A. INTRODUCTION TO TERMS OF SERVICE AND CONDITIONS
Nerdrangers.com (“WebService”, "Nerd Rangers" or "Company") is run by LARKS GROUP, LLC. Use of Nerd Rangers is dependent on agreeing to the subsequent Nerd Rangers Terms and Conditions ("T&C" or or “Terms”). Use of the Web Service is an agreement to all T&Coutlined. Nerd Rangers reserves the right to amend the T&C. Amendments will be made public in the T&C and active once posted.
B. NERD RANGERS PROVIDER REPRESENTATION
Providers of services to Clients on Nerd Rangers have been screened regarding their background credentials. Education, skill-level, and other provider information are offered on a volunteer basis by the provider and are certified by outside agencies when designated next to the information. Nerd Rangers makes no guarantees regarding the identities or representations of providers on Nerd Rangers, and Providers are not employees of Nerd Rangers, but independent contractors used directly by clients of Nerd Rangers (such clients using the services of Providers referred to herein as “Clients”). Nerd Rangers is not responsible for Provider’s work. Nerd Rangers does not officially endorse the use of any particular Provider but may highlight certain Providers more prominently. Agreements for work and payment occur between Clients and Providers with Nerd Rangers as an intermediary. It is up to the Client and Provider to establish the terms of their relationship beyond their respective use of Nerd Rangers. Contracts and associations between Clients and Providers are bound to applicable national, federal, state or local laws. Disagreements between Clients and Providers are the domain of Clients and Providers.
Use of Nerd Rangers constitutes a release of liability, damages, and claims of all kinds between Clients and Providers. For the avoidance of doubt, such waiver includes a waiver of all future liability, damages and claims of any kind that may result due to the failure of a product or service provided and/or installed by a Provider. Use of Nerd Rangers predicates upon your acceptance of the T&C and acknowledgement of this condition.
Nerd Rangers’ background check (Verification) is composed of:
Using leading background search firms to establish a verification of identity based on social security number, previous work history, previous addresses and criminal history. Nerd Rangers reserves the right to not allow Providers to post a profile and transact on the platform based on this information. Nerd Rangers’ use of this information is not for employment since Nerd Rangers does not employ Providers.
License information may post to Nerd Rangers and hold verification by third parties but Nerd Rangers does not verify licenses directly.
Skill levels may post to Nerd Rangers and hold verification from third parties but Nerd Rangers does not verify skills directly.
Insurance and Bonding information may post to Nerd Rangers and hold verification from third parties but Nerd Rangers does not verify insurance and bonding directly.
Nerd Rangers does not claim to verify all Providers on its Web Service, but Providers verified by Nerd Rangers are entitled to show Verification.
Providers rejected due to unsatisfactory qualifications ascertained via the review process are entitled to a one-time appeal for verification.
Nerd Rangers’ verification practices can change and at the discretion of Nerd Rangers. Changes will post to the T&C
The quality of information gleaned from verification procedures is not guaranteed and may change after Nerd Rangers searches for said verifications. Nerd Rangers only claims to perform searches during a Providers initial application to use Nerd Rangers.
Nerd Rangers does not claim or guarantee in relation to verification procedures or any warranties associated with verifications of use of a Provider. This is governed by an understanding that verifications do not guarantee and are not limited to implied warranties of fitness for a particular purpose, sufficient standards, or timeliness and veracity.
Nerd Rangers recognizes that Providers are utilizing their highly technical skills while operating as an independent business for their own accounts. As a provider:
You are fully allowed and encouraged to advertise for or pursue other jobs outside of Nerd Rangers. Nerd Rangers does not control or prohibit you from performing work outside of Nerd Rangers job notifications.
Unless otherwise stated, you will be paid by the job and not by the time on-site.
You are fully allowed and encouraged to find the optimal method and manner of accomplishing jobs on Nerd Rangers. Nerd Rangers will not train you on how to perform computer repair, TV mounting, or other jobs, nor will Nerd Rangers control how you decide to perform a job. Instead, you must perform your own independent judgments on the job site that include the sequence of work and what materials to purchase in order to complete the job. Nerd Rangers explicitly gives up the right to control the details of a worker's performance.
You must supply your own tools, which may consist of (but is not limited to) TV mounts, code compliant wire concealers, stud checkers, paid or free virus removal software, and paid or free computer tune-up software. Nerd Rangers does not control or provide the instrumentalities, tools, and the place for you to do work.
You must supply your own vehicle of transportation. Nerd Rangers does not control or provide transportation for providers.
If work is required off-site from the client, you must supply your own space. Nerd Rangers will not provide space to store your equipment or materials.
Nerd Rangers’ integral business is remote technical support. You must acknowledge that the on-site work you are performing work is merely a facet of Nerd Rangers’ operations which is not wholly integral to Nerd Rangers’ core business.
You will not necessarily be interviewed before joining, and are not required to undergo extensive training by Nerd Rangers.
You are free to claim as many or as few jobs as you wish.
You are free to turn down jobs for any reason, including (but not limited to) because you are too busy with other jobs not originating from Nerd Rangers.
You are allowed and encouraged to hire additional workers as you see fit, especially in the case of TV mountings and other jobs that might require additional on-site workers.
Nerd Rangers only requires that additional workers pass a background check.
Nerd Rangers does not control who and when to hire along with how much to pay additional workers. These factors are left to the sole discretion of your independent business.
You and Nerd Rangers are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Nerd Rangers does not control appointment times, but merely passes the client’s requested appointment windows directly to you. You are free to work whenever you want, and set appointment times that are optimal between you and the client.
You agree to indemnify and hold Nerd Rangers harmless from any and all liability, damages and/or claims of any kind that result from the provision of your services to the Client. This indemnity includes, but is not limited to, any future liability, damages and/or claims and/or products that you may install.
D. USE OF THE WEB SERVICE
Nerd Rangers reserves the right to revoke access to the Web Service. Circumventing Nerd Rangers’ intentions or an abuse of the Web Service can constitute banishment from use of the Web Service. This may include standards of good taste as deemed by Nerd Rangers and appropriate jurisdictional laws. Nerd Rangers maintains its rights at all times to terminate use of the Web Service, and to begin legal actions and proceedings to seek remedies and damages relating to but not limited to repairs, lost revenue, legal fees, costs, and injunctions.
Use of the Web Service by Clients and Providers bounds them to acceptance of the following conditions
Clients and Providers are required to maintain transactions on Nerd Rangers if initiated on or by Nerd Rangers. Any violation of this voids Clients and Providers of use of Nerd Rangers and of any advocacy performed on behalf of Clients or Providers in disputes.
Subsequent business between a Client and Provider must reoccur on the Nerd Rangers platform for 1 year.
E. CANCELLATION POLICY
If Nerd Rangers is unable to successfully complete an individual service ordered, no payment is due by the client.
F. CLIENT AND PROVIDER FEEDBACK AND REVIEWS
Providing reviews and feedback to Nerd Rangers Nerd Rangers (respectively “Reviews” and “Feedback”) is an agreement of:
Actual experiences with the subject in question.
Veracity to your fullest understanding.
Interest-free and unbiased participation in the Client Provider relationship which can include competitor status, family relation or commercial interest.
Nerd Rangers ultimately sees fit how it handles Feedback and Reviews in accordance with appropriate jurisdictions.
Feedback and Reviews will not be used to slander, behave inappropriately and commit profanities or promote illegalities.
Nerd Rangers requires that reviews remain pertinent to the service in question.
Feedback and Reviews are hosted by Nerd Rangers but are not officially endorsed by Nerd Rangers. Nerd Rangers and its extended company affiliations, including parent, subsidiaries, employees, directors, officers, and shareholders are not responsible for the content of Feedback and Reviews. Nerd Rangers holds no responsibility regarding content on its site.
G. NERD RANGERS, WEB SERVICE, CONTENT, INFORMATION, AND COMMUNICATION
Content posted by Clients and Providers on Nerd Rangers (the "Content") gives:
Nerd Rangers and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised.
Nerd Rangers and its affiliates and sublicensees the right to use the name that you submit in connection with such Content, if they choose; and
Represent and warrant that (i) you own and control all of the rights to the Content that you post or otherwise distribute or you otherwise have the lawful right to post and distribute such Content to or through the Web Service; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
You further grant Nerd Rangers the right to pursue at law any person or entity that violates your or Nerd Rangers’ rights in the Content by a breach of the T&C.
Content submitted by users of the Web Service will be considered non-confidential and Nerd Rangers is under no obligation to treat such Content as proprietary information. Without limiting the foregoing, Nerd Rangers reserves the right to use the Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post . Nerd Rangers is under no obligation to offer you any payment for Content that you submit. Additionally, Nerd Rangers is further under no obligation to offer you the opportunity to edit, delete or otherwise modify Content once it has been submitted to Nerd Rangers. Nerd Rangers shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
All of the content and information on the Web Service is the sole and exclusive property of Nerd Rangers, including but not limited to Provider information, Feedback, and Reviews, as well as any Content you post. You acknowledge and agree that you have no right to reproduce, publish, or otherwise use such information other than for your personal use relating your evaluation of any Providers. You further acknowledge and agree that a violation of the foregoing could result in substantial damages, and that you are liable to Nerd Rangers for any such damages, and you will indemnify Nerd Rangers in the event of any third party claims against Nerd Rangers based on or arising from your violation of the foregoing.
Intentionally inputting false information is serious and fraudulent that may result in costs and damages to Nerd Rangers, its partners, Providers, and users of the Web Service. Loss of time, and expenses, can result in regulator fines and penalties. You will be held responsible for damages, direct and punitive, consequential, and regulator and judicial fines or penalties that arise form intentional, misleading, harmful and fraudulent activity, along with appropriate legal fees and cost and expense.
H. COPYRIGHT TERMS
Nerd Rangers uses the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Nerd Rangers’ designated agent to receive notification of claimed infringement ("Designated Agent") is provided below. It is Nerd Rangers’ policy to respond to notices of alleged copyright infringement that comply with the DMCA and to terminate the accounts of those determined to be "repeat infringers" in accordance with the below.
Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Web Service, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
Identification of the copyrighted work that you claim has been infringed;
Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Nerd Rangers to locate such Content;
A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
Identification of the Content that was removed, and the location on the Site where it would have been found before its removal;
A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Nerd Rangers is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Please contact the Designated Agent at firstname.lastname@example.org
We will review and address all notices that comply with the requirements above. Please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Nerd Rangers has adopted a policy of terminating, in appropriate circumstances and at Nerd Rangers’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Nerd Rangers may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
I. THIRD PARTY URLS.
The URLs contained in the Web Service may direct you away from the Web Service to third party sites. Such third party sites are not under the control of Nerd Rangers and Nerd Rangers is not responsible for the content or functionality of any such third party sites. Furthermore, Nerd Rangers does not endorse any such third party site.
You agree to indemnify Nerd Rangers, and its subsidiaries, affiliates, officers, employees, agents, co-branders, and other partners and hold them each harmless from any and all claims or demands, including attorney's fees, made by any third party due to or arising from your use of the Nerd Rangers services or in connection with Nerd Rangers or your violation of these Terms, or arising from your violation of any rights of a third party.
K. ADDITIONAL PROVISIONS
You acknowledge and agree that the Nerd Rangers services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Nerd Rangers’ sole obligation to you or any third party for any claim arising out of your use of the Nerd Rangers services or the Web Service, is that you are free to discontinue your use of the Web Service at any time. Except as expressly set forth herein, Nerd Rangers expressly disclaims any implied warranties of any kind, including, but not limited to, warranties of merchantability or fitness for a particular purpose, and you agree that Nerd Rangers shall have no liability for direct, indirect, special, incidental, consequential (including lost profit), exemplary or punitive damages (even if Nerd Rangers has been advised of the possibility of such damages) arising out of the use of the web service or any consequences which flow from it. Some states and provinces do not allow limitations on or exclusion of incidental or consequential damages. In such states and provinces, the above exclusions may not apply to you.
The Terms will inure to the benefit of Nerd Rangers’ successors, assigns and licensees.
If any provision of these Terms shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms.
The failure of Nerd Rangers to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Nerd Rangers services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
The T&C are governed by the laws of the State of Delaware as such laws are applied to agreements entered into and to be performed entirely in the State of Delaware and between Delaware residents. You agree to submit to jurisdiction in Delaware and that any claim arising under these Terms and Conditions will be brought solely in a court in Kent County, Delaware.
Contacting Nerd Rangers.
If you have any questions, concerns, feedback, etc. about the Web Service and/or the T&C (aside from a Copyright Complaint as addressed above), please feel free to contact us at email@example.com
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