Last Modified: May 18, 2021
This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
The term “Services” as used in this Agreement means all interactions, and services owned, offered, or operated by Offerpad, including the content, features, data, software and information made available or gathered through the Website or any related, mobile applications, other websites, or in-person interactions relating to or with the Company.
Accessing the Website; Updates
We reserve the right to withdraw or amend this Website, and any Service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the term The Bench and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
If you desire to submit your profile for consideration by the Company, on behalf of the Company’s customers and clients, you will be required to register for use of the related Services. In the event the Services require registration prior to access/submission of your profile, you agree to provide accurate, current, and complete information. Some examples of information we may request for registration include your name, address, telephone number, email address, experience, independent contractor classification information, portfolio and other related personal information. We may also require you to keep such information accurate and complete by promptly updating us when the information changes. Such registration may including additional agreements with the Company and any related terms, conditions and obligations related to the Website or our Services may be incorporated herein by reference.
You may not sell, transfer, or assign your account after registration. You alone are responsible for securing your login credentials to protect your account and information associated with your account. You are responsible for all activity caused by anyone logged into your account. You agree to notify us immediately at firstname.lastname@example.org if you suspect unauthorized use of your account or your login credentials have been compromised.
Additionally, by registering and submitting your profile, you agree that You, whether directly or indirectly, will not: (a) contact or actively solicit any of the Company’s other users, independent contractors, customers or clients with respect to any further transactions or engagement; or (b) circumvent the Company or otherwise enter into any agreement, engagement, or other like contract with the Company’s other users, independent contractors, customers or clients.
No offering or use of Services or any term in this Agreement creates any agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship, including if after registration the Company deems you qualified for consideration for customer or client project engagement.
Warranties by User
You represent and warrant to the Company that:
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
In no event shall the Company be liable for any damages, including without limitation direct, indirect, special, incidental, consequential damages, losses, or expenses arising in connection with your use of our Services or content or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, or system failure in any way related to our Services or content, including but not limited to the inaccuracy of any profile information, project, reports, tools, analyses, agreements, or forms available through our Services.
You agree that neither the Company, its affiliates, its clients or customers, nor any of their respective employees or agents involved in the creation, production, and distribution of our Services, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive, or otherwise), injury, claim, liability, or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of our Services, including but not limited to any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that the Company is not liable or responsible for any defamatory, offensive, or illegal conduct of third parties.
Governing Law and Jurisdiction
No Legal Advice
You should obtain services of a competent professional if you require legal, tax, or other professional assistance including the review of agreements and forms made available to you through our Services, including as may relate to your registration and submission of your profile. The Company does not offer legal, tax, or other professional services.
The provisions of this Agreement are severable. In the event any provision of this Agreement is unenforceable, then that provision is severable from this Agreement. Unenforceability of a provision of this agreement shall not affect the validity and enforceability of any remaining provisions.
We may assign our rights or obligations under this Agreement to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement without the prior written consent of the Company.
Consent to Communications
If you provide, or have provided, a telephone number, email address, or other means of contact, to us, you expressly agree that we may contact you utilizing such information, in order to provide you with informational and service messages, including as may relate to potential consideration or engagement on a project. You represent and warrant that you are the authorized subscriber for the contact information you have provided. Please be aware that we may record or monitor telephone calls for quality assurance or training purposes.