Listacker is a service that connects customers with local professionals for a variety of services, including home improvement, personal events, and business services. Listacker's terms and conditions outline the terms under which the service is provided and the rights and responsibilities of both customers and professionals.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

Acceptance of these Terms:

This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Platform made available by Listacker, Inc. or any of its subsidiaries (collectively, and including such entities operating under any other names (including Setter), "Listacker," "we," "our," or "us") or through Listacker and the entirety of your relationship with Listacker. YOU UNDERSTAND AND AUTHORIZE Listacker 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.

Eligibility:

The Listacker app is intended for use by individuals who are at least 18 years old. If you are under 18, you may not use the Listacker app. By using the Listacker app, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement.

Account Registration:

In order to use the Listacker app, you must create an account and provide certain personal information, including your name, email address, and phone number. You are responsible for maintaining the confidentiality of your account and for all activity that occurs under your account. You must notify Listacker immediately if you suspect any unauthorized use of your account.

Service professionals:

Listacker allows service professionals to create profiles and offer their services to customers. Service professionals are responsible for the accuracy and completeness of their profiles and for ensuring that they have all necessary licenses and certifications to perform their services. Listacker does not endorse any particular service professional and is not responsible for the quality of services provided by service professionals.

Customer responsibilities:

As a customer, you are responsible for carefully reviewing the profiles and qualifications of service professionals and for selecting a service professional who is qualified to meet your needs. You are also responsible for negotiating the terms and payment for services directly with the service professional. Listacker is not responsible for disputes between customers and service professionals.

Disclaimer of warranties:

As a customer, you are responsible for carefully reviewing the profiles and qualifications of service professionals and for selecting a service professional who is qualified to meet your needs. You are also responsible for negotiating the terms and payment for services directly with the service professional. Listacker is not responsible for disputes between customers and service professionals.

Indemnification:

You agree to indemnify and hold Listacker and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Listacker app, your violation of these terms and conditions, or your violation of any rights of another.

Governing law:

These terms and conditions and your use of the Listacker app shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law.

Changes to terms and conditions:

Listacker reserves the right to change these terms and conditions at any time. Any changes will be effective immediately upon posting on the Listacker app. Your continued use of the Listacker app after any changes have been made constitutes your acceptance of the new terms and conditions.

Termination:

Listacker reserves the right to terminate your use of the Listacker app at any time, for any reason, and without notice.

Entire agreement:

These terms and conditions constitute the entire agreement between you and Listacker and govern your use of the Listacker app.

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 Listacker's 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 (Listacker 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 Listacker 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 Listacker for access to services provided by the Platform or by Service Professionals;


• Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;


• Violate any applicable laws or regulations;


• Fail to comply with a User’s requests (including, those made on their behalf by Listacker) to no longer receive phone calls, text messages, e-mails or any other communications from you;


• 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 would give rise to civil liability or violate any law;


• Violate in any material respect any Listacker policies that govern your use of the Platform and our interactions with you and third-parties;


• Advertise or solicit a Pro Service not related to or appropriate for the Platform including, but not limited to any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Listacker; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Pro Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;


• Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Listacker mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Listacker, (b) offers to purchase a Pro Service or any other service outside of Listacker, or (c) using a profile page or User name to promote services not offered on or through the Platform;


• Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;


• Fail to perform Pro Services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Pro Services (including by refusing to pay);


• Seek to charge a Consumer for Pro Services when payment has already been, or is scheduled to be, initiated through Listacker;


• Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Listacker;


• Sign up for, negotiate a price for, use, or otherwise solicit a Pro Service with no intention of following through with your use of or payment for the Pro Service;


• Agree to purchase a Pro Service when you do not meet a Service Professional's requirements;


• Create more than one Consumer or Service Professional Listacker account without our written permission;


• Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;


• Fail to comply with any applicable laws or regulations related to your use of the Platform;


• 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.

Intellectual Property Rights:

Listacker Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Listacker and our licensors exclusively own all right, title, and interest in and to the Platform and Listacker Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Listacker used herein are trademarks or registered trademarks of Listacker. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

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. Please see our Copyright & DMCA Policy for more information.

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 Listacker 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 Listacker 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. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.