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WorkBermuda.net
 
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This User Agreement is effective as of November 1, 2010. Your continued use of the Site after such time will signify your acceptance of this User Agreement.

Welcome to WorkBermuda.net, the website and online service of WorkBermuda.net, Inc., including our corporate subsidiaries (collectively "WorkBermuda.net", "we", or "us"). This page explains the terms by which you may use our web site, web widgets, feeds, mobile device software applications, applications for third-party web sites and services, and any other mobile or web services or applications owned, controlled, or offered by WorkBermuda.net (collectively the "Site"). By accessing or using the Site you signify that you have read, understood, and agree to be bound by the following User Agreement ("User Agreement" or this "Agreement"), which includes and hereby incorporates by reference the agreements and policies referenced in this User Agreement. We reserve the right to revise this User Agreement and the Terms of Service and all linked information from time to time in our sole discretion by updating this posting or any linked information. We may make such revisions without prior notice to you, so please check back often for updates. Unless otherwise provided in such revision, the revised User Agreement or Terms of Service, or part thereof, will take effect when they are posted.

SITE SERVICES

WorkBermuda.net makes the Site available as an online venue where clients for professional services ("Client(s)") and providers of professional services ("Provider(s)") identify each other and work together online to complete and invoice jobs ("Jobs"). The Site contains features that enable Clients and Providers to do, among other things, the following:
Clients: Post Jobs and Requests for Proposals, identify, interview, negotiate contract terms, hire, manage engagements, and rate providers.
Providers: Create profiles, advertise capabilities, submit proposals, interview, negotiate contract terms, get hired, manage engagements, invoice, and get rated from Clients.

Member Contract

The dealing, contracting and fulfillment of a Job are between a Client and a Provider. Upon Client's award and Provider's acceptance of a Job on the Site, Client agrees to purchase, and Provider agrees to deliver, the Provider Services in accordance with the following agreements (collectively, the "Member Contract"): (1)the Terms of Service; (2) the Job terms as awarded and accepted on the Site, to the extent not inconsistent with the Mandatory Terms (defined below); (3) any other contractual provisions accepted by both Client and Provider and uploaded to the Site, to the extent not inconsistent with the Mandatory Terms (defined below); and (4) the Services Agreement.
The provisions of the Services Agreement may be modified by Job terms awarded and accepted on the Site or other contractual provisions accepted by both Client and Provider and uploaded to the Site. However, the other provisions of the Terms of Service besides the Services Agreement (the "Mandatory Terms") may not be modified.
Conflicts in the Member Contract shall be resolved in the following order of precedence: (1) the Mandatory Terms; (2) the Job terms, as awarded and accepted on the Site, to the extent not inconsistent with the Mandatory Terms; (3) any other contractual provisions accepted by both Client and Provider and uploaded to the Site, to the extent not inconsistent with the Mandatory Terms; and (4) the Services Agreement. Notwithstanding anything to the contrary, Client and Provider both agree not to enter into any contractual provisions or Job terms in conflict with the Mandatory Terms. Any part of the Member Contract that conflicts with or modifies the Mandatory Terms shall be null and void while the other parts of the Member Contract shall remain valid and binding.

Client is responsible for managing, inspecting, accepting and paying for satisfactory Provider Services in accordance with the Member Contract in a timely manner. Provider is responsible for the performance and quality of the Provider Services in accordance with the Member Contract in a timely manner and professional manner, consistent with industry practice, at a location, place and time that Provider deems appropriate. The manner and means that Provider chooses to perform the Job are in Provider's sole discretion and control. In performing the Job, Provider agrees to provide its own equipment, tools, and other materials at its own expense. Client and Provider each covenants and agrees to act with good faith and fair dealing in performance of the Member Contract. Client and Provider each acknowledges and agrees that it is its responsibility to understand the requirements for each Job.

Independent Contractors
Client and Provider each acknowledges and agrees that their relationship is that of independent contractors. The Provider shall perform the Provider Services as an independent contractor and nothing in this Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Provider and Client or between WorkBermuda.net and any Provider or Client.

RELATIONSHIP WITH WORKBERMUDA.NET

WorkBermuda.net Not a Party to Jobs
WorkBermuda.net is not a party to the dealing, contracting and fulfillment of a Job between a Client and a Provider, including the Provider Services. WorkBermuda.net has no control over and does not guarantee the quality, safety or legality of Provider Services advertised, the truth or accuracy of Job listings, the qualifications, background, or abilities of Members, the ability of Providers to deliver Provider Services, the ability of Clients to pay for Provider Services, or that a Client or Provider can or will actually complete a transaction.WorkBermuda.net is not required to and does not verify any information given to us by Providers, nor does WorkBermuda.net perform background checks on Providers However, WorkBermuda.net may provide information about a Provider, such as a risk score or geographical location, or third party valuations based on data given to us by the Provider or a third party. Such information is provided for the solely for the convenience of Clients and is not an endorsement or recommendation by WorkBermuda.net. All rights and obligations for the purchase and sale of Provider Services are solely between Client and Provider. Client and Provider must look solely to the other for enforcement and performance of all the rights and obligations arising from Member Contracts and any other terms, conditions, representations, or warranties associated with such dealings.
WorkBermuda.net does not guarantee the quality of the Provider's work.
Third-Party Beneficiary of Member Contract Client and Provider each acknowledges and agrees that the value, reputation, and goodwill of the Site depend on their performance of their covenants and agreements as set forth in their Member Contract. Client and Provider therefore appoint WorkBermuda.net a third-party beneficiary of their Member Contract for purposes of enforcing the obligations owed to, and the benefits conferred on, WorkBermuda.net by this Agreement. Client and Provider further agree that WorkBermuda.net has the right to take such actions with respect to the Member Contract or their Accounts, including without limitation suspension, termination, or legal actions, as WorkBermuda.net in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Site.

No Agency
This Agreement and any registration for or subsequent use of this Site will not be construed as creating or implying any relationship of agency, franchise, partnership or joint venture between you and WorkBermuda.net, except and solely to the extent expressly stated.

Membership Fee
Membership Fee. Providers can choose various membership programs to subscribe to different levels of participation on the Site, as detailed in Provider Membership Fees and on the Site. Other Fees. WorkBermuda.net may choose to offer additional features, such as Featured Posts or verification features, for additional fees. Such features and fees are described in detail here. WorkBermuda.net may also charge fees for Inactive Accounts.

MEMBER ELIGIBILITY AND OBLIGATIONS

To access Site Services through our Site, you must be a legal entity, or an individual in business 18 years or older who can form legally binding contracts. To register for an Account with WorkBermuda.net and become a Member, you must accept all of the terms and conditions in, and linked to, this Agreement. By becoming a Member, you agree to: (a) abide by this Agreement and the processes, procedures, and guidelines described throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of Provider Services; and (c) perform your obligations as specified by any Member Contract that you accept, unless such obligations are prohibited by law or by this Agreement. WorkBermuda.net reserves the right in its sole discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.

ACCOUNTS

To become a Member and access Site Services through our Site you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness. You cannot register for more than one Client Account and one Provider Account without express written permission from WorkBermuda.net. Your WorkBermuda.net Account (including feedback) and username are not transferable, and any transfer or attempted transfer to another party is null and void.

USERNAMES AND PASSWORDS

When a Member registers an Account, the Member will be asked to choose a username and password for the Account. As a Member, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. You authorize WorkBermuda.net to assume that any person using the Site with your username and password is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of the Account or access to your password.

THIRD-PARTY CONTENT

Directory of Providers
The Site contains a directory of Providers. The directory is populated with information from third-party sources, from Providers themselves, and from other Members. WorkBermuda.net provides this directory as a convenience and does not confirm or verify the information contained in it.

Verification and Monitoring
WorkBermuda.net makes available to Members on the Site various services provided by third parties to verify a Member's credentials, provide testing services, or provide information. Any opinions, advice, statements, services, offers or other information or content expressed or made available by these third parties or any other Members are those of the respective author(s) or distributor(s) and not of WorkBermuda.net. WorkBermuda.net neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement made on the Site by anyone other than authorized WorkBermuda.net employees acting in their official capacities. Links This Site may contain links to third party Web sites, services, or resources. Such Web sites, services, and resources are owned and operated by the third-parties and/or Providers and their licensors. Your access and use of those Web sites, services, and/or resources, including online communication services such as chat, email and calls, will be governed by the terms and policies of the applicable Web site, service, or resource or Provider. You acknowledge and agree that WorkBermuda.net is not responsible or liable for: (i) the availability or accuracy of such sites, services, or resources; or (ii) the content, advertising, or products on or available from such sites, services, or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links and these services at your own risk.

User Content
Some areas of the Site may allow Users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") through the Site, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand that whether or not such User Content is published, WorkBermuda.net does not guarantee any confidentiality with respect to any User Content. You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party's trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity and privacy. To the extent that your User Content contains music or video, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. WorkBermuda.net reserves the right, but is not obligated, to reject and/or remove any User Content that WorkBermuda.net believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the Copyright Office, or any other rights organization. WorkBermuda.net takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. WorkBermuda.net is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, objectionable, or inappropriate for children, and you agree that WorkBermuda.net shall not be liable for any damages you allege to incur as a result of such User Content. Furthermore, WorkBermuda.net has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. WorkBermuda.net does not confirm or verify whether a Provider has the expertise, or is qualified or licensed to provide the Provider Services or advice being requested.

User License to WorkBermuda.net
You retain all your ownership rights in your User Content. By posting any User Content on the Site, you expressly grant, and you represent and warrant that you have a right to grant, to WorkBermuda.net a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Site and WorkBermuda.net's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Notwithstanding the foregoing, WorkBermuda.net will only use or disclose your User Content posted to non-public areas of the Site (such as the Workroom) to the extent necessary to provide you the services on the Site. You also hereby grant each User of the Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from the Site. You understand and agree, however, that WorkBermuda.net may retain, but not display, distribute, or perform, server copies of User Content that have been removed or deleted. The above licenses granted by you in User Content for which the Site does not provide you a means to delete or remove are perpetual and irrevocable. You may choose to or we may invite you to submit comments or ideas about the Site, including without limitation about how to improve the Site or our products ("Ideas"). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place WorkBermuda.net under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, WorkBermuda.net does not waive any rights to use similar or related ideas previously known to WorkBermuda.net, or developed by its employees, or obtained from sources other than you.

Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with your User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following: a. You are at least 18 years of age or a legal entity and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. b. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Site and this Agreement, and each such person has released you from any liability that may arise in relation to such use. c. Your User Content and WorkBermuda.net's use thereof as contemplated by this Agreement and the Site will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity. d. WorkBermuda.net may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

WorkBermuda.net License to User
Subject to and conditioned on compliance with this Agreement, WorkBermuda.net grants you a limited license to access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any way for any public or commercial purpose without prior written consent of WorkBermuda.net or the rights holder. You must not use any content of this Site on any other Web site or in a networked computer environment for any purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by WorkBermuda.net. WorkBermuda.net and its licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how, and trade secrets relating to the Site. The WorkBermuda.net logo and name are trademarks of WorkBermuda.net, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on the Site may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of WorkBermuda.net's or any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.

RESOLUTION OF DISPUTES BETWEEN MEMBER AND WORKBERMUDA.NET

If a dispute arises between you and WorkBermuda.net, our goal is to resolve such dispute quickly and cost-effectively. Accordingly, you and WorkBermuda.net agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the WorkBermuda.net Services (a "Claim") in accordance with this section entitled "Resolution of Disputes between Member and WorkBermuda.net." Before resorting to these alternatives, you agree to first contact WorkBermuda.net directly to seek dispute assistance.

Law and Forum for Disputes
This Agreement is governed in all respects by the laws of Bermuda without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against WorkBermuda.net must be resolved by a court located in Bermuda. Any cause of action you may have with respect to this Site must be commenced within 30 days after it arises, or the cause of action is barred.

TERM; TERMINATION AND SUSPENSION

This Agreement shall become effective as your contractual agreement upon your acceptance or your use of the Site, and shall continue until your Account is terminated by WorkBermuda.net or you as provided for under the terms of this Section. Unless otherwise agreed to in writing between the parties, either party may terminate the contractual agreement represented by this Agreement at any time upon notice to the other party. In such event, your Account is automatically terminated and (i) WorkBermuda.net shall continue to perform those WorkBermuda.net Services necessary to complete any open transaction between you and another Member; and (ii) you shall continue to be obligated to pay any amounts accrued but unpaid as of the date of termination to WorkBermuda.net for any Site Services and to any Providers for any Provider Services. Without limiting WorkBermuda.net's other remedies, we may issue a warning, or temporarily suspend, indefinitely suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information incorporated herein by reference, including our written policies and procedures posted on the Site; (b) we suspect or become aware that you have provided false or misleading information to us; or (c) we believe in our sole discretion that your actions may cause legal liability for you, our Members or for WorkBermuda.net or are contrary to the interests of the Site or the WorkBermuda.net user community. Once indefinitely suspended or terminated, you must not continue to use the Site under the same Account, a different Account, or reregister under a new Account. In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. Without limiting WorkBermuda.net's other remedies, to the extent you engage in actions or activities which circumvent the WorkBermuda.net Site or otherwise reduce fees owed WorkBermuda.net under this Agreement, you must pay WorkBermuda.net for all fees owed to WorkBermuda.net and reimburse WorkBermuda.net for all losses and costs (including any and all WorkBermuda.net employee time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting such fees. WorkBermuda.net reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its sole discretion and to refuse to provide registration and membership to you in the future. We will notify you if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or damages. However, we will notify you that your Account will be canceled if the law requires such notification. When your Account is terminated for any reason, you may no longer have access to data, messages, files and other material you keep on the Site. The material may be deleted along with all your previous posts and proposals. The sections entitled "RELATIONSHIP BETWEEN CLIENTS AND PROVIDERS," "RELATIONSHIP WITH WORKBERMUDA.NET," "WORKBERMUDA.NET FEES," "PERIOD OF EXCLUSIVITY," "THIRD-PARTYCONTENT," "LICENSES AND SITE ACCESS," "RESOLUTION OF DISPUTES BETWEEN MEMBER AND WORKBERMUDA.NET," "TERM; TERMINATION AND SUSPENSION," "DISCLAIMERS, LIMITATIONS AND EXCLUSIONS," "NOTICES AND COMMUNICATIONS," "MISCELLANEOUS," "CERTAIN DEFINED TERMS," and the Site Policies entitled "Billing and Payment Service Policy," and "Dispute Resolution Process," will all survive termination of the contractual agreement between us.

Notification of WorkBermuda.net Members
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of Member Account status to all Members, including both yourself and other Members who are participating in Jobs with you. You therefore agree as follows: IF WORKBERMUDA.NET SUSPENDS OR TERMINATES YOUR ACCOUNT OR JOB, WORKBERMUDA.NET HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR THE ACTION.

DISCLOSURES

WorkBermuda.net, located in Bermuda, is the provider of the electronic commercial service on this Site. Members are notified, via this Site, in advance regarding any applicable service charges. Upon your request, you may have this Agreement sent to you by email. Please feel free to contact WorkBermuda.net to resolve a complaint regarding any aspect of service relating to this Site by contacting us at Customer Support.

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS

Data You are responsible for creation, storage, and backup of your business records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on WorkBermuda.net's part to store, backup, retain, or grant access to any information or data for any period. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information, or information about the entity that you represent, at your own risk.

WARRANTY DISCLAIMER

THE SITE SERVICES PROVIDED BY WORKBERMUDA.NET OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

RELEASE

If you have a dispute with another Member, you release WorkBermuda.net (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. YOU HEREBY WAIVE THE LAW WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNITY

You agree to defend, hold harmless and indemnify WorkBermuda.net from and against any and all losses, costs,expenses, damages or other liabilities incurred by WorkBermuda.net from and against any cost, liability, loss, damage,cause of action, claim, suit, proceeding, demand or action brought by a third party against WorkBermuda.net: (a) in connection with your use of the Site Services including any payment obligations incurred through use of the Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your decision to submit postings and accept offers from other Members; (iv) any breach of contract or other claims made by Members with which you conducted business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any Member with which you conducted business through the Site; (viii) any act or omission of yours with respect to the payment of fees to any Provider; (ix) your dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Provider. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of which we become aware to the applicable government agencies or otherwise.

NOTICES AND COMMUNICATIONS

Communications from WorkBermuda.net to you Unless you otherwise indicate in writing to Customer Support, WorkBermuda.net will communicate with you by email or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication when WorkBermuda.net sends it to the email address you have provided to WorkBermuda.net on the Site, or when WorkBermuda.net posts such communication on the Site. You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from WorkBermuda.net regarding violation, dispute or complaint within two business days, WorkBermuda.net has the right to terminate or suspend your Job or your Account.

Communications from you to WorkBermuda.net
All notices to WorkBermuda.net intended to have a legal effect concerning this Agreement must be in writing and delivered either in person or by a means evidenced by a delivery receipt, to the following address: WorkBermuda.net, Inc. P.O.Box 579 Southampton SNBX Bermuda Such notices to WorkBermuda.net are deemed effective upon receipt.

MISCELLANEOUS TERMS AND CONDITIONS

You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. WorkBermuda.net will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of WorkBermuda.net. No delay or omission by WorkBermuda.net in exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without the express written permission of WorkBermuda.net, and any attempt to do so will be null and void. WorkBermuda.net may assign this Agreement in its sole discretion. This Agreement, together with any other legal notices and agreements published by WorkBermuda.net via the Site, shall constitute the entire agreement between you and WorkBermuda.net concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The Site is controlled and operated from its facilities in Bermuda. WorkBermuda.net makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own will and are entirely responsible for compliance with all applicable Bermuda laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in Bermuda. Except for the payment of fees to WorkBermuda.net, neither of the parties to this Agreement shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.

The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all documents referenced in this Agreement comprise the entire agreement between you and WorkBermuda.net with respect to the use of this Site and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked from this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In the event of any inconsistency between such versions, the PDF version will govern.

CERTAIN DEFINED TERMS

Any capitalized term not otherwise defined in this Agreement has the meaning given such term on the Site. As used throughout this Agreement:
"Account" means the WorkBermuda.net Account you open when you register to become a Member and use the Site Services, and all Team Accounts added to that Account.
"Client" means a Member that investigates and purchases Provider Services or identifies a Provider through the Site.
"WorkBermuda.net Services" means the creation, hosting, maintenance, and provision of the Site and all services delivered by WorkBermuda.net that are accessible through the Site. The term WorkBermuda.net Services does not include Provider Services or Third-Party Services.
"Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
"Member" means a person or legal entity that registers for an Account.
"Member Contract" shall have the meaning given to it above.
"Payment Service" means the WorkBermuda.net Billing and Payment Service.
"Provider" means a Member that offers and delivers Provider Services or identifies a Client through the Site.
"Provider Services" means all services delivered by Providers.
"Secure Areas" means portions of the site that are encrypted using the Hypertext Transfer Protocol Secure (also known as "HTTPS") or any other encryption mechanism.
"Services Agreement" means the default Services Agreement between Client and Provider and this default Services Agreement may be modified by Client and Provider. A Services Agreement may include specifications, price, milestones, deliverables, units of work, hours, payment terms, warranties and other contractual obligations.
"Site Policies" means the Terms of Service and all obligations, requirements, and guidelines contained in or linked from the Site. Site Policies includes, without limitation, all documents.
"Site Services" means all services that are accessible through the Site except Provider Services.
"Third-Party Services" means all services that are accessible through the Site and delivered by third parties. The term Third-Party Services does not include WorkBermuda.net Services or Provider Services.
"User" means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is using the Site on behalf of a Member that is a company or organization.
"Visitor" means a person who is only visiting the Site, not a Member or User.
"Workroom" means the place on the Site where a Client and Provider can communicate and work together on a Job.
"Work System" means the tools available on the Site for Client and Provider to communicate and work together.
"you" means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; or, if the Site Services are used on behalf of a Member, "you" means the Member for which the Site Services are used and the User who accesses the Site on behalf of such Member (and such User represents that he or she has the authority to do so on the Member's behalf).

CONTACTING US

If you wish to report a violation of the Terms of Service, have any questions or need assistance, please contact WorkBermuda.net Customer Support.
 

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