The entity you are contracting with is Hello Jeffrey Inc., PO Box 464, Babylon, NY 11795 if you reside in the United States and if you reside in any other country.This User Agreement is effective upon acceptance for users who accept it through registration of a Hello Jeffrey account or other electronic click-through on August 1, 2014. There are no previous amendments to this User Agreement.
Please be advised that this User Agreement contains provisions that govern how claims you and we have against each other are resolved (see Disclaimer of Warranties; Limitation of Liability and Legal Disputes provisions below). It also contains an Agreement to Arbitrate, which will, with limited exception, require you to submit claims you have against us to binding and final arbitration, unless you opt-out of the Agreement to Arbitrate (see Legal Disputes, Section B ("Agreement to Arbitrate")). Unless you opt-out: (1) you will only be permitted to pursue claims against us 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.
About Hello Jeffrey
Hello Jeffrey is a marketplace that allows users to post events allowing other users to commit for hire for specified job functions in a variety of pricing formats and locations. As a marketplace, Hello Jeffrey does not take ownership or responsibility for items listed on this site, so the actual contract for hire is directly between the hosts and staff. Hello Jeffrey is not a traditional auctioneer.
While we may provide pricing, quantities, and other guidance in our Services, such guidance is solely informational and you may choose not to follow it. Also, while we may help facilitate the resolution of disputes through various programs, Hello Jeffrey has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users' content or listings; the ability of user to host events; the ability of staff to work at events; or that a host or staff will actually complete a transaction.
Using Hello Jeffrey
While using or accessing the Services you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot contact the seller (see our Unpaid item policy);
- fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or you cannot contact the buyer;
- manipulate the price of any item or interfere with other user's listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems (see about our Feedback policies);
- transfer your Hello Jeffrey account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Hello Jeffrey, or the interests or property of Hello Jeffrey users;
- use any robot, spider, scraper or other automated means to access our Services for any purpose;
- bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any Hello Jeffrey application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- copy, modify, or distribute rights or content from our Services or Hello Jeffrey's copyrights and trademarks;
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our sites, services, applications, or tools without the prior express written permission of Hello Jeffrey and the appropriate third party, as applicable;
- commercialize any Hello Jeffrey application or any information or software associated with such application; or
- harvest or otherwise collect information about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
Abusing Hello Jeffrey
Without limiting other remedies, we may, limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our Services if:
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the Hello Jeffrey community or reduce our or another Hello Jeffrey user's exposure to financial liabilities
- we think that you are infringing the rights of third parties;
- we think that you are acting inconsistently with the letter or spirit of this User Agreement or our policies;
- despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
When a host or staff issue arises we may consider the user's performance history and the specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement and to do the right thing for both buyers and sellers.
When listing an item, you agree to comply with rules for listing and Hosting Practices policy and that:
- You are responsible for the accuracy and content of the listing and work offered.
- Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances). Hello Jeffrey can't guarantee exact listing durations.
- We strive to create a marketplace where users find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- staff's location, search query, browsing site, and history;
- event's location, listing format, price, terms of service, start time, history, and relevance to the user query;
- Host's history, Detailed Host Ratings, and Feedback; and
- Number of listings matching the staff's query.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the host. Some advanced listing upgrades will only be visible on certain Services.Hello Jeffrey's Duplicate Listing Policy may also affect whether your listing appears in search results.
When working an event, you agree to the rules for staff and that:
- You are responsible for reading the full event listing before making a bid or commitment to work.
- You enter into a legally binding contract when you commit for hire to work an event or if you have the winning bid for work (or your bid is otherwise accepted.
- Hello Jeffrey is not a staffing company and we do not hire directly or on behalf of an event host. The legal relationship is lies solely on the event host and hired staff
When providing us with content or posting content using Hello Jeffrey's Services, you grant us a non- exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sub-licensees or assignees.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
- We may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including Hello Jeffrey users).
- You may use catalog content solely in connection with your Hello Jeffrey listings.
- While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogues.
- The catalog may include copyrighted, trademarked or other proprietary materials.
- You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Notice for Claims of Intellectual Property Violations and Copyright Infringement Pursuant to Section 512(c) of Title 17 of the United States Code. We respond to notices of alleged copyright infringement as required by the United States Digital Millennium Copyright Act. Learn how to submit a notice to Hello Jeffrey.
To protect against the risk of liability, Hello Jeffrey has at times requested, and may continue to request, that PayPal restrict access to funds in a seller's PayPal account based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a Hello Jeffrey Buyer Protection case. This may result in PayPal determining to restrict funds in your PayPal account in order to manage PayPal's risk exposure pursuant to PayPal policies.
Authorization to Contact You
- To contact you for reasons relating to your account or your use of our Services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the communications preference section of your Hello Jeffrey Profile.
- We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
Hello Jeffrey Staff Protection
Most Hello Jeffrey sales go smoothly, but if there's a problem with an event, Hello Jeffrey Staff Protection helps event hosts and staff communicate and resolve issues. Event hosts and staff agree to comply with the policy and permit us to make a final decision on any Hello Jeffrey Staff Protection case.If a seller is required to reimburse the buyer or Hello Jeffrey for an Hello Jeffrey Buyer Protection case, the seller authorizes Hello Jeffrey to remove the reimbursement amount (in same or other currency) from their PayPal account. The seller is required to have a valid payment method on file. If there are insufficient funds in the PayPal account, the seller authorizes Hello Jeffrey to charge any reimbursement amount owed to the payment method on file. We may also place the reimbursement amount on the seller's invoice. If seller does not provide Hello Jeffrey with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.We may suspend the Hello Jeffrey Buyer Protection policy without notice if we suspect abuse or interference with the proper working of the policy.
Disclaimer of Warranties; Limitation of Liability
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Bid update and other notification functionality in Hello Jeffrey's applications may not occur in real time. Such functionality is subject to delays beyond Hello Jeffrey's control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an "AS IS" and "AS AVAILABLE" basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold Hello Jeffrey responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our Services;
- pricing, shipping or other guidance provided by Hello Jeffrey;
- delays or disruptions in our Services;
- viruses or other malicious software obtained by accessing, or linking to, our Services;
- glitches, bugs, errors, or inaccuracies of any kind in our Services;
- damage to your hardware device from the use of any Hello Jeffrey Service;
- the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing Hello Jeffrey section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the Hello Jeffrey Buyer Protection Policy up to the price the item sold for on Hello Jeffrey (including any applicable sales tax) and its original shipping costs, (b) the amount of fees in dispute not to exceed the total fees, which you paid to us in the 12 months prior to the action giving rise to the liability, or (c) $100.
If you have a dispute with one or more users, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach this Agreement, your improper use of Hello Jeffrey's Services or your breach of any law or the rights of a third party.
You and Hello Jeffrey agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Hello Jeffrey User Agreement your use of or access to Hello Jeffrey's sites, services, applications, and tools, or any products or services sold or purchased through Hello Jeffrey's sites, services, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.
You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern the User Agreement and any claim or dispute that has arisen or may arise between you and Hello Jeffrey, except as otherwise stated in the User Agreement.
Agreement to Arbitrate
You and Hello Jeffrey each agree that any and all disputes or claims that have arisen or may arise between you and Hello Jeffrey relating in any way to or arising out of this or previous versions of the User Agreement, your use of or access to Hello Jeffrey's Services, or any products or services sold, offered, or purchased through Hello Jeffrey's Services shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions and Non-Individualized ReliefYOU AND HELLO JEFFREY 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 HELLO JEFFREY 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 HELLO JEFFREY USERS.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the User Agreement as a court would.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of the Agreement to Arbitrate or User Agreement is void or voidable.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: Hello Jeffrey, Inc. c/o National Registered Agents, Inc., 2778 W. Shady Bend Lane, Lehi, UT 84043. 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 Hello Jeffrey may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Hello Jeffrey subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or Hello Jeffrey, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, 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 Hello Jeffrey users, but is bound by rulings in prior arbitrations involving the same Hello Jeffrey user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Costs of Arbitration
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, at your request, Hello Jeffrey will pay all filing, administration, and arbitrator fees associated with the arbitration. Any request for payment of fees by Hello Jeffrey should be submitted by mail to the AAA along with your Demand for Arbitration and Hello Jeffrey will make arrangements to pay all necessary fees directly to the AAA. If the value of the relief sought is more than $10,000 and you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Hello Jeffrey will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Hello Jeffrey for all fees associated with the arbitration paid by Hello Jeffrey on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
With the exception of any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief"), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in Section 1 of this Agreement to Arbitrate ("Prohibition of Class and Representative Actions and Non-Individualized Relief") is invalid or unenforceable, then the entirety of this Agreement to Arbitrate shall be null and void. The remainder of the Agreement and its Legal Disputes Section will continue to apply.
IF YOU ARE A NEW HELLO JEFFREY USER, YOU CAN CHOOSE TO REJECT THIS AGREEMENT TO ARBITRATE ("OPT-OUT") BY MAILING US A WRITTEN OPT-OUT NOTICE ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE POSTMARKED NO LATER THAN 30 DAYS AFTER THE DATE YOU ACCEPT THE USER AGREEMENT FOR THE FIRST TIME. YOU MUST MAIL THE OPT-OUT NOTICE TO SOUTHSIDE BOYS, LLC., ATTN: LITIGATION DEPARTMENT, RE: OPT-OUT NOTICE, PO BOX 464, BABYLON, NY 11795.For your convenience, we are providing an Opt-Out Notice form you must complete and mail to opt out of the Agreement to Arbitrate. You must complete the Opt Out Notice form by providing the information called for in the form, including your name, address (including street address, city, state and zip code), and the user ID(s) and email address(es) associated with the Hello Jeffrey account(s) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt-out of the Agreement to Arbitrate. If you opt-out of the Agreement to Arbitrate, all other parts of the Agreement and its Legal Disputes Section will continue to apply to you. Opting out of this Agreement to Arbitrate has no effect on any previous, other, or future arbitration agreements that you may have with us.
Future Changes to the Agreement to Arbitrate
Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make any change to this Agreement to Arbitrate (other than a change to any notice address or site link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Hello Jeffrey prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between you and Hello Jeffrey. We will notify you of changes to this Agreement to Arbitrate by posting the amended terms on www.hellojeffrey.com at least 30 days before the effective date of the changes and by providing notice through the Hello Jeffrey Message Center and/or by email. If you do not agree to these amended terms, you may close your account within the 30 day period and you will not be bound by the new terms.Moreover, if we seek to terminate the Agreement to Arbitrate as included in the User Agreement, any such termination shall not be effective until 30 days after the version of the User Agreement not containing the Agreement to Arbitrate is posted to http:// www.hellojeffrey.com, and shall not be effective as to any claim that was filed in a legal proceeding against Hello Jeffrey prior to the effective date of termination.
Judicial Forum for Legal Disputes
Unless you and we agree otherwise, in the event that the Agreement to Arbitrate above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Agreement to Arbitrate 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 Hello Jeffrey must be resolved exclusively by a state or federal court located in Suffolk County, New York. You and Hello Jeffrey agree to submit to the personal jurisdiction of the courts located within Suffolk County, New York for the purpose of litigating all such claims or disputes.
Southside Boys, LLC DBA Hello Jeffrey is located at PO Box 464, Babylon, NY 11795. If any provision of this User Agreement is held to be invalid, void or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions. In our sole discretion, we may assign this User Agreement, by providing notice of such assignment in accordance with the Notices Section.Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
We may amend this User Agreement at any time by posting the amended terms on www.hellojeffrey.com. Our right to amend the User Agreement includes the right to modify, add to, or remove terms in the User Agreement. Except as stated otherwise in this User Agreement or elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the Hello Jeffrey Message Center and/or by email. We may also ask you to acknowledge your acceptance of the User Agreement through an electronic click-through. This User Agreement may not otherwise be amended except through mutual agreement by you and an Hello Jeffrey representative who intends to amend this User Agreement and is duly authorized to agree to such an amendment.
The policies posted on our sites may be changed from time to time. Changes take effect when we post them on the Hello Jeffrey site.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
The following Sections survive any termination of this User Agreement: Fees, Content, Disclaimer of Warranties; Limitation of Liability; Indemnity, and Legal Disputes.