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Terms of Use for Contractors

Last Revised Date: January 4, 2024

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms"), including the govern your access to, use of, and participation in the Platform made available by iContractor or any of its subsidiaries (collectively, and including such entities operating under any other names , "icontractor”," "we," "our," or "us") or through iContractor and the entirety of your relationship with iContractor. YOU UNDERSTAND AND AUTHORIZE ICONTRACTOR TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

iContractor reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. iContractor will notify you of changes by posting on the website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Icontractor’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ELIGIBILITY, SERVICE PROFESSIONAL REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements. By registering or using the Platform to offer, post, or provide Pro Services, Service Professionals represent and warrant that they, and the employees, agents, suppliers contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing. Service Professionals otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform. iContractor does not sell or otherwise provide Pro Services. iContractor may directly provide home project consultations and related on-Platform services to Consumers, but any Pro Services solicited as a result of any such consultations or on-Platform services are provided by an independent Service Professional without any representation or warranty from iContractor other than as expressly provided for herein. iContractor also facilitates Pro Service transactions, which facilitation may include displaying a list of Service Professionals profiles, allowing Consumers and Service Professionals to send messages to each other, allowing for the booking of an appointment for the provision of Pro Services, assisting in the selection of a Service Professional for certain Consumers, and processing payment for certain Pro Services. Consumers understand that any such facilitation does not constitute a warranty in relation to the Pro Services. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services. Consumers understand that any Pro Services they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Pro Services. Service Professionals understand and agree that they are customers of iContractor, and are not iContractor employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Icontractordoes not control, and has no right to control, the services a Service Professional provides (including the details of how the Service Professional provides such services) if the Service Professional is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform. iContractor, as permitted by applicable laws, obtains reports regarding Service Professionals, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Service Professional’s account based on the results of such a report, without or without notice. As a Service Professional, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from iContractor vendors. Service Professionals agree to inform iContractor of any material criminal convictions that occur after any such reports are run.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your iContractor password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify iContractor immediately of any unauthorized use. iContractor is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of iContractor or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Icontractor’s written permission and in accordance with iContractor policies and procedures.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, iContractor grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by iContractor or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. The contents of private messaging through the Platform will not be used by iContractor in public advertising. By making available any User Content on or through the Platform, you hereby grant to iContractor a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market or advertise the Platform or Pro Services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to iContractor will survive termination of the Platform or your Account. Icontractordoes not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you. You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to iContractor the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Icontractor’s use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third-party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While iContractor has no obligation to do so, you agree that iContractor may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms. iContractor reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason.

PROHIBITIONS

As a User of the Platform, you may not:

  • Use another person's Account, misrepresent yourself or Pro Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without iContractor prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (iContractor reserves the right to revoke these exceptions either generally or in specific cases);
  • Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
  • Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm iContractor or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
  • Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay iContractor for access to services provided by the Platform or by Service Professionals;
  • Recruit, solicit, or contact in any form Service Professionals or Consumers for employment or any other use not specifically intended by the Platform;
  • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that
  • Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
  • Attempt to indirectly undertake any of the foregoing.

ICONTRACTOR PROMOTIONS

You may receive certain offers from iContractor (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period, discounts on or credits towards payments made for Pro Services, and discounts or credits in relation to referrals. Any Promotions are offered at Icontractor’s discretion, and may be revoked at any time and for any reason. Note that any attempt (as determined by iContractor in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts. You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from iContractor offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with iContractor. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project). Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Icontractormay revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

SPONSORED INFORMATION

iContractor may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Service Professionals may compensate iContractor to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. iContractor may impose certain quality-related standards for Service Professionals to qualify as for a search rankings boost, which standards may be enforced and/or changed at any time. DISPUTES BETWEEN OR AMONG USERS iContractor values our Service Professionals and Consumers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Icontractor’s request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by iContractor or a neutral third-party mediator or arbitrator selected by Icontractor’s. Notwithstanding the foregoing, you acknowledge and agree that iContractor is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning iContractor or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against iContractor and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders.

NO ENDORSEMENT OR WARRANTY

iContractor does not endorse, warrant or make any representation (except those expressly and unambiguously made by iContractor directly on the Platform) concerning any User, or any Pro Services, and iContractor is not a party to any agreements between or among users, Users, or third-parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither iContractor nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although iContractor may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific iContractor services they are using or any involvement by iContractor personnel in providing or scheduling those services. iContractor may provide tips, lists, suggestions or similar content (collectively, “Home Care Tips”) concerning popular home maintenance or improvement projects. Following Home Care Tips may help mitigate common home maintenance and safety issues, but Home Care Tips are not comprehensive, nor are they tailored to any User’s specific home. Any advice given in connection with Home Care Tips is provided based on generalized, public knowledge concerning home maintenance and safety and is not provided by experts. Home Care Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. iContractor disclaims any warranties or representations with respect to Home Care Tips. Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. iContractor does not background every Service Professional that may provide Pro Services. Any such description is not an endorsement, certification or guarantee by iContractor and is not verification of a Service Professional’s identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. iContractor offers a non-exhaustive list of safety tips to consider when hiring a Service Professional. Except as specifically described in the iContractor Guarantee and including its exclusions and limitations, iContractor has no responsibility for any damage or harm resulting from your interactions with other Users. The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by iContractor We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk. By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from iContractor with respect to such actions or omissions.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your iContractor Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from iContractor support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.

DISCLAIMERS

YOUR USE OF THE PLATFORM, PRO SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ICONTRACTOR DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO SERVICE PROFESSIONALS AND CONSUMERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ICONTRACTOR AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. ICONTRACTOR MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ICONTRACTOR ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. ICONTRACTOR WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ICONTRACTOR OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, SERVICE PROFESSIONALS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT ICONTRACTOR DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY PRO SERVICES. ICONTRACTOR MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE PRO SERVICES. ICONTRACTOR EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES. ICONTRACTOR MAY PROVIDE TO SERVICE PROFESSIONALS PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND ICONTRACTOR MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF ICONTRACTOR OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER ICONTRACTOR NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ICONTRACTOR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM. IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF ICONTRACTOR AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY PRO SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO ICONTRACTOR BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.