TERMS OF SERVICE POLICY
AGREEMENT TERMS AND CONDITIONS MEMBER CONDUCT MEMBERSHIP ELIGIBILITY PAYMENT TERMS POSTING PROJECTS SERVICE PROVIDERS' RESPONSIBILITIES RELEASE CONTENTS OF MESSAGES ACCOUNT AND PASSWORD LINKS UNLAWFUL OR PROHIBITED USE RIGHTS GRANTED TO High 5 Service RELATIONSHIP OF THE PARTIES TERMINATION COPYRIGHT AND TRADEMARKS PROMOTIONAL MESSAGES GOVERNING LAW ARBITRATION SEVERABILITY SURVIVABILITY FORCE MAJEURE INDEMNIFICATION HEADINGS ASSIGNMENT ENTIRE AGREEMENT MODIFICATION OF TERMS
AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use of High5Service.com ("High 5 Service"). YOUR USE OF THE High 5 Service SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.
top
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the site, or accept the services or benefits, to which such terms apply. High 5 Service reserves the right to modify or discontinue this Site, and the services available at the Site, without notice or liability to you. Furthermore, we reserve the right to remove any listings, advertisements or memberships for any reason, at our sole discretion.
MEMBER CONDUCT
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. You agree that you will not release any personal or business contact information until after the project has been awarded. You may only upload content that belongs solely to you. You agree that you will not upload any content that violates any third party's rights based on copyright or trademark law.
MEMBERSHIP ELIGIBILITY
You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. You agree to supply High 5 Service with a current and truthful name, postal address, and telephone number for our records, and you have a continued obligation to keep this information current. High 5 Service has the right to refuse you any and all current or future use of the High 5 Service services should High 5 Service discover, or have reasonable grounds to suspect, that any information provided by you is not true, current or complete. Your account may not be transferred or sold to another party.
PAYMENT TERMS
We offer two types of memberships to service providers, Basic and Elite, with payments for either being made on a monthly, quarterly or yearly basis. Basic members may only bid on basic projects, but an Elite member may bid on elite projects (in the subscribed category) as well as on basic category projects. A Basic member, including all categories except the Elite services, may pay either twenty-five ($25) dollars monthly, sixty-three dollars and seventy-five cents ($63.75) quarterly, or two hundred twenty-five ($225) dollars annually.
Elite members will pay based on the category(ies) subscribed to as follows:
Catregory
Monthly
Quaterly
Annualy
Web Design & Development
$40.00
$102.00
$360.00
Software & Technology
Business Strategy
$30.00
$76.50
$270.00
Graphic Design & Multimedia
Accounting & Finance
$25.00
$63.75
$225.00
Administrative Support
Legal
Writing & Translation
All payments shall be made through www.Paypal.com .
If you are chosen as the winning bid for a job and you accept the job, you will be charged six percent (6%) of the bid or five ($5) dollars, whichever is greater. High 5 Service will collect a deposit of three (3%) percent of the bid amount or five ($5) dollars, whichever is greater, from the service provider when the service provider attempts to accept a project. The remaining balance of the money owed to High 5 Service is due thirty (30) days after the project is accepted. High 5 Service will issue an invoice to the service provider for this remaining balance. High 5 Service will refund the deposit if consumer does not proceed with the project.
There is no charge to post a project.
Payments for projects will be made by the consumer to the service provider. High 5 Service is not involved in the payment transaction between consumer and service provider.
High 5 Service reserves the right to change prices at any time.
POSTING PROJECTS
All postings with want ads or links to your web site are not permitted and will be ended. Postings that promote giveaways, random drawings or prizes are not permitted and will be ended. Postings that attempt to circumvent High 5 Service's fees are not permitted and will be ended. Postings that contain profanity or material which High 5 Service, in its sole discretion, considers to be pornographic or explicit are not permitted and will be ended.
It is your responsibility to prescreen the service providers before awarding a project. Furthermore, it is your responsibility to ensure that the service provider meets any and all qualifications (including having the proper licenses, permits or insurance) for performing the job or project you have posted.
SERVICE PROVIDERS' RESPONSIBILITIES
You are not an employee of High 5 Service. Therefore it is your responsibility to claim any income earned using High 5 Service. Furthermore, High 5 Service will not send invoices, set payment terms, collect or ensure payments or send tax documents.
When bidding, you must place a realistic monetary bid on the project; you may not offer your services in exchange for positive feedback or for free.
If you are chosen as the winner of a project, you should accept or decline that project within forty-eight (48) hours.
RELEASE
High 5 Service is not involved in the actual transaction between the parties. As a result, High 5 Service has no control over the quality, safety or legality of the transaction or the work being performed, the truth or accuracy of the postings, the ability of the consumer to pay for services or the ability of service providers to complete jobs or projects. High 5 Service cannot and does not confirm each user’s purported identity. Any contracts, agreements or decisions you enter into are between the consumer and the service provider. In the event that you have a dispute with one or more users, you release High 5 Service (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use High 5 Service for chain letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use High 5 Service to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. High 5 Service reserves the right to terminate User’s account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify High 5 Service of any unauthorized use of your account.
LINKS
The links on the High 5 Service web site may let you leave the High 5 Service web site. You acknowledge that the linked sites are not under the control of High 5 Service and High 5 Service is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. High 5 Service is not responsible for web casting or any other form of transmission received from any linked site. High 5 Service is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by High 5 Service of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the High 5 Service web site you warrant to High 5 Service that you will not use the High 5 Service web site for any unlawful purpose.
RIGHTS GRANTED TO High 5 Service
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the High 5 Service web site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant High 5 Service the licenses set forth below. You hereby grant High 5 Service and its affiliated companies permission to: 1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication. 2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. 3. Publish your name in connection with any such communication. The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to High 5 Service’s or its sub- licensee’s use of the materials contained within such communication. High 5 Service is under no obligation to post or use any materials you may provide, and may remove such materials at any time in High 5 Service’s sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.Service Providers may cancel their subscription at any time by providing written notice to High 5 Service.
TERMINATION
THE SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. High 5 Service EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE High 5 Service SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY High 5 Service, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL High 5 Service, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE High 5 Service SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE High 5 Service SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO High 5 Service RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT High 5 Service IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM High 5 Service AND ITS AFFILIATES. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100). THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the High 5 Service web site are proprietary to High 5 Service, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. High 5 Service reserves any rights not expressly granted herein.
PROMOTIONAL MESSAGES
High 5 Service and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail will be sent to mailbox(es) as submitted by User upon sign up. High 5 Service does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that High 5 Service shall not have any liability with respect thereto.
GOVERNING LAW
Michigan law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of Michigan or to any Federal Court located within the State of Michigan.
ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Michigan, as the parties to this agreement agree to be governed by the laws of Michigan. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Michigan necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney’s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of Michigan with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand ($1000) dollars.
SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of High 5 Service, High 5 Service is unable to perform in whole or in part its obligations as set forth in this Agreement, then High 5 Service shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make High 5 Service liable to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless High 5 Service against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of these Terms and Conditions or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with High 5 Service.
HEADING
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
ASSIGNMENT
In the event of a merger or consolidation of High 5 Service, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
High 5 Service reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the High 5 Service web site. You are responsible for regularly reviewing these documents. Continued use of the High 5 Service web site after any such changes shall constitute your consent to such changes. High 5 Service does not and will not assume any obligation to notify you of any changes to the Terms of Service.
forgot password
