All parties to this Agreement are independent contractors and not joint venturers, franchisors or franchisees, partners, employees, agents or brokers of TaskArmy or TaskArmy customers (other than Internal Users and Employee Freelancers who are employees solely of the customer) or the recipient of the services on an Assignment (the “End User”). Freelancers (other than Internal Users and Employee) represent and acknowledge that they are not employees of TaskArmy, the customer or the End User. Freelancers are and shall identify themselves as independent contractors to any third party. As an independent contractor, the Freelancer represents that the Freelancer is an independently-established business which shall be treated as an independent contractor and not as an employee, partner or agent or joint venturer for federal, state and local tax purposes and for all other purposes. As independent contractors, Freelancers are solely responsible for any and all federal, state and local income tax and social security and unemployment taxes, any VAT tax, sales tax, use tax and any workers’ compensation contributions for itself and any of its employees. Freelancers will be responsible for maintaining all records and remitting any taxes to the appropriate taxing authorities and to submit any required documentation or filings. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE AS AN INDEPENDENT CONTRACTOR AND THIS IS AN ESSENTIAL TERM OF THIS AGREEMENT. As independent contractors, Freelancers bear all of the costs and risks of operating their own business including risks of loss. Freelancers agree to report the income received pursuant to this Agreement consistent with the reporting requirements of an independent contractor. As independent contractors, Freelancers retain the right to provide services to other Users as well as entities not on the TaskArmy Platform. In so doing, Freelancers shall not use or disclose any proprietary or confidential information with which they became familiar as a result of their access to the TaskArmy Platform.
As an independent contractor, the Freelancer has the right to:
The Freelancer agrees that as an independent contractor, the Freelancer is solely responsible for the materials, supplies, equipment and all other costs incurred in the performance of providing the service and that there shall be no reimbursement for any materials, supplies, equipment or operating costs by TaskArmy or the customer.
Freelancers understand and agree that the Assignment generated by a customer is between the Freelancer performing the service and the customer procuring that service. Unless the End User is also the User procuring the service, the Freelancer agrees that the only communication with the End User is to schedule and confirm appointments (if requested in the Assignment) and to deliver the service. The Freelancer is prohibited from directly or indirectly contacting End Users after the completion of the service and shall not circumvent the customer or TaskArmy in any way. For example, the Freelancer may not leave business cards, flyers, web site addresses or other contact information with End Users.
TaskArmy does not make any representations and disclaims all warranties, express or implied, regarding the information contained in User profiles and the Assignments posted, including but not limited to their accuracy, legality, safety, completeness or quality, as well as the identities of Users. TaskArmy cannot and does not guarantee verification of each User’s identity and/or the information contained in any User profile, the suitability of any Freelancer to fulfill its obligations under an Assignment, or the ability or willingness of any customer to fulfill its obligations with respect to an Assignment including that customer’s ability to provide payment in a timely manner. Consequently, it is the User’s responsibility to verify the identity of any other User and that User’s suitability with respect to an Assignment including such User’s ability to provide payment in a timely manner. Task Army’s web site may contain links to web sites operated by third parties: These links are for convenience only and TaskArmy is not responsible for their content, privacy policies nor is the link an endorsement of material on them. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TaskArmy PLATFORM, ITS SERVICES, ALL USER PROFILES, AND WORK ASSIGNMENTS ARE PROVIDED TO USERS HEREUNDER “AS IS” WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE TaskArmy PLATFORM AND SERVICE RESIDES WITH THE USERS. ALL OTHER CONDITIONS OR WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
IN NO EVENT WILL TaskArmy BE LIABLE FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE TaskArmy PLATFORM OR SERVICES PROVIDED OR PERFORMED HEREUNDER, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE OR OTHERWISE. USERS AGREE THAT SHOULD THERE ARISE ANY LIABILITY ON THE PART OF TaskArmy, THAT TaskArmy’S LIABILITY SHALL BE LIMITED TO THE TOTAL SUM OF FEES FOR THE ASSIGNMENT, AND ONLY THAT ASSIGNMENT, THAT CAUSED SUCH LIABILITY.
Users agree to abide by all applicable laws, statutes, ordinances and regulations, including but not limited to, laws governing speech (e.g., defamation), copyright, personal privacy, confidentiality, discrimination and other individual rights in using the TaskArmy Platform. No User may post content on or communicate through the TaskArmy web site in violation of any applicable law, nor to require a User to violate any applicable law or agreement, including, without limitation any confidentiality or non-disclosure agreement.