereby agree to report any alleged improprieties of any Users therein to HappyTask immediately by notifying HappyTask of the same via electronic correspondence.

12. Age Restrictions

Except with respect to Teen Providers (as described in Section 3.3), HappyTask is intended for people 18 or over. Clients and Service Providers should monitor children’s use of the Internet and deny access to the Site to anyone under the age of 18. HappyTask will not knowingly collect any information from individuals under 13. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Site. Should we determine that you do not meet the age requirements for using our Site or Site Services, your registration will be terminated immediately.

13. Disclaimers; Limitations; Waivers; Indemnification

11.1. No Warranty

The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by HappyTask, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HAPPYTASK DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN HAPPYTASK; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HAPPYTASK EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS, WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION AND WITHOUT LIMITING THE FOREGOING, HAPPYTASK MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS AN INDEPENDENT SERVICE PROVIDER OR TO ENGAGE THE SERVICES OF A SERVICE PROVIDER.

13.2. Assumption of Risk

You assume all risk when using the Site and the Site Services, including but not limited to all the risks with any online or offline interactions with Users of the Site or the Site Services. You agree to take all necessary safety precautions when interacting with other site visitors or Users.

13.2.1 Client Risk Management

In addition to all reasonable risk precautions made by Client, Client should assume risk if any of the following occur:

1. Client failed to report the claim within seventy-two (72) hours after Service appointment:

2. Client’s account with the HappyTask is not in good standing and/or you have outstanding balances owed to the Company;

3. Client failed to identify fragile and other breakable items and/or communicate the location and identity of those items to their Service Provider prior to the start of the Service;

4. Client failed to account for and secure all valuables prior to the start of the Service;

5. Client’s losses of merchandise;

6. All losses arising out of acts of nature;

7. Losses for property damage exceeding the original value and/or replacement value for such property, less any standard depreciation;

8. All losses arising from flooding and/or water damage including mold, fungi or bacteria;

9. Losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);

10. Losses related to repairs outside of the area where the Service was performed; and

11. losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items.

13.2.2 Theft

HappyTask does not assume liability for any claims of property theft by a Service Provider or Client. In the event of an alleged theft, the aggrieved party is advised to contact law enforcement if the issue cannot be resolved through arbitration or other appropriate measures.

13.3. Limitation of Liability

Incidental Damages and Aggregate Liability. In no event will HappyTask be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Site Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Site Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if HappyTask, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL HAPPYTASK’s AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU THROUGH YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID HAPPYTASK FOR THE USE OF ANY SERVICES, THE AMOUNT OF $100.00 OR ITS EQUIVALENT.

No Liability for non-HappyTask Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HAPPYTASK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. HappyTask makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.

13.4. Indemnification

By agreeing to these Terms, Users of the Site and Site Services agree to indemnify, defend and hold harmless HappyTask and its Affiliates from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by HappyTask and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site or Services by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. HappyTask and its Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users, and Users shall not, in any event, settle any claim or matter without the written consent of HappyTask. Users further agree to hold harmless HappyTask and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that Users post to the Site.

14. Copyright Notices/Complaints

It is HappyTask’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting HappyTask and providing the following information:

– Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.  

– Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

– Your name, address, telephone number and e-mail address.  

– A statement that you have a good faith belief that the complained of use of the  materials is not authorized by the copyright owner, its agent, or the law.  

– A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.  

– A signature or the electronic equivalent from the copyright holder or authorized representative.  

Happy Task LLC

8020 S. Rainbow Blvd, Ste 100-117

Las Vegas, NV 89139

15. Agreement to Arbitrate

15.1 Agreement to Arbitrate

This Section 13 is referred to in these Terms as the “Arbitration Agreement”. You agree that any and all disputes or claims that have arisen or may arise between you and HappyTask or a HappyTask Affiliate, whether relating to these Terms (including any alleged breach thereof), the Site Services, the Site, or otherwise, shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

15.2 Prohibition of Class and Representative Actions and Non-Individualized Relief

YOU AND HAPPYTASK AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND HAPPYTASK AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER HAPPYTASK USERS.

15.3 Pre- Arbitration Dispute Resolution

HappyTask is always interested in resolving disputes amicably and efficiently. So before you commence arbitration, we suggest that you contact us to explain your complaint, as we may be able to resolve it without the need for arbitration. You may contact us via email at legal@HappyTask.com or at Happy Task LLC., Attn: Legal Department, 8020 S. Rainbow Blvd, Ste 100-117, Las Vegas, NV 89139

15.4 Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA’s Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, http://www.adr.org/consumer. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 11. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.

To commence an arbitration against Happy Task LLC, you must complete a short form, submit it to the AAA, and send a copy to HappyTask at Happy Task LLC., Attn: Legal Department, 8020 S. Rainbow Blvd, Ste 100-117, Las Vegas, NV 89139. For more information, see the AAA’s claim filing page, http://www.adr.org/fileacase. You may represent yourself in the arbitration or be represented by an attorney or another representative. Once we receive your arbitration claim, we may assert any counterclaims we may have against you.

The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Happy Task LLC may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Happy Task LLC subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Happy Task LLC, unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Georgia, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different HappyTask Users, but is bound by rulings in prior arbitrations involving the same HappyTask user to the extent required by applicable law.

15.5 Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA’s Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, HappyTask will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, HappyTask will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Happy Task LLC for all fees incurred with the arbitration paid by Happy Task LLC on your behalf that you otherwise would be obligated to pay under the AAA’s rules.

15.6 Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

15.7 Severability

If a court decides that any term or provision of this Arbitration Agreement other than Section 13.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 13.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.

15.8 Future Changes to this Arbitration Agreement

Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against HappyTask prior to the effective date of the change. Moreover, if we seek to terminate this Arbitration Agreement from these Terms, such termination shall not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Site, and shall not be effective as to any claim that was filed in a legal proceeding against HappyTask prior to the effective date of removal.

16. Governing Law and Jurisdiction

These Terms, and any dispute between you and Happy Task LLC, shall be governed by the laws of the State of Nevada without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of Section 13, the Arbitration Agreement. Unless you and we agree otherwise, in the event that the Arbitration Agreement 13 is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Happy Task LLC must be resolved exclusively by a state or federal court located in the State of Nevada. You and Happy Task LLC agree to submit to the personal jurisdiction of the courts located within the State of Nevada for the purpose of litigating all such claims or disputes.

17. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate (as defined in Section 1.2) is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.

18. Contact Information

If you have any questions or need further information as to the Site or Site Services provided by HappyTask.com, or need to notify HappyTask as to any matters relating to the Site or Site Services, please contact HappyTask at:

Happy Task LLC, 8020 S. Rainbow Blvd, Ste 100-117, Las Vegas, NV 89139, USA

more@happytask.com