These Terms and Conditions ("Agreement") govern your use of the Bacon App, including any associated websites, applications, and services (collectively referred to as the "App"). This Agreement is also applicable to any work done for or through WorkReadyPros found through the Bacon App. Please read this Agreement carefully before using the App.
1. ACCEPTANCE OF TERMS
By accessing or using the App, you agree to be bound by these Terms and Conditions. If you do not agree with any part of this Agreement, do not use the App.
2. USER OBLIGATIONS
A. You agree to use the App solely for lawful purposes and in compliance with all applicable laws and regulations. You are responsible for maintaining the confidentiality of your account information and agree to notify us immediately of any unauthorized use or security breach.
B. You agree and are subject to other agreements such as the Worker Service Agreement, Customer Service Agreement, and the Bacon Marketplace Standards of Conduct referenced throughout this document.
3. USER ACCOUNT, PASSWORD, AND SECURITY
A. As a condition of using the App, you agree to: (i) provide accurate, current, and complete information about yourself or designated representative as prompted by the App’s registration form, and (ii) provide accurate, current, and complete billing/banking information as appropriate, and (iii) maintain and promptly update the registration and financial data to keep it accurate, current and complete.
B. You will receive a password and account designation upon completing the App’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account.
4. INTELLECTUAL PROPERTY
A. The App and its contents, including but not limited to text, graphics, logos, and software, are the intellectual property of Bacon and are protected by copyright and other intellectual property laws.
B. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the App without explicit written permission.
5. LICENSE GRANT AND RESTRICTIONS
A. Subject to the terms of this Agreement and any applicable payments, Bacon grants you a personal, limited, nonexclusive, non transferable license, so long as this Agreement remains in effect, to access and use the App, solely for the purposes described herein, consistent with any description of the App published by Bacon.
B. Except as expressly permitted herein or by applicable law, you shall not (and shall not allow any third party to) do any of the following: (i) license, sublicense, copy, assign, loan, sell, resell, republish, upload, post, transfer, distribute, or commercially exploit to any third party the App; (ii) modify or create derivative works based on the App; (iii) decompile, disassemble, or reverse engineer the App; (v) interfere with the proper working of the App or prevent access to or use of the App by other licensees or businesses; or (vi) use the App except as contemplated by this Agreement.
6. RESERVATION OF RIGHTS AND OWNERSHIP
The App is licensed and not sold. Bacon reserves all rights not expressly granted to you in this Agreement. The App is protected by copyright, trade secret, and other intellectual property laws. Bacon and its licensors, where applicable, own all right, title, and interest in and to the App (and all intellectual property rights therein), including but not limited to its technology, content, derivatives, and modifications of the App by whosoever made.
7. INFORMATION AND FEEDBACK
A. You acknowledge that in accessing the App, you may upload or enter certain data from your account(s) such as names, addresses, phone numbers, purchases, and sales, among others, to the Internet. You hereby grant Bacon permission to use information about yourself and your usage experience to enable Bacon to provide the App to you, including updating and maintaining your data, addressing errors or service interruptions, and to enhance the types of data and services Bacon may provide to you in the future. You also grant Bacon permission to combine your data with that of others in a way that does not identify you to improve services, to create, market, or promote new Bacon offerings to you and others and to use such combined data to create, market, or promote new Bacon offerings.
B. You acknowledge that all metadata and other information generated or submitted to Bacon by you and Businesses in connection with the App is owned by Bacon.
C. Bacon may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about its services (“Feedback”). You agree that Bacon may, in its sole discretion, use the Feedback in any way, including in future modifications to the App and in multimedia works, advertising, marketing, and promotional materials relating to the App. You hereby grant to Bacon a perpetual, worldwide, fully transferable, sublicensable (through multiple tiers), non-revocable, fully paid up, royalty free license to use, modify, create derivative works from, distribute, display, and otherwise exploit any information you provide to Bacon in Feedback.
8. SECURITY
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment. If you feel that we are not abiding by this security policy, you should contact us immediately via email: support@baconinc.com
9. ADDITIONAL TERMS AND SERVICES
A. Certain features of the App may be subject to additional terms, conditions, or registration requirements. Any violation of such terms, conditions, or registration requirements will constitute a breach of this Agreement.
B. Bacon may offer services, features, products, and applications in addition to the App. If you elect to use such services, you will be required to accept additional terms and conditions governing such services, and separate fees may apply.
10. GENERAL PRACTICES
You acknowledge and agree that Bacon may establish general practices and limits concerning use of the App. Bacon reserves the right to log off accounts that are not active for an extended period of time. Bacon shall have no responsibility or liability for the deletion or failure to store any data or other information or materials maintained or transmitted by the App. Such general practices and limits may be changed by Bacon at any time, in its sole discretion, with or without notice.
11. PROHIBITED USE
The App is for the use of Workers and Businesses only for the purpose of contracting for work. It shall not be used for any separate commercial enterprises or activities without the express written consent of Bacon. The App may not be used to gather information to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with Bacon without express written permission from Bacon. No information or user content obtained through the App, including but not limited to names, phone numbers, email addresses, profiles, copyrighted text, or job listings, collected manually or through automated mechanisms, may be used for any purpose outside of the App. Should there be a reasonable basis to believe that you violated this section, Bacon reserves the right, in addition to other remedies, to assess penalties beginning at $1,000 daily penalty fee.
12. NO WARRANTIES
A. THE APP IS PROVIDED “AS IS” AND “AS-AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACON DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING THE APP, CONTENT, AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Bacon does not warrant the accuracy, reliability, completeness, usefulness, or quality of any content included in the App. Bacon does not warrant that the App is secure, free from bugs, interruption, or errors, or that the App will meet your requirements.
B. Bacon shall have no liability to you or any third party for any modification, suspension, or discontinuance of the App or any part thereof.
13. LIMITATION OF LIABILITY AND DAMAGES
A. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE ENTIRE CUMULATIVE LIABILITY OF BACON AND YOUR EXCLUSIVE REMEDY FOR ALL MATTERS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
B. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, PROVIDER SHALL NOT BE LIABLE FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (ii) DAMAGES RELATING TO TELECOMMUNICATIONS FAILURES, INTERNET AND ELECTRONIC COMMUNICATIONS FAILURES, DELAYS OR LIMITATIONS, LOSS, CORRUPTION, SECURITY, OR THEFT OF DATA, VIRUSES, SPYWARE; OR (iii) LOSS OF INCOME, ARISING OUT OF OR RELATED IN ANY WAY TO THE APP, WHETHER BASED IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
C. We shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use or inability to use the App, even if we have been advised of the possibility of such damages.
14. MODIFICATION AND AMENDMENT
Bacon may change this Agreement from time to time, effective upon posting of the modified Agreement on its website or through the App. Bacon may also notify you of the change by email or other electronic communication. You are responsible to review the Agreement periodically for changes. Bacon has the right to change, delete, discontinue, or impose conditions on any features or aspect of the App, including but not limited to pricing, technical support options, and other product-related policies. Your continued use of the App after Bacon’s publication of any changes shall constitute your acceptance of the changes.
15. MISCELLANEOUS
A. This Agreement shall be governed by and construed in accordance with law of Utah, without regard to its rules regarding conflicts of law. Each of the parties consents to the jurisdiction of the courts located in that state with respect to all matters relating to this Agreement.
B. Any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, except that the parties agree that arbitration will not afford an adequate remedy in connection with any violation of a party’s rights pertaining to any patent, copyright, trade secret, trademark, service mark, or other intellectual property, and the parties shall have the right to seek an injunction or other appropriate relief to restrain or remedy any such violation in any court having jurisdiction. Judgment upon the award of the arbitrator (or arbitrators) may be entered in any court having jurisdiction. Before filing a claim for arbitration, you agree first to inform Bacon of the complaint, including sufficient information to allow Bacon to evaluate the complaint, and afford Bacon at least sixty (60) days from its receipt of such information to resolve the matter informally. To the fullest extent permitted by applicable law, no arbitration or claim under this Agreement shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the App, and no class arbitration proceeding shall be permitted. In no event shall any claim, action, or proceeding by either party related in any way to the App be instituted more than one (1) year after the claim arose.
C. This Agreement, along with the Worker or Customer Service Agreement applicable to you and Bacon Marketplace Standards of Conduct, constitutes the entire agreement between the parties pertaining to its subject matter, and it supersedes any and all written or oral agreements previously existing between the parties with respect to such subject matter. Except for changes by Bacon as provided herein, no modification or amendment of this Agreement shall be binding unless executed in writing by both parties. No waiver shall be effective unless it is in writing and signed by the party against whom enforcement is sought.
D. This Agreement may not be assigned by either party without the prior written consent of the other.
E. If any of the provisions of this Agreement are held by a court or other tribunal having jurisdiction to be unenforceable, the parties intend that the provision shall be enforced to the maximum extent permissible and the remaining portions of this Agreement shall remain in full force and effect.
