Terms of Service

EFFECTIVE DATE: January 29, 2018

Thank you for choosing Spur.

These terms and conditions, along with our privacy policy available at “Privacy Policy”, and all applicable laws and conditions or policies referenced herein, incorporated herein by reference, (collectively the “Terms of Service”) govern your use of this Website (www.SpurJobs.com or “Site”) or mobile applications (the “Platform”); by using the Site or Platform, you accept the Terms of Service in full. If you disagree with the Terms of Service or any part of the Terms of Service, you must not use the Site or Platform. You must be competent to enter into any sort of contract under the law of your state of residence to use the Site or Platform. By using the Site or Platform and by agreeing to the Terms of Service, you warrant and represent that you have reached the age of majority and are otherwise competent to enter into a contract in your jurisdiction. By accessing, registering with, or using the Site or Platform in any manner, including, but not limited to, visiting or browsing the Site or Platform or contributing content, information, or other materials or services to the Site or Platform, you agree to be bound by the Terms of Service. Your use of this Site or Platform shall be in strict compliance with these Terms of Service and consistent with all applicable local, state, national, and international laws and regulations. YOU MAY NOT USE THE SITE OR PLATFORM IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE.

This Site uses cookies. By using the Site and agreeing to the Terms of Service, you consent to Spur’s use of cookies in accordance with the terms of Spur’s Privacy Policy.

Table of Contents

  1. Scope of Use
  2. Registration, Access, and Security
  3. Terms Specific to Workers
  4. Terms Specific to Workplaces
  5. User Information, User Generated Content, and Restrictions on Use
  6. Privacy Policy
  7. No Warranties
  8. Trademarks
  9. Copyright Infringement Notice
  10. Reviews, Comments, and Other Content
  11. Modifications
  12. Violation of Rules and Regulations; Disclosure of Information
  13. Indemnity
  14. Limitation of Liability
  15. Third Party Sites
  16. No Fiduciary Relationship
  17. Right to Monitor
  18. Electronic Communications
  19. Governing Law and General Principles
  20. Arbitration and Class Action
  21. Waiver of Jury Trial
  22. Jurisdiction and Venue

Scope of Use

Spur, Inc. and its affiliates, subsidiaries, agents, representatives, successors and assigns (collectively “Spur”, “We”, “Us”, or “Our”) provide the Site or Platform to you, the user of the Site or Platform (“You” or “Your”) for Your informational, noncommercial use, and subject to the Terms of Service. The use of this Site or Platform to evaluate whether to enter into a business relationship with Spur shall not constitute a commercial use of the Site or Platform. It is a violation of the Terms of Service for you to use the Site or Platform in violation of any applicable laws and regulations or in violation of the rules of any Spur service providers. Certain other programs or services provided by Spur through linked websites or other channels may have additional terms and conditions regarding Your use of those services, and nothing in these Terms of Service is intended to modify, limit, or otherwise impair such terms of service.

The Platform is a web-based communications platform which enables the connection between Workers and Workplaces. “Workplaces” are individuals or business entities seeking to obtain work services (“Jobs”) from Workers and are therefore clients of the individual Worker, and “Workers” are individuals seeking to perform Jobs for Workplaces. Workers and Workplaces together are hereinafter referred to as “Users.” If You and a Workplace agree on the terms of a Job, you and the Workplace form an agreement directly between You and the Workplace.

If You choose to use the Site or Platform as a Worker or a Workplace, Your relationship with Spur is limited to being an independent, third-party contractor, and You are not and will not be an employee, agent, joint venturer, or partner of Spur for any reason, and You act exclusively on Your own behalf, and not on behalf of, or for the benefit of Spur.

As the provider of the Site or Platform, Spur does not provide, manage, offer, deliver, or supply any actual work-related services or Jobs. Workplaces alone are responsible for their Jobs. When Workers accept a Job, they are entering into a contract directly with the Workplace. Spur is not and does not become a party to or other participant in any contractual relationship between users, nor is Spur an employer or insurer of Workers on the platform. Spur is not acting as an agent in any capacity for any user, except as specified in the applicable background check sections and payment terms sections of these Terms of Service.

Due to the nature of the Internet, Spur cannot guarantee the continuous and uninterrupted availability and accessibility of the Site or Platform. Spur may restrict the availability of the Site or Platform or certain areas or features thereof, in Our sole discretion, if this is necessary in view of capacity limits, the security or integrity of Our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Site or Platform. Spur may improve, enhance and modify the Site or Platform and introduce new services from time to time.

Registration, Access, and Security

If You use any Spur service and provide Us any information through the Site or Platform, such as Your name, social security number, previous work experience, education background, birth date, criminal history, bank account information, credit card information, federal employment identification number, citizenship status, address, zip code, phone number, contact details, email address, and/or Your password (collectively, Your “User Information”) for any accounts associated with You (“Your Account(s)”), You agree to provide true, accurate, current, complete and up-to-date information. If You provide any information that is untrue, inaccurate, non-current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then We have the right to terminate or refuse any and all current or future access or use of the Site or Platform (or any portion thereof).

We reserve the right to take any action that We deem necessary to ensure the security of the Site or Platform and Your Account, including without limitation changing Your password, terminating Your Account, or requesting additional information to authorize transactions on Your Account. You are solely responsible for keeping Your User Information and any security questions and responses associated with Your Account confidential. Anyone with knowledge of or access to Your User Information or the security questions and responses associated with Your Account can use that information to gain access to Your Account.

You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep Your User Information and the security questions and responses confidential, whether such failure occurs with or without Your knowledge or consent. You will immediately notify Us of any suspected or actual unauthorized access to or use of Your Account Data or any other breach of Your Account security. You hereby authorize and consent to the collection, storage, sharing, use, transfer and sale by Spur and its service providers, of any information and data related to or derived from Your use of the Site or Platform.

You are responsible for providing and maintaining, at Your own risk, option and expense, any hardware, software and communication lines required to access and use the Site or Platform, and Spur reserves the right to change the access configuration of the Site or Platform at any time without prior notice.

Terms Specific to Workers

AS SET FORTH IN SECTION 1, SPUR DOES NOT PERFORM JOBS AND DOES NOT HIRE OR EMPLOY INDIVIDUALS TO PERFORM JOBS. NOTHING IN THESE TERMS OF SERVICE SHALL BE CONSTRUED TO CREATE A PARTNERSHIP, JOINT VENTURESHIP, FIDUCIARY, AGENCY, OR EMPLOYER-EMPLOYEE RELATIONSHIP BETWEEN YOU AND SPUR. You acknowledge and agree that the Site and Platform are intended for use only by Workers who are able to enter into relationships with Workplaces over the Site and Platform as independent contractors under all applicable local, state, and federal law.

Our Relationship:

By accepting the Terms of Service, You acknowledge that You are not an employee of Spur, and that You are acting as an independent contractor for the purposes of all local, state, or federal employment law, including, but not limited to, workers’ compensation statutes; Fair Labor Standards Act, Civil Rights Act of 1964, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act, the Genetic Information Nondiscrimination Act, and state statutes, if any, addressing the same or similar subject matters; the Internal Revenue Code; and all similar local or state laws as well as all local, state, and federal regulations promulgated under any employment law whatsoever.

You hereby acknowledge, represent, and warrant that You are not, and do not wish to be, an employee of either Spur, and that you intend your relationship with any Workplace to be as an independent contractor.

Spur expressly disclaims any responsibility or knowledge of the relationship between the Workplace and the Worker with respect to any employment legislation, and advises Workers to seek independent legal advice regarding their rights and responsibilities with respect to the performance of specific Jobs.

The content, negotiation, performance, payment, and other similar aspects and procedures of the Job are within the sole and exclusive discretion of the Workplace and the Worker, or any of their affiliates or representatives, and are not controlled or influenced by Spur in any material respect.

Tax Returns & Payments:

You are solely responsible for filing all tax returns and submitting all payments, including required estimated tax payments, social security payments, unemployment insurance payments, and any other payment required by applicable local, state, or federal tax law that arises out of or from Your use of the Site or Platform or the performance of services and/or receipt of payments arising out of Your use of the Site or Platform. Spur will not collect a Form W-4 from any Worker, and Spur does not withhold any amounts or make any tax payments on behalf of Workers. Spur will provide the Worker with a Form 1099 (through a third-party vendor) for each applicable tax year in which the Worker performs Jobs for a Workplace. Spur does not provide advice or guidance on tax matters, and does not warrant or represent that the classification of a Worker as an independent contractor for purposes of the Internal Revenue Code is correct. You should seek out independent advice on the payment of applicable local, state, and federal taxes.

Benefits and Withholding:

Workers are not entitled to or eligible for benefits, whether through Spur or any Workplace, including without limitation health insurance, workers’ compensation insurance, paid vacations, sick leave, profit-sharing, retirement benefits, or any other fringe benefit that Spur or a Workplace may make available to its employees. As the Worker is an independent contractor, neither Spur nor the Workplace will withhold or make payments for social security, unemployment insurance, disability insurance, or workers’ compensation insurance on behalf of the Worker. IT IS THE WORKER’S RESPONSIBILITY TO OBTAIN HEALTH INSURANCE AS REQUIRED UNDER THE AFFORDABLE CARE ACT (“ACA”). As a 1099 Independent Contractor is it your responsibility to educate yourself on insurance recommendations and seek independent advice.

On-Demand Independent Contractors Association Membership Enrollment:

By agreeing to this Terms of Service, you understand you are agreeing to enroll in the On-Demand Independent Contractors Association (ODICA) and you are also agreeing to abide by the Bylaws of ODICA, as amended from time to time. As member of ODICA, users of Spur have access to Occupational Accident coverage which is an alternative way to workers compensation to a 1099 Independent Contractor in the event of an injury that has occurred in the course of business.

Membership in ODICA is non-transferable and only one membership in ODICA is allowed per eligible person. A member may cancel his or her membership within thirty (30) days from the date you join ODICA, by sending a cancellation letter with your name and membership number to Member Services. ODICA bylaws are available upon request. Nothing herein creates the relationship of employer-employee between member and ODICA. Members of ODICA have access to certain benefits and/or products offered by ODICA, or sponsored by ODICA, Benefits and/or products are offered at the sole discretion of ODICA, and may vary by availability, vendor or the member’s state of residence. ODICA may change vendors or immediately terminate the benefits and/or products offered without prior notice to members. Termination of membership in ODICA will result in the loss of such benefits and/or products. By agreeing to this Terms of Service you authorize ODICA to share your information with such third-party vendors on an as needed basis only.

Non-Voting Membership: By agreeing to this Terms of Service, you understand that you are enrolling as a non-dues-paying member of ODICA with no voting rights. You hereby state that you certify to the best of your knowledge and belief that all information on your user profile is complete and truthful and you are 18 years of age or older. Membership in ODICA is effective the first day of the month in which the member enrolls.

Liability Insurance:

Spur does not provide general liability, professional, or employment practices insurance to Workers on the Site.

Restrictive Covenants:

You hereby represent, covenant, and warrant that You are not covered by any restrictive covenant, including, but not limited to, a non-competition, non-solicitation, or non-disclosure agreement, that would in any way affect your performance of any Work for any Workplace. You agree that You will not accept any Work that violates any restrictive covenant to which you are now or may become subject. You recognize that Spur does not have the ability or obligation to pre-screen or validate any information regarding any restrictive covenant to which you may be subject now or in the future, and that the compliance with any such restrictive covenant is Your sole responsibility. You agree to indemnify, defend, and hold Spur harmless from any suit, claim, or other expense arising out of or related to Your violation or alleged violation of such restrictive covenant.

Job Posts, Frequency, & Pay Rates:

The Worker acknowledges and agrees that Workplaces are solely responsible for posting Jobs on the Platform. Spur is not obligated to monitor the posting of Jobs, the source of Jobs, the number of Jobs posted or their frequency, the acceptance of jobs by Workers, or the performance and completion of jobs. The Worker agrees that Workplaces solely control access and availability of Jobs in their discretion. Spur does not guarantee any amount of available Jobs, as availability is fully dependent on Workplace demand, which may drop off at any time for any reason. The Worker agrees further that Spur’s only role with respect to transactions involving a Job offered on the Spur Platform and that the Worker accepts is to provide access and use of the Spur Platform to facilitate the transaction between the Worker and Workplace.

The Workplace sets the hourly pay rate for jobs booked through Spur. Spur keeps 10% as a payment processing and referral fee, and the worker get the other 90%. The Worker acknowledges and agrees that Spur is not involved in setting any of these rates and it will not be held responsible for any issues or disputes that arise with respect to the Jobs posted on the Spur Platform. Additionally, Spur is not obligated to review or overturn a Workplace’s decision to reject a Worker’s offer to accept a Job or a Workplace’s rejection of a Worker's performance as unsatisfactory and Spur will not be held responsible for any such decisions.

Background Checks and Authorization and Release:

  • Background Checks: We may request background information about You from a consumer reporting agency in connection with your request to use the Site or Platform for work purposes. The Fair Credit Reporting Act (“FCRA”) defines such a report, including investigative consumer reports as defined under the FCRA, as a “Consumer Report”, and all inquiries are limited to information that affects job performance in the workplace. All requests are conducted in accordance with applicable federal and state laws including the FCRA. We use an outside agency for this screening: Inflection Risk Solutions, LLC d/b/a GoodHire P.O. Box 391403 Omaha, NE 68139, Phone: 1-888-906-7351 Fax: 650-362-1933. As a result, GoodHire may obtain a Consumer Report on You as a User of the Site or Platform.
  • Authorization and Release: Pursuant to the federal Fair Credit Reporting Act, You hereby authorize Spur and its designated agents and representatives to conduct a comprehensive review of Your background through a Consumer Report and/or an investigative consumer report to be generated for prescreening for Jobs. By accepting these Terms of Service, You acknowledge and agree that you have carefully read and understand this disclosure for the procurement of Consumer Reports. You also understand that information contained in Your profile or otherwise disclosed by You before or during Your use of the Platform, if any, may be used for the purpose of obtaining Consumer Reports and/or investigative consumer reports. By accepting these Terms of Service, You authorize law enforcement agencies, learning institutions (including public and private schools and universities), information service bureaus, credit bureaus, record/data repositories, courts (federal, state and local), motor vehicle records agencies, Your past or present employers, the military, and other individuals and sources to furnish any and all information on You that is requested by the consumer reporting agency. You certify the information You provide in order for Spur to obtain a Consumer Report is true and correct and will be valid for any reports that may be requested by or on behalf of Spur.

Payment for Work Completed:

Once a Worker has accepted a Job through the Platform, the Worker will be prompted to start and end the shift through the Platform to record time worked. After the Worker has completed a Job and indicated its completion by ending the shift, and after the Workplace has rated the work and indicated its acceptance of Your completion of such Job through the Platform, funds shall be released from the Workplace to the Worker in the amount agreed upon at acceptance of the job.

Spur provides payment services to Workers, including payment collection services, payments and payouts to the Workers via a third-party service, “Stripe Connect” (an application facilitating online payments and accessible at Stripe.com), and Worker must set up an account with Stripe Connect in order to accept such payments. The payment services may contain links to third-party websites or resources. Such third-party services are subject to different terms and conditions and privacy practices and Workers should review them independently. Spur is not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services. Links to such third-party services are not an endorsement by Spur of such third-party services.

As the Workers are not employees of Spur, Spur does not discourage or encourage the practice of “tipping” Workers. Workers should seek independent advice regarding the tax consequences of such “tips” or whether such “tips” alter the legal relationship between the Worker and a Workplace.

Ratings and Performance:

Workers are rated by the Workplace at the conclusion of a Job. The sole means of performance evaluation is in the rating system provided through the Platform. Spur has no obligation to review performance or engage in any disciplinary action. Within a certain timeframe after completing a Job, Workplaces can submit a rating (“Rating”) about the Worker. Any Ratings reflect the opinion of the Workplace authorized user and do not reflect the opinion of Spur. Ratings are not verified by Spur for accuracy and may be incorrect or misleading.

Within a certain timeframe after completing a Job, Workers can submit a rating (also a “Rating”) about the Workplace. Any Ratings reflect the opinion of the Worker and do not reflect the opinion of Spur. Ratings are not verified by Spur for accuracy and may be incorrect or misleading. Ratings by Workers and Workplaces must be fair, truthful, and factual.

Workers and Workplaces are prohibited from manipulating the Ratings system in any manner, such as instructing a Worker or Workplace to respond positively or negatively about another Worker or Workplace.

The Worker hereby waives any suit, claim, or action against Spur for defamation, slander, libel, or any other tort related to or arising out of Spur’s republication of any Rating, and hereby agrees to indemnify, defend, and hold Spur harmless for any suit, claim, or action arising out of the Worker’s Rating of any Workplace.

Additional Warranties and Representations:

The Worker hereby warrants, represents, and agrees that, upon the acceptance of a Job:

  • The Worker is capable of completing the Job in accordance with the Job requirements as posted on the Platform;
  • The skills, experience, background, and other information contained in the Worker’s profile is accurate and non misleading;
  • The Worker has obtained adequate insurance coverage as required by applicable local, state, and federal law.

Terms Specific to Workplaces

AS SET FORTH IN SECTION 1, SPUR DOES NOT PERFORM JOBS AND DOES NOT HIRE OR EMPLOY INDIVIDUALS TO PERFORM JOBS. NOTHING IN THESE TERMS OF SERVICE SHALL BE CONSTRUED TO CREATE A PARTNERSHIP, JOINT VENTURESHIP, FIDUCIARY, AGENCY, OR EMPLOYER-EMPLOYEE RELATIONSHIP BETWEEN YOU AND SPUR. If You are agreeing to these Terms of Service on behalf of a Workplace or other legal entity, You represent and warrant that You have the authority to bind Workplace or other legal entity to the Terms of Service and, in such event, “You” and “Your” will refer and apply to that company or other legal entity.

You acknowledge and agree that the Platform is intended for use only by Workplaces who can enter into relationships with Workers over the Platform.

The content, negotiation, performance, payment and other similar aspects and procedures of the Job are within the sole and exclusive discretion of the Workplace and Worker, and any of their affiliates or representatives, and not controlled or influenced by Spur in any material respect.

Tax Reporting & Payments:

The Workplace understands and agrees that Workers are independent contractors with respect to Spur, and that Spur is not their employer. Spur will not collect a Form W-4 from any Worker, and Spur does not withhold any amounts or make any tax payments on behalf of Workers. Spur will provide the Worker with a Form 1099 (through a third-party vendor) for each applicable tax year in which the Worker performs Jobs for a Workplace. Spur does not provide advice or guidance on tax matters, and does not warrant or represent that the classification of a Worker as an independent contractor for purposes of the Internal Revenue Code is correct. The Workplace should seek independent advice on its obligations under any applicable local, state, or federal tax laws.

Benefits and Withholding:

Workers are not entitled to or eligible for benefits, whether through Spur or any Workplace, including without limitation health insurance, workers’ compensation insurance, paid vacations, sick leave, profit-sharing, retirement benefits, or any other fringe benefit that Spur or a Workplace may make available to its employees. As the Worker is an independent contractor, neither Spur nor the Workplace will withhold or make payments for social security, unemployment insurance, disability insurance, or workers’ compensation insurance on behalf of the Worker.

I9 & E-Verify:

Workers on the Spur Platform are independent contractors and Spur does not verify the identity and employment authorization of Workers via Form I-9 and E-Verify. It is the responsibility of the Workplace to seek independent legal advice in regards to the classification of the Worker and responsibility to screen and/or verify the identity and employment authorization of Workers on the Spur Platform.

Insurance:

Spur maintains appropriate general, umbrella, professional, crime, technology errors and omissions, and employment practices liability insurance. A Workplace may request a copy of Spur’s Certificate of Insurance. Please direct any such notice to Spur Attn: Legal Department at P.O. Box 107, Huntsville, Alabama 35804 or by email at Legal@SpurJobs.com.

Spur does not provide any form of insurance to Workplaces, including, but not limited to, general commercial, professional, or employment practices liability insurance; or workers’ compensation insurance.

Our Relationship:

By accepting the Terms of Service, You acknowledge that Spur is not a Professional Employer Organization as defined by the Internal Revenue Code or regulations promulgated thereunder. You further acknowledge that Spur is not a co-employer of any Worker.

Workers:

You acknowledge that Workers are independent contractors, and not employees of Spur for the purposes of all local, state, or federal employment law, including, but not limited to, workers’ compensation statutes; the Fair Labor Standards Act, as amended; the Portal-to-Portal Act, as amended; the Affordable Care Act, as amended; the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, as amended; the Age Discrimination in Employment Act, as amended; the Genetic Information Nondisclosure Act, as amended; the Servicemembers’ Civil Relief Act, as amended; the Family Medical Leave Act, as amended; the Internal Revenue Code; and all similar local or state laws as well as all local, state, and federal regulations promulgated under any employment law whatsoever. Spur expressly disclaims any responsibility or knowledge of the relationship between the Workplace and the Worker with respect to any employment legislation, and advises Workplaces to seek independent legal advice regarding their rights and responsibilities with respect to Workers.

OSHA Compliance:

You represent and warrant that the physical location of any Job will comply with all applicable Occupational Safety and Health Administration (OSHA) regulations in effect at the time the Worker performs the Job. You agree to indemnify, defend, and hold Spur harmless from suits, claims, or other expenses arising out of a violation or alleged violation of any OSHA regulation arising out of your use of the Platform, including but not limited to Spur’s attorney’s fees, court costs, or fines imposed by a government body.

Restrictive Covenants:

You recognize that Spur does not have the ability or obligation to pre-screen or validate any information regarding any restrictive covenant, including but not limited to, a non-competition, non-solicitation, or non-disclosure agreement to which a Worker may be subject now or in the future. Spur disclaims any liability for any Worker being subject to a restrictive covenant that may restrict that Workers’ ability to perform a Job, including a non-compete, non-solicitation, or non-disclosure agreement. Spur further disclaims responsibility for any costs, payments, judgments, or other expenses the Workplace may be subject to as a result of a Workers’ violation (or alleged violation) of such a restrictive covenant.

You further warrant that You will not offer any Job to a Worker if You are subject to a restrictive covenant that bars your employment of such Worker. You agree to indemnify, defend, and hold Spur harmless from any suit, claim, or other expense arising out of or related to Your violation or alleged violation of such restrictive covenant.

Job Acceptance:

You acknowledge that You are solely responsible for posting Jobs on the Platform. Spur is not obligated to monitor the posting of Jobs, the source of Jobs, the number of Jobs or their frequency, the acceptance of Jobs by Workers, or the performance and completion of Jobs. The Workplace agrees that Workers control the acceptance of Jobs in their sole discretion. Spur does not guarantee any rate of acceptance of Jobs, that any particular Job will be accepted, or that any specific Worker will accept a Job, as acceptance of Jobs is fully dependent on the Workers. Spur does not guarantee that a Workplace’s jobs will be filled by Workers or any specific Worker on the Platform. The Workplace agrees further that Spur’s only role with respect to transactions involving a Job offered on the Platform and that the Worker accepts is to provide access and use of the Platform to facilitate the transaction between the Worker and Workplace.

Background Checks and Disclaimer of Warranty:

  • Background Checks: We may request background information about Workers from a consumer reporting agency in connection with their request to use the Site or Platform for work purposes. The Fair Credit Reporting Act (FCRA) defines such a report as a Consumer Report, and all inquiries are limited to information that affects job performance and the workplace. All requests are conducted in accordance with applicable federal and state laws including the FCRA. We use an outside agency for this screening: Inflection Risk Solutions, LLC d/b/a GoodHire P.O. Box 391403 Omaha, NE 68139, Phone: 1-888-906-7351 Fax: 650-362-1933. As a result, GoodHire may obtain a Consumer Report on Workers as users of the Site or Platform. You hereby acknowledge that Spur checks the backgrounds of each Worker using a third-party background check service that includes, but is not limited to, a sex offenders registry check, county, state, federal and national criminal records check, and domestic and international terrorist watchlist check. You further acknowledge and agree that although Spur performs background and identity checks on each Worker, Spur cannot confirm that each Worker is who they claim to be and therefore, Spur cannot and does not assume any responsibility for the accuracy or reliability identity or background check information or any information provided through the Service.

  • YOU FURTHER ACKNOWLEDGE AND AGREE THAT SPUR AND ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES PERFORMED PURSUANT TO THE ARRANGEMENT BETWEEN THE WORKER AND THE WORKSITE NOR IS SPUR RESPONSIBLE FOR ANY ACTS OR OMISSIONS OF THE WORKERS AT THE WORKSITE. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT SPUR AND ITS OFFICERS, EMPLOYEES, AND AGENTS ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING WORKERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know.

  • You acknowledge that to the extent Spur conducts a background check, it does so only upon the Worker’s initial sign-up with Spur. Additional background checks will not be run unless all parties (Spur, the Worker, and the Workplace) agree and request such in writing. You agree that an additional fee may be charged for additional background checks that are agreed to by all parties. No representation is made that the initial background check accurately reflects occurrences following the initial background check.

  • Spur has its own internal minimum standards for Workers which it applies to any and all background checks performed. Spur’s internal standards are proprietary and sensitive and may change from time to time. Spur’s standards are intended to comply with federal law and to ensure a certain minimal level of qualification under Spur’s own criteria. However, Spur makes no representation that the Workers who satisfy Spur’s standards for background checks have never committed a crime, been arrested, experienced credit problems, filed for bankruptcy, or otherwise engaged in activities that You may deem unconducive to the Workplace or inappropriate given Your proposed task for the Worker, nor does Spur make any representation that the Worker is suitable to a particular activity, profession, task, or assignment. SPUR ALSO MAKES NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY PARTICULAR WORKER AND SPUR MAKES NO GUARANTEES, GIVES NO ASSURANCES, AND MAKES NO REPRESENTATIONS THAT ANY GIVEN WORKER IS FIT FOR A PARTICULAR TASK, GIG, OR ASSIGNMENT.

Payments to Workers:

Once a Worker has accepted a Job through the Platform, the Worker will be prompted to start and end the shift on the Platform to record time worked. After the Worker has completed the Job and indicated such completion by ending the shift, and after the Workplace has rated the Worker’s performance and accepted the Worker’s work through the Platform, funds shall be released from the Workplace to the Worker in the amount agreed upon between the Worker and Workplace at acceptance of the Job.

Spur provides payments services to Workers, including payment collection services, payments and payouts to the Workers via a third-party service, Stripe Connect (an application facilitating online payments and accessible at Stripe.com), and Workplace must set up an account with Stripe Connect in order to pay Workers for completed Jobs. The payment services may contain links to third-party websites or resources. Such third-party services are subject to different terms and conditions and privacy practices and Workers should review them independently. Spur is not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such Third-party services. Links to such third-party services are not an endorsement by Spur of such third-party services.

The Spur payment processing procedures is limited to 1099 compensation. Spur does not collect W-4 withholding information from Workers, nor does it perform any withholding from payments to Workers. We do not certify or provide advice on worker classification. You should seek independent legal advice on worker classification in regards to Your use of this Site and the Platform.

By accepting these Terms of Service, the Workplace agrees that it will comply with all applicable local, state, and federal minimum wage laws, and that the minimum hourly compensation to be paid to a Worker by a Workplace shall be $7.25 per hour, unless applicable local, state, or federal minimum wage laws require a higher hourly compensation, in which case the higher hourly compensation will be the minimum hourly compensation paid to a Worker by a Workplace.

As the Workers are not employees of Spur, Spur does not discourage or encourage the practice of “tipping” Workers. Workplaces should seek independent legal advice regarding the payment of such “tips” to Workers and whether such “tips” alter the legal relationship between the Workplace and Worker or the Workplace’s obligations.

Hourly Payrate, Payment Method, and Payment Processing Errors:

  • Hourly Payrate: The Workplace sets the hourly pay rate for jobs booked through Spur. The Worker will start and end the shift via the Spur app. Once the Worker ends the shift, the Workplace has 24 hours to review the time entered. Any time that is deemed incorrect can be disputed by either the Workplace or the Worker. If the time entered is not disputed by either party within 24 hours, the shift is closed automatically, the Workplace will be responsible for Total Charges, and the Worker will only be entitled to the amount of the agreed upon hourly rate multiplied by the hours recorded minus any fees charged by Spur.
  • Payment Method: You may elect to pay either automatically by credit card or automated clearing house (ACH) payment, or We may approve you for invoicing.
  • Credit Card or ACH When You add or use a new credit card or ACH payment method, Spur may verify the payment method by authorizing a nominal amount, not to exceed one dollar ($1), or a similar sum in the payment method’s local currency. When You add a payment method during account creation, we will automatically save that payment method to Your Spur Account so it can be used for a future transaction. Please note that payment methods involve the use of third-party payment service providers. Your payment method may also be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review these terms and conditions before using Your payment method. You authorize the third-party to store your payment method information and charge your payment method as outlined in these payments terms. If your payment method’s account information changes (e.g., account number, routing number, expiration date) it is Your responsibility to update the information in order to continue use of the Site and/or Platform. You are solely responsible for the accuracy and completeness of your payment method information. Spur is not responsible for any loss suffered by you as a result of incorrect payment method information provided by you.
  • Invoicing If You are approved for invoicing, We will bill you weekly at the Workplace email address on file. Invoices will include a 5% service fee in addition to any other charges. Invoices will be due and payable 15 days after issuance. Invoices that are not paid within 15 days of issuance will accrue interest at a rate of 1.5% per month, or, if applicable local, state, or federal law mandates a lower maximum rate of interest than 1.5% per month, such maximum interest rate. We reserve the right to, at our sole option and discretion, permanently or temporarily remove Your access to the Site or Platform if any invoices remain unpaid 15 days after issuance. We further reserve the right to assign any unpaid invoices to a collection agency. You hereby waive any and all exemptions and agree to pay all costs, attorneys’ fees and expenses incurred in connection with any collection efforts.
  • Payment Processing Errors: We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payout method used for the original payout by you, so that you end up paying the correct amount.

Ratings and Performance:

Workers are rated by the Workplace at the conclusion of a Job. The sole means of performance evaluation is in the rating system provided through the Platform. Spur has no obligation to review performance or engage in any disciplinary action. Within a certain timeframe after completing a Job, Workplaces can submit a Rating about the Worker. Any Ratings reflect the opinion of the Workplace authorized user and do not reflect the opinion of Spur. Ratings are not verified by Spur for accuracy and may be incorrect or misleading. Within a certain timeframe after completing a Job, can submit a Rating about the Workplace. Any Ratings reflect the opinion of the Worker and do not reflect the opinion of Spur. Ratings are not verified by Spur for accuracy and may be incorrect or misleading. Ratings by Workers and Workplaces must be fair, truthful, and factual.

Workers and Workplaces are prohibited from manipulating the Ratings system in any manner, such as instructing a Worker or Workplace to respond positively or negatively about another Worker or Workplace.

The Workplace hereby waives any suit, claim, or action against Spur for defamation, slander, libel, or any other tort related to or arising out of Spur’s republication of any Rating, and hereby agrees to indemnify, defend, and hold Spur harmless for any suit, claim, or action arising out of the Workplace’s Rating of any Worker.

Additional Warranties and Representations:

The Workplace warrants, represents, and agrees that:

  • The Job as described on the Platform is a fair and accurate presentation of the work that the Workplace wishes to have performed by the Worker;
  • The Workplace has provided any necessary descriptions, instructions, schedules, and specification to the Worker in the Job posting on the Platform;
  • Any descriptions of the form and scope of the desired work are reasonably accurate;
  • The pay rate specified in the Job acceptance is correct and acceptable to the Workplace; All Jobs comply with applicable local, state, and federal law.

User Information, User Generated Content, and Restrictions on Use

You acknowledge that Spur has no obligation to pre-screen or validate User Information that Users of the Site or Platform submit in relation to establishing a profile or account with Spur or any content submitted to Spur or posted on the Site or Platform (“User Generated Content”). You are solely responsible for providing accurate, current and complete information in connection with any User Information or User Generated Content that You publish to the Site or Platform or make available through the Services, and You represent and warrant that You have all necessary rights to submit such User Information or User Generated Content to Us.

To market Our Sites, Services, and mobile applications. We may use the information You provide in Your profile, such as Your name, picture, the date You created Your account, Your employment and/or education history, previous Jobs You have completed or submitted, ratings of other users, and self-description in Our marketing materials to third parties.

You will not use this Site or Platform for any use other than the business purposes for which it was intended. You will not take any of the following actions with respect to the Site or Platform or any server providing hosting to the Site or Platform, User Information, or User Generated Content, nor will you use the Site or Platform to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any content or use the Site or Platform in any manner that:

  • uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise;
  • decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Site or Platform or server hosting the Site or Platform;
  • manipulates or otherwise displays the Site or Platform by using framing, mirroring or similar navigational technology or directly links to any portion of the Site or Platform other than the main homepage located at www.SpurJobs.com;
  • uses any robot, spider, scraper or other automatic or manual means to access the Site or Platform or copies any content or information on the Site or Platform;
  • removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of Spur or its affiliates, partners, suppliers or the licensors;
  • modifies, adapts, improves, enhances or makes any derivative work from the Site or Platform;
  • disables, overburdens, impairs or otherwise interferes with or interrupts the Site or Platform or any hardware, software, system or network connected with the Site or Platform;
  • probes, scans, or tests the vulnerability of or breach the authentication measures of the Site or Platform or any related networks or systems;
  • interferes with any other party’s use and enjoyment of the Site or Platform;
  • infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement;
  • compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party;
  • is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions;
  • promotes or provides instructions for illegal activities;
  • encourages any conduct that would constitute a criminal offense or that gives rise to civil liability;
  • disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware;
  • attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means;
  • or accesses systems, data or information not intended by Spur to be made accessible to You.

Privacy Policy

Your privacy is important to Us. Please take a moment to review our Privacy Policy, which explains Spur’s practices relating to the collection and use of Your User Information through or in connection with the Site or Platform. The Privacy Policy is incorporated into the Terms of Services, and governs Spur’s use of Your User Information and any other information You submit or otherwise make available to Us in connection with the Site or Platform. Our Privacy Policy is available at “Privacy Policy”.

No Warranties

ALL CONTENT ON THE SITE OR PLATFORM IS PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND SPUR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPUR MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE OR PLATFORM. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE OR PLATFORM IS AT YOUR SOLE RISK. SPUR MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE OR PLATFORM WILL BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE OR PLATFORM IS FREE OF VIRUSES, WORMS, OR OTHER “MALWARE.”

Trademarks

All trademarks, service marks and logos that are used or displayed on the Site or Platform are owned by Spur. You must obtain Spur’s written permission prior to using any trademark or service mark of Spur. Unauthorized use of any trademarks, service marks or logos used on the Site or Platform may be a violation of state, national and international trademark laws. Additionally, Spur’s custom icons, graphics, logos and scripting on the Site or Platform may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without the prior written permission of Spur.

Copyright Infringement Notice

It is Spur’s policy to remove data or content that violates applicable copyright law. Pursuant to § 512 of Title 17 of the United States Code, Spur has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with the law. To file a copyright infringement notification with Us, You will need to send a written communication to Spur’s Legal Department, listed below, containing substantially the following information or such other information as may be required by 17 U.S.C. § 512(c)(3):

  • a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please direct any such notice to Spur Attn: Legal Department at P.O. Box 107, Huntsville, Alabama 35804 or by email at Legal@SpurJobs.com.

The foregoing contact information is for use solely with notice of copyright infringement and You may not receive a response to any other communications, feedback, comments, or requests for technical support delivered to the foregoing address or e-mail.

Reviews, Comments, and Other Content

If You post any User Generated Content, including, but not limited to, reviews, comments, photos, statements, ideas, or questions to the Site or Platform, You acknowledge and agree that all such Content shall comply with the Terms of Service and You may not use any fake or “dummy” e-mail address or otherwise impersonate any other person or entity, or otherwise mislead as to the origin of such User Generated Content.

Unless We indicate otherwise, you grant Spur an unlimited, worldwide, perpetual, irrevocable, enterprise-wide, sub-licenseable, transferable, and royalty-free license to use Your User Generated Content on any media and in any form. If you provide any names or user names in connection with such User Generated Content, You grant Spur all right, title, and interest to that name or user name. You represent and warrant that all User Generated Content that You submit or post complies with any guidelines or rules of the United States Federal Trade Commission, including, but not limited to, 16 C.F.R. Part 255 regarding truth-in-advertising and disclosure requirements. You represent and warrant that all User Generated Content You submit to the Site or Platform is accurate, truthful, and non-deceptive, and that You possess evidence to back up any and all claims made in such User Generated Content. You further represent and warrant that You own or otherwise have the legal authority the proprietary rights to the User Generated Content You submit or post to the Site or Platform and that you will indemnify, defend, and hold Spur harmless for all claims and/or lawsuits resulting from Your posting or submission of User Generated Content.

Modifications

Spur reserves the right to modify the Site and Platform and the rules and regulations governing their use, at any time, including, without limitation, these Terms of Service. Modifications will be posted on the Site and the “last updated” date at the top of this web page will be revised. You understand and agree that if You use this Site after the date on which the Terms have changed, Spur will treat Your use as acceptance of the updated Terms of Service. Spur may make changes in the services described in this Site at any time.

Violation of Rules and Regulations; Disclosure of Information

Spur reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in these Terms of Service, including the right to block access from a particular Internet address to the Site. Spur may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Spur reserves the right at all times to:

  • disclose any information as Spur deems necessary to satisfy any applicable law, regulation, legal process or governmental request; or
  • edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in Spur’s sole discretion.

Indemnity

In addition and cumulative to any indemnification obligations otherwise provided herein, You shall indemnify, hold harmless, and defend Spur and its officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Parties”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, that are incurred by an Indemnified Party (collectively, “Losses”), arising out of or related to any third-party claim (including the claim of any other User) that arises out of Your breach of any warranty, representation, or agreement contained in the Terms of Service. Notwithstanding anything in these Terms of Service, an Indemnified Party may select its own legal counsel to represent its interests.

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT SPUR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE AND/OR PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SITE AND/OR PLATFORM; (B) ANY ACTION TAKEN IN CONNECTION WITH THE COPYRIGHT(S) OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THIS SITE AND/OR PLATFORM; (E) THE FAILURE OF ANY WORKER TO PERFORM ANY JOB TO THE WORKPLACE’S SATISFACTION; (F) THE FAILURE OF ANY WORKPLACE TO PAY A WORKER ANY AGREED-UPON AMOUNT; OR (G) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE SITE, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE SITE; OR (3) VIRUSES.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE SITE, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN $50. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE SITE WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THIS AGREEMENT. BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to You to the extent prohibited by law. In such cases, Spur’s liability will be limited to the fullest extent permitted by applicable law.

Third Party Sites

Some links in the Platform or Site may navigate You away from Spur’s Site and/or Platform or redirect You to other websites, including websites operated by third parties. Please be aware that those websites may collect personally identifiable information (“PII”) from or about You and non-PII about Your visit. The linked sites are not under the control of Spur, and the content available on the Internet sites linked to this Site and/or Platform does not necessarily reflect the opinion of Spur. Spur is providing these links to other Internet sites as a convenience to You, and access to any other Internet sites linked to this Site and/or Platform is at Your own risk. The inclusion of any link does not imply a recommendation or endorsement by Spur of the linked site. You should review the terms of use and privacy policies that are posted on any website that You visit, before using any linked websites. Spur accepts no liability for any information, products, advertisements, content, services or software accessible through these third-party websites or for any action You may take as a result of linking to any such website. Spur is under no obligation to maintain any link on the Site and/or Platform and may remove a link at any time in its sole discretion for any reason whatsoever. Spur shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website. Spur is not responsible for the privacy practices of any other websites.

No Fiduciary Relationship

Except to the extent set forth in a separate agreement between You and Us, there is no fiduciary relationship between You and Us. The Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between You and Us. You may not enter into any contract on Our behalf or bind Us in any way.

Right to Monitor

Spur reserves the right to actively monitor the use of the Platform and Site and use any information gathered during such monitoring for any permissible purpose under the Privacy Policy. Additionally, Spur may, at any time as it deems appropriate, remove any materials from the Platform or Site that, in Spur's sole discretion, may be illegal, may subject Spur to liability, may violate these Terms of Service, or are, in the sole discretion of Spur, inconsistent with Spur's purpose for the Site or Platform.

Electronic Communications

When You visit the Platform or Site or send e-mails to Us, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by e-mail, sending You messages through the Platform, or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Us electronically are deemed to be given and received on the date We transmit any such electronic communication as described in these Terms of Service.

Governing Law and General Principles

This Site is operated by Spur from its offices within the United States of America. Spur makes no representation that the information in the Site or the Platform is appropriate or available for use in other locations, and access to the Site or Platform from territories where the contents of the Site or Platform may be illegal is prohibited. Those who choose to access this Site or the Platform from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.

By using the Site and/or Platform, regardless of where You live or are located in the world, You consent to these Terms of Service and any claims relating to the information, services or products made available through this Site and/or Platform will be governed by the laws of the State of Alabama, U.S.A., excluding the application of its conflicts of law rules.

If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms Service and will not affect the validity and enforceability of any remaining provisions. You may not assign, transfer or delegate these Terms of Service and Your rights and obligations hereunder without Spur's prior written consent. Spur may, without restriction assign, transfer or delegate these Terms of Service and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate these Terms of Service at any time remains unaffected.

Spur’s failure to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of Spur’s right to subsequently enforce such provision or any other provisions of these Terms of Service.

You agree that any claim You may have arising out of or related to Your use of the Site, Platform, or Your relationship with Spur must be filed within one year after such claim arose; otherwise, Your claim is permanently barred. You agree that any violation, or threatened violation, by You of these Terms of Service constitutes an unlawful and unfair business practice that will cause Us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Our obtaining any injunctive or equitable relief that We deem necessary or appropriate. These remedies are in addition to any other remedies We may have at law or in equity.

Any notices or other communications to Workers and/or Workplaces permitted or required under these Terms of Service will be in writing and given by Spur via Platform notifications.

Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms of Service constitute the entire agreement between Spur and You pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Spur and You in relation to the access to and use of the Site and Platform.

Arbitration and Class Action

Any dispute, controversy, or claim arising out of, relating to, or in connection with Your use of the Site, the Platform, or these Terms of Service, including the breach, termination, or validity thereof, shall be finally resolved by binding arbitration before the American Arbitration Association using its Commercial Arbitration Rules. The site of such arbitration shall be Huntsville, Alabama. The arbitrator shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the agreement to arbitrate. To the maximum extent permitted by law, you agree to arbitrate solely on an individual basis, and acknowledge and agree that these Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class, representative, or collective arbitration proceeding. To the maximum extent permitted by law, you agree that the arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that notwithstanding the tribunal’s power to rule on its own jurisdiction and the validity or enforceability of the agreement to arbitrate, the tribunal has no power to rule on the validity or enforceability of the agreement to arbitrate solely on an individual basis. you agree that in the event the prohibition on class arbitration is deemed invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this arbitration agreement will remain in full force and effect. Judgment on any award may be entered by any court having competent jurisdiction, and You specifically agree and waive objection and hereby submit to the jurisdiction of the state and federal courts in Madison County, Alabama. The provisions of this paragraph notwithstanding, You agree that We may seek temporary or preliminary injunctive relief against You prior to arbitrating any dispute, controversy, or claim as necessary to protect Our interests in the enforcement of these Terms of Service without waiving the arbitration provisions of this Agreement.

Waiver of Jury Trial

SEPARATE AND APART FROM THE FOREGOING ARBITRATION PROVISION, AND IN ADDITION TO SUCH PROVISION, YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE TRANSACTIONS CONTEMPLATED HEREIN. YOU CERTIFY AND ACKNOWLEDGE THAT YOU HAVE CONSIDERED THE IMPLICATIONS OF THIS WAIVER, YOU HAVE MADE THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND THAT WE WERE INDUCED TO ENTER INTO THESE TERMS OF SERVICE BY, AMONG OTHER THINGS, THE WAIVER AND CERTIFICATIONS IN THIS PARAGRAPH.

Jurisdiction and Venue

SEPARATE AND APART FROM THE FOREGOING ARBITRATION PROVISION, AND IN ADDITION TO SUCH PROVISION, You agree that any legal suit, action, or proceeding arising out of or relating to these Terms of Service or the transactions contemplated hereby that for any reason is not submitted to arbitration (or in the event the arbitration provision is stricken from this agreement) shall only be instituted in the state or federal courts located in Madison County, Alabama, and You irrevocably submit to the exclusive jurisdiction of such courts in any suit, action, or proceeding not covered by the arbitration provision set out above. The provisions of this paragraph do not alter, amend, or supersede the requirement that you submit any dispute, controversy, or claim arising out of or related to these Terms of Service or the transactions contemplated herein to binding arbitration as spelled out above.