Effective Date August 01, 2026
LXT AI Inc. 4312 Village Centre Ct, Mississauga, ON L4Z 1S2, Canada
The Company, LXT AI Inc. (hereinafter referred to as “the Company”, “We”, “Us”, or “Our”) is a data aggregator and creator and maintainer of an online marketplace where third party Service Requesters and Clickworkers can interact. The Company’s marketplace connects Service Requesters with individuals who can provide the data, information, and work product needed in mass quantities. The Company does not fulfill these service requests itself, instead, it seeks out independent contractors and creates a central location for them and Service Requesters, where they can then review Work Requests and decide which to fulfill. Vital to the needs of each Service Requester is that the information, data, and/or work product solicited be produced by individual, human providers meeting the minimum requirements sought, and not created by any type of programming.
Clickworkers are independently established business operators and research subjects providing unique, individualized data and work product to Service Requesters, authorized to perform the services contemplated by this Agreement and customarily engaged in providing services of the same nature as the Services described herein.
THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND THE COMPANY CAN BE BROUGHT (SEE PARAGRAPH 12 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE CLAIMS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.
By using the clickworker.com website and other services or sites offered by the Company, The Clickworker agrees to the Company’s General Terms and Conditions (the “Agreement”) and the Terms of Data Privacy available here. PLEASE READ THEM CAREFULLY. In the event that any of the provisions in the Company’s Terms of Data Privacy conflict with the provisions of this Agreement, this Agreement shall control unless this Agreement expressly provides otherwise.
The Company and the Clickworker (“You”), intending to be legally bound, and in consideration of the mutual promises contained herein, agree as follows:
1.1 Introduction and Certain Definitions. These terms and conditions are a binding legal agreement (“Agreement”) between You and LXT AI Inc., a corporation incorporated under the laws of the Province of Ontariofederal corporate law. The term “You” or “Your” refers to the person or entity creating an account with the Company, including, without limitation, You. The term “Services” means any service that You provide through the Site by means of a response to a Work Request (each as defined below). The term “Service Requester” means any individual or entity who uses the Site to post a Work Request. The term “Clickworker” means You, when You provide Services in response to a Work Request. The term “Work Request” means a request by a Service Requester for Services posted on the Site pursuant to the terms and conditions governing Service Requesters. The term “Work Product” means the deliverables or other work product You produce in response to a Work Request.
The terms and conditions which govern Your use of the clickworker.com website (the “Site”) and Your provision of Services, as supplemented by each Work Request, are set forth in this Agreement. Please read this Agreement carefully and completely before using the Site and offering to provide Services.
1.2 Acceptance of Terms and Policies. You may use the Site and offer to provide Services subject to all of the terms and conditions set forth herein as well as the policies and guidelines of the Company, all of which are incorporated herein and considered part of this Agreement, including, without limitation, the Company’s Privacy Policy. The terms, conditions, policies and guidelines set forth herein or incorporated herein by reference are collectively referred to in this Agreement as “Terms and Policies”. To access the Site and offer to provide Services, You must first agree to and accept this Agreement and all other Terms and Policies. You can expressly accept this Agreement and all other Terms and Policies via click-through or other express means of acceptance; provided, however, if such an express opportunity is not presented, Your use of the Site (or any part thereof) shall evidence Your agreement to this Agreement and all other Terms and Policies and Your obligation to comply with the requirements hereof and thereof.
1.3 Eligibility to Register and Authority. By using the Site and offering to provide Services, You are representing and certifying to the Company that You are of legal age (at least 18) and are competent to enter into a binding contract under applicable law and are not otherwise prohibited from using the Site and/or offering to provide Services pursuant to the laws of the local or national jurisdiction from which You are accessing or using the Site and/or offering to provide Services. Upon Our request, You shall provide Us with verification of Your age, identity and other necessary information to confirm You are not engaging in or furthering fraudulent activity on the site.
1.4 Modification of this Agreement and all other Terms and Policies. With the exception of Arbitration and Class Action Waiver Provision in Paragraph 12 below (“Arbitration Provision”), the Company reserves the right to change or replace this Agreement and/or any of the Terms and Policies governing the Site and/or the procedure by which you may offer to provide Services, at any time and from time to time. Any material changes will be effective upon posting of the revised Agreement and/or other Terms and Policies on the Site. If Your account is functional and You are an active user, you will receive an email informing you of the updated General Terms and Conditions and/or Policies at least 30 days prior to when the update will take effect, provided such notice is physically and legally possible. You are at all times responsible for reading and understanding each version of this Agreement and all other Terms and Policies. YOUR CONTINUED USAGE OF THE SITE FOLLOWING THE COMPANY’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR ANY OTHER TERMS AND POLICIES, DO NOT USE THE SITE. The Arbitration Provision in Paragraph 12 below may only be modified, in writing, by both You and the Company.
1.5 The Company’s Right to Modify Site. Notwithstanding any provision of this Agreement to the contrary, the Company will have the right to impose limits on certain features of the Site. The Company will not be liable to You or any third party for any modification, suspension, or discontinuance of the Site. As set forth elsewhere in this Agreement, the Site is provided on an “as is” and “as available” basis. Accordingly, You hereby acknowledge and agree that the Site may not be available at all times and that the Company shall have no liability to You as a result of the unavailability of the Site and/or Your inability to offer to perform Services.
2.1 How the Site Works. Clickworkers are independent contractors who use the Company’s Site to offer their services to buyers of their services known as Service Requesters. Clickworkers and Service Requesters can use the Site to directly and independently coordinate with each other regarding Work Requests. The Service Requester is responsible for the content of a Work Request, subject to the Site’s Terms and Conditions. When a Clickworker and Service Requester agree to the terms of a Work Request the Clickworker and Service Requester have formed an independent contract for services. As independent contractors, Clickworkers have minimal entitlements under the Employment Standards Act of 2000.
The Company’s Limited Role. The Company has created and maintains an online marketplace where third party Service Requesters and Clickworkers, such as You if you accept these terms, can interact. Service Requesters can post Work Requests and Clickworkers, as independent contractors, can choose to respond to such Work Requests to perform Services. The Company has no control over (i) whether You complete any given Work Request, (ii) the quality, safety or legality of the Work Requests or the Services related thereto, or (iii) Your ability to provide the Services to a Service Requester’s satisfaction, and the Company will not penalize you in any way for accepting or rejecting any Work Request or Service Requester. The Company is not a party to any contract or agreement between You and a Service Requester to perform services pursuant to an agreed upon Work Request and is not bound by any terms of a Work Request.
Aside from Section 4.3, below, relating to the Company’s verification of Work Product and Section 5 below, regarding payment, the Company is not responsible for and will not control the manner or means in which You operate. The Company will not provide You with any training, materials, or tools to complete any Work Request other than what is provided in a Work Request on the Site.
As a Clickworker, You use the Site at Your own risk. We expect that You will undertake necessary precautions and practices and will use caution and common sense when using the Site and offering to perform Services for Service Requesters.
2.2 Work Requests. Each and every request for Services will be posted to the Site pursuant to a Work Request. In providing the Site, We may not actively monitor the Work Requests that are accessible via the Site, nor do We have any obligation to do so except as otherwise determined by Us or required by the laws of applicable jurisdictions. Notwithstanding the foregoing, all Work Requests are subject to the Company’s review and approval prior to appearing on the Site, although such review or approval may or may not occur Notwithstanding any such review or approval, the Company has no involvement in the creation of any Work Request and is not responsible for the creation of any particular Work Request, which are solely the responsibility of the Service Requester.
2.3 Modification/Removal/Cancellation of Accepted Work Requests. From time to time, a Work Request You have already accepted may need to be modified, removed, or cancelled (“Status Change”) by the Service Requester or the Company. Provided that the Status Change is due to causes outside Your control, the Company will ensure You are compensated for the time spent on the Work Request prior to the Status Change. If you disagree with the amount of compensation for a Status Change Work Request, you may submit your reasoning via the support form located at https://support-workplace.clickworker.com/, and the Company will contact you to find a resolution.
The Company reserves the right, in the Company’s sole and absolute discretion, to reject, suspend, cancel, modify or remove any Work Request, to make clerical and administrative edits to any Work Request, to assign new category and keyword designations to any Work Request.
3.1 Account Creation. In order to access the Site and offer to provide Services, You must be located in the United States, Canada or Mexico and You must register and create an account (“Account”) and obtain a username and password or use your personal social login account. If You are a resident of Canada or Mexico, You must complete the additional certifications set forth at the end of this Agreement. Information gathered through the registration process and information related to Your Account will be subject to this Agreement and all other Terms and Policies. You represent and warrant to the Company that all information provided by You when creating an Account is true, accurate and complete and that You will maintain, at all times, true, accurate and complete updated information related to Your Account. Upon the activation of Your account, You will be able to accept and complete Work Requests as set forth in Section 4.3 below.
3.2 Your Responsibility for Your Account. Information related to Your Account, including, without limitation, Your username and password or your social login credentials, should be maintained by You in a strictly confidential manner, as You are solely responsible for the usage of Your Account by any third parties. It is Your responsibility to advise Us if You are aware of any unauthorized access to Your Account or if Your Account information has been made available to third parties in a manner that may result in unauthorized usage of Your Account. Should We terminate Your Account for any of the reasons under Paragraph 10.5 of this Agreement, We are under no obligation to retain a record of any terminated Account or any data or information that You may have stored. Your username may not infringe upon the legal rights of any third party, including, without limitation, the intellectual property rights of any third party.
3.3 Security Procedures; Prohibition on Alter-Egos. Due to the importance of the collection of individualized, unique data, when accessing the Site and/or Your Account, You are required to use the security procedures currently or hereafter maintained by the Company to confirm that only authorized users gain access to the Site and the Accounts. You are prohibited from utilizing alter-egos or other disguised identities when creating an Account and accessing the Site. All forms of indirect and ‘spoofed’ access are strictly prohibited.
4.1 Clickworkers’ Responsibility for Resources. The Company will not provide You with the infrastructure or equipment to access the Site or to provide Services. You, at Your sole cost and expense, are responsible for (i) obtaining and maintaining Your access to the Internet including all charges by internet service providers, (ii) obtaining and maintaining a computer system, smart-phone or tablet with a browser or the clickworker downloadable app capable of accessing the Site and with appropriate anti-spyware, anti-malware and antivirus protections to permit You to detect and protect Your computer system from malicious software or other malware, and (iii) all costs, expenses and fees incurred to acquire tools or other equipment to access the Site and any other costs or expenses incurred in order to provide Services.
4.2 Acknowledgement of Internet Risks and Associated Obligations. You understand and acknowledge that the Internet is an unsecure medium and some websites may be hostile and attempt to infect Your computer system or software, or deceive You into divulging personal information for illegal purposes. You should never provide personal, sensitive or confidential information requested in any email, including, without limitation, an email requesting such information which purports to be from the Company. All Services provided via the Site are provided at Your own risk and the Company is not responsible for (i) any loss to You caused during or as a result of Your visit to a third party website, (ii) any fraudulent email or any other fraudulent activity on the Internet, or (iii) any adverse consequences resulting from any virus, spyware or malware infecting Your computer system, including, without limitation, any loss of data, damage to Your computer system, identity theft or any other adverse consequence. You understand that browser protection, anti-spyware, and antivirus software can reduce risk on the Internet, but not eliminate it. You agree to take appropriate measures to protect Yourself from web and email fraud while interacting with the Site.
4.3 Clickworkers Generally – Responses to Work Requests and Performance of Services. Upon the Company’s acceptance and activation of Your Account, and as long as such Account remains active, You may login to the Site and browse Work Requests. In order to allow You to determine whether a given Work Request is of interest to You, all Work Requests will contain detailed and clear information regarding the Services to be performed and state the compensation to be paid. Once You identify a Work Request You are interested in pursuing, You may submit an offer to perform the Services requested by such Work Request. In the event Your offer is accepted, You will be provided additional information and instructions in order to enable You to complete such Work Request. You hereby agree to maintain all information received in connection with any Work Request in strict confidence and to not disclose such information to any third party without the express written consent of the Company, which consent may be set forth in the Work Request for the purpose of allowing You to perform the Services requested thereby. Your obligation to maintain the confidentiality of any and all information You receive with respect to a given Work Request shall continue after You conclude such Work Request. You hereby acknowledge and agree that because the value of the information provided in response to a Work Request is derived from its completion by unique, human individuals, in the event Your offer is accepted to perform a given Work Request, You must perform the Services required by the Work Request personally and are not permitted to transfer such Work Request to any other individual, entity, or to complete via any type of automation. You are however free to engage assistants or employees of your own to help you operate your own independent business, and are solely responsible for compliance with any laws relating to such assistants and employees, including but not limited to worker’s compensation, payment of compensation, or taxes, and any further ensure that any such assistants or employees will also comply with the requirements of this Agreement. You are solely responsible for abiding by the instructions set forth in a given Work Request and for otherwise determining how to complete any given Work Request. You hereby acknowledge and agree that the Company shall provide no assistance, direction or supervision with respect thereto. However, You further acknowledge and agree that in the event Your Work Product does not meet the Service Requestor’s standards, including completion within the time provided for in the Work Request, such Work Product may be rejected if deficiencies are not cured as set forth in Section 5.3 below and You will not be entitled to any compensation for such substandard Work Product.
4.4 Your Status as an Independent Contractor. As a Clickworker, You are performing Services under your own name as an independent contractor and not as an employee of the Company or of any Service Requester. Accordingly, because the value of the information provided in response to a Work Request is derived from its completion by unique, human individuals, You hereby acknowledge and agree that (i) You will not employ any automated methods in performing Services, including, without limitation, robots, scripts, and related methods and instruments, (ii) You will submit all Work Product via the Site and not directly to any Service Requester, (iii) You set your own hours and terms of work or negotiate those with a Service Requester, and You are responsible for and shall comply with all laws and regulations applicable to Your provision of Services, including those related to independent contractors, maximum working hours, licensing and registration, and taxation, (iv) there is no joint venture, partnership, or employer/employee relationship between You and any Service Requester whose Work Request you intend to complete, between You and the Company, (vi) You will not be entitled to any benefits the Company or any Service Requester may offer to their respective employees, including, without limitation, health insurance, vacation pay, or retirement benefits, (vii) You are free to maintain your own clientele and to seek work elsewhere, including through competitors of the Company, (viii) You are not entitled to recover worker’s compensation benefits from the Company or any Service Requester in the event of Your injury unless such benefits must be provided by applicable law, and (ix) You are not entitled to unemployment benefits unless such coverage is provided by You or by an entity other than the Company or the Service Requester. If You, your assistants or employees are reclassified as an employee by any government agency, judge, jury, or arbitrator, You agree that any right to Company benefits or benefits from the Service Requester shall be waived to the full extent allowable by law. Such waiver is a material term of this Agreement and not based on Your classification as an Independent Contractor.
4.5 Assignment of Services Provided. You hereby acknowledge and agree that, as a Clickworker, any Service Requester for whom You provide Services is Your client for purposes thereof. You further acknowledge and agree to provide an assignment of any Work Product to the Company and Service Requester, under the following terms, to the full extent of the law, unless doing so would affect your status as an independent contractor. Accordingly, any and all Services You provide for a given Service Requester shall be deemed to have been provided for the benefit of such Service Requester and the Company, and You hereby agree that all rights, title and interest and ownership rights, including, without limitation, worldwide intellectual property rights in the related Work Product, will vest in the applicable Service Requester immediately upon your submission of such Work Product to the Company. Notwithstanding the foregoing, You hereby grant the Company and its affiliates a nonexclusive, royalty-free, perpetual, transferrable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Work Product throughout the world in any media, now or hereafter devised. If it is determined that You retain any moral rights (including rights of attribution or integrity) in any Work Product, You hereby declare that (a) You do not require that any personally identifying information be used in connection with the Work Product, or any derivative works thereof, (b) You have no objection to the publication, use, modification, deletion and exploitation of the Work Product by the Service Requester for whom such Work Product was produced or by the Company or its licensees, successors and assigns, (c) You forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the Work Product, and (d) You forever release the Service Requester for whom such Work Product was produced and the Company, its licensees, successors and assigns, from any and all claims that You could otherwise assert against such parties by virtue of any such moral rights.
4.6 Representations and Warranties regarding Work Product. You hereby represent and warrant to each Service Requester for whom You provide Services and/or produce Work Product and to the Company that (a) You own and control all of the rights to each item of Work Product that You provide in response to a Work Request, or You otherwise have the lawful right to post such Work Product to or through the Site, (ii) such Work Product is accurate and not misleading, and (iii) such Work Product does not violate the rights of or cause injury to any person or entity, including, without limitation, the intellectual property rights of any person or entity.
4.7 Provision of Feedback. You acknowledge and agree that the Company will implement systems allowing Us and others to track Your provision of Services and Your Work Request completion rate as a Clickworker. The Company reserves the right to collect feedback regarding Your Work Request completion rate. You agree not to take any actions that may compromise the integrity of such feedback system.
4.8 General Restrictions. You must comply with all applicable laws and all provisions of this Agreement and the Privacy Policy when using the Site or offering to provide Services. You will not, and will not permit anyone else to, utilize the Site or any information or other data acquired from Your use of the Site to (i) store, copy, modify, distribute, or resell any of the materials that are part of the Site or compile or collect any materials of the Site as part of a database or other work, (ii) use any automated tool, programs, robotic algorithms or products to automatically download or “spider” the Site or any portion thereof, (iii) take any action that imposes or may impose an unreasonably or disproportionately large load on Our infrastructure, (iv) interfere or attempt to interfere with the proper working of the Site or conduct any activities on the Site intended to circumvent, bypass or disable any digital rights management, usage rules, or other security features of the Site or bypass any measures We may use to prevent or restrict access to the Site, (v) threaten the integrity, performance, or availability of the Site, (vi) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or any materials on the Site, (vii) attempt to incite illegal activity or defame, abuse, harass, threaten, intimidate or otherwise violate the legal rights of others, (viii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user or attempt to impersonate any other user, (ix) create or submit unwanted email or spam to any other user or any URL, (x) access or attempt to access data or materials not intended for You, or (xi) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. The Company reserves the right to investigate and take legal action against anyone who may have violated the restrictions set forth in this Agreement, including, without limitation, removing any offending user content, and terminating Your Account and Your access to the Site.
5.1 Payment Facilitation Generally. You hereby authorize the Company to process all payments to You for services You perform for Service Requesters. All payments to You will be made through the Payoneer system, I-Payout system, AirTM system, ACH payment, PayPal payment system (if outside the United States), as selected by You. You agree that You will create and maintain a PayPal, Payoneer, I-Payout, AirTM, account or Bank account for ACH payments in order to receive payment for Services performed, ansd You shall notify the Company of Your account number. Should You fail to create or maintain such an account, You cannot be paid until You do so. Upon the activation of Your Account, the Company will create a Clickworker payment account (“Payment Account”) for You in which Your compensation will be credited until disbursed in accordance with this Agreement. You will be able to view the status of Your Payment Account by logging into Your Account and following the appropriate link(s). The Company will only disburse funds in accordance with this Agreement and all applicable laws and regulations, including, without limitation, the United States Patriot Act and the regulations promulgated by the United States Office of Foreign Asset Control.
5.2 Provisional Credit upon Receipt of Work Product. Once You complete a Work Request pursuant to the terms thereof, You shall submit Your Work Product for verification that it meets all Work Request requirements. Upon Your timely delivery of Work Product to the Company, Your Payment Account will be provisionally credited (a “Provisional Credit”) in an amount equal to the compensation to be paid to You for Your successful completion of the applicable Work Request. Notwithstanding anything to the contrary contained herein, You hereby acknowledge and agree that the Company has no obligation to accept Work Product that the Company determines is deficient in any way. Further, the Company’s issuance of a Provisional Credit upon the receipt of Your Work Product shall not constitute acceptance of such Work Product. Accordingly, You shall not be entitled to receive funds with respect to any Provisional Credit unless and until the Company accepts such Work Product as set forth in Section 5.3 below.
5.3 The Company’s Acceptance or Rejection of Work Product. Upon timely receipt of Your Work Product, the Company will review such Work Product to confirm compliance with the applicable Work Request. If the Company’s review indicates deficiencies with Your Work Product, the Company will notify You of such deficiencies and You shall have a period of twenty-four (24) hours from the date and time of such notice within which You may cure such deficiencies. In the event that, after twenty-four (24) hours, Your Work Product remains deficient, the Work Request will be considered incomplete, You shall not be entitled to compensation, and the Provisional Credit associated with such Work Product shall be debited from Your Payment Account. The Service Requestor may also require that You cure any deficiencies within less than twenty-four (24) hours; in such an event, You will be informed of the shortened time to cure at the time You are informed of the deficiency. In the event the Company accepts Your Work Product either initially upon submission or after cure, then Your Payment Account will be permanently credited in the amount of the related Provisional Payment and You will be entitled to payment in accordance with Section 5.4 below.
5.4 Disbursements from Your Payment Account. The Company will disburse funds from Your Payment Account to Your ACH bank, Payoneer, I-Payout, AirTM or PayPal account regularly, and under no circumstances less frequently than every 14 calendar days, unless the regular payment date is a legal holiday, in which case payment will be made on the next Business Day (each, a “Payment Date”); provided, however, that You shall not be entitled to a disbursement to Your ACH bank, Payoneer, I-Payout, AirTM or PayPal account on any given Payment Date unless Your Payment Account contains at least $10.00 for purposes of transfer to Your ACH bank, I-Payout, AirTM or PayPal account, and at least $20.00 for Your Payoneer account, of fully-earned (not provisional) compensation as of such Payment Date. For purposes of this Agreement, the term “Business Day” shall mean any day other than Saturday, Sunday or other day on which banks are permitted or required to close by any applicable federal or state law, regulation, ordinance or otherwise for the jurisdiction in which You are located. The Company will not make any deductions from the rates You negotiate with a Service Requester for Your Services, but the Company reserves the right to charge a fee for a payout if one applies. In case such a fee applies, the Company will show it on the portal and inform You by email of any changes to the fees charged.
5.5 Delay of Payments and Results of Termination of Account. The Company reserves the right to delay or refuse to transfer or disburse any amounts in the event the Company believes that a Clickworker is in violation of this Agreement or any other Terms and Policies. In the event the Company terminates Your Account because You have violated this Agreement or any other Terms and Policies, all Work Requests that You have completed but that have not been accepted by the Company shall be deemed to be rejected and You shall not be entitled to any payment therefor.
5.6 The Company’s Responsibility for Payments. The Company shall only be responsible for transferring or disbursing funds pursuant to the terms of this Agreement. The Company is not required to pay You if the Service Recipient does not pay for your Work Product or otherwise rejects Your Work Product, but may choose to do so in its sole discretion.
5.7 PayPal, Payoneer, I-Payout, AirTM, and ACH Acknowledgement. The Company acknowledges and agrees it has no affiliation with Payoneer, I-Payout, AirTM, PayPal or ACH bank transfers and makes no representations or warranties regarding Payoneer, I-Payout, AirTM, PayPal or ACH bank transfers, or their services, and has no ability to control or exert influence over Payoneer, I-Payout, AirTM, PayPal or ACH bank transfers or their websites, systems or services. The Company shall not be responsible for any fees, costs and/or expenses You may incur in connection with Your use of Payoneer, bank transfers and shall not be liable for any losses You may incur as a result of Payoneer’s, I-Payout’s, AirTM’s, PayPal’s or ACH bank’s performance or failure to perform.
6.1 Taxes. Except as expressly set forth herein with respect to the Company’s preparation of applicable tax documentation, You agree that it is Your responsibility to determine any and all taxes and duties, including, without limitation, sales, use, transfer, value added, withholding and other taxes and/or duties assessed, incurred or required to be collected, paid or withheld for any reason in connection with any Work Request or performance of Services, or Your use of the Site, or otherwise in connection with any action, inaction or omission of You or any of Your affiliates, or any of Your or Your affiliates respective employees, agents, contractors or representatives (“Taxes”) and to collect, withhold, report, and remit correct Taxes to the appropriate tax authorities, and to otherwise be responsible for the collection and payment of any and all Taxes. EXCEPT AS EXPRESSLY SET FORTH HEREIN WITH RESPECT TO THE COMPANY’S PREPARATION OF APPLICABLE TAX DOCUMENTATION, YOU ALSO ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES HAVE NO OBLIGATION TO DETERMINE WHETHER TAXES APPLY AND THAT THE COMPANY AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE COLLECTION, REPORTING OR REMISSION OF ANY TAXES ARISING FROM ANY TRANSACTION BETWEEN ANY SERVICE REQUESTER AND ANY CLICKWORKER.
6.2 Permits. You acknowledge and agree that it is Your responsibility to determine whether and to what extent any permits, licenses, registration, authorizations and/or filings (including, without limitation, with respect to the transfer of technology) are required by any governmental agency in any jurisdiction in which You have performed Services (collectively, “Permits”). YOU ALSO ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES HAVE NO OBLIGATION TO DETERMINE WHETHER ANY SUCH PERMITS APPLY TO ANY TRANSACTION BETWEEN ANY SERVICE REQUESTER AND ANY CLICKWORKER.
6.3 Compliance with Laws Generally. The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations of any jurisdiction in which You perform Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of the jurisdiction from which You access the Site or perform Services.
7.1 Our Use of Data and Communications; Tax Information. The Company’s Privacy Policy and this Agreement describe Our collection, use, and disclosure of information associated with the Site, including how We handle Personally Identifiable Information. In addition, the Company will use Personally Identifiable Information to prepare any tax forms and documentation required by applicable law for each Clickworker who receives payment from the Company during any given tax year. You hereby consent to the disclosure of Your Personally Identifiable Information and other data as set forth in this Section 7 and in the Company’s Privacy Policy. For purposes of this Agreement, the term “Personally Identifiable Information” shall mean information which can be used to distinguish or trace Your identity, such as their name, social security number, biometric records, etc. alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as date and place of birth, mother’s maiden name, etc. and any information relating to an identified or identifiable natural person, with an identifiable person being one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.
7.2 Your Use of Data and Communications. You may only use information or other data obtained from Your use of the Site to the extent necessary for You to use the Site in compliance with this Agreement and all other Terms and Policies. Without limiting the foregoing, You may not use information or other data obtained from Your use of the Site for purposes of solicitation, advertising, marketing, unsolicited email or spamming, harassment, invasion of privacy, or other objectionable conduct. Further, You hereby acknowledge and agree that, unless otherwise expressly agreed by the Company in writing, the Company will not provide You any contact or personal information regarding any Service Requester. You agree that You will only submit Work Product via the Site and You will not knowingly contact, attempt to contact, or contract with any Service Requester other than via the Site with regard to the Services.
8.1 Use at Clickworker’s Own Risk. Any use of the Site, reliance upon any of the information received or provided in connection therewith, any offer to provide Services, any performance of Services, and any use of the Internet generally shall be at Your sole risk. The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of Work Requests and of information accessible by use of the Site. In no event shall the Company’s provision of the Site be deemed or otherwise interpreted as the Company’s guaranty, recommendation, referral, sanction or endorsement of any person, product or service. IN ALL INSTANCES, USERS ARE ADVISED AND ENCOURAGED TO SEEK OR CONSULT LEGAL COUNSEL AND/OR OTHER PROFESSIONAL ADVICE AS NECESSARY OR APPROPRIATE.
8.2 "As Is" and "As Available". THE SITE (INCLUDING INFORMATION PROVIDED IN CONNECTION THEREWITH) IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, TIMELINESS AND PERFORMANCE OF THE SITE, AND ANY INFORMATION, ADVICE OR COMPENSATION OBTAINED FROM SERVICE REQUESTERS AND THE TIMELINESS THEREOF THROUGH THE USE OF THE SITE OR ANY LINKS PROVIDED THEREBY. FURTHERMORE, THE COMPANY SHALL NOT BE LIABLE TO YOU FOR THE CONSEQUENCES OF ANY INTERRUPTION OF THE SITE OR ANY ERRORS.
8.3 Representations and Warranties by You. You warrant and represent that You (1) are at least 18 years of age; (2) have provided true and accurate information to Company about Yourself in setting up Your Account; (3) are in full compliance with all federal, state and local law, regulations, ordinances or codes necessary to perform services, including but not limited to any permits or registrations required, (4) have not infringed upon any third parties’ rights in the performance of Services, and (5) will abide by the Terms and Conditions of this Agreement.
8.4 No Representations or Warranties by Company. NEITHER THE COMPANY, NOR ITS AFFILIATES, MAKES ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (1) THE OPERATION OR PERFORMANCE OF THE SITE, (2) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR PROVIDED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, MATERIAL, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITE, OR (3) THE INTERNET GENERALLY.
You hereby agree to indemnify and hold harmless the Company and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees actually incurred) arising out of or related to any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity (a “Claim”) that arises out of or relates to: (i) any actual or alleged breach of Your representations, warranties, or obligations set forth in this Agreement (or any other violation this Agreement or the Terms and Policies); (ii) Your misuse of the Site; (iii) the classification of You or any of Your employees, assistants, or subcontractors as an independent contractor and/or (iv) Your violation of any law, or Your violation of the rights of any third party, including, without limitation, Your infringement or alleged infringement of any intellectual property or other right of any person or entity. The foregoing indemnification obligations shall survive any termination of this Agreement. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by You, which will not excuse Your indemnity obligations under this Section 9. You agree not to settle any matter subject to the foregoing indemnification obligations without the express written consent and approval of the Company.
This Agreement shall remain in full force and effect from the date it is accepted by You and may not be terminated without penalty except in the following limited circumstances:
10.1 Upon the mutual written consent of both You and the Company (with electronic communication satisfying this requirement), with the mutually agreed-upon termination date stated in the written notice.
10.2 By You, at any time without cause upon written notice provided via the support form located at https://support-workplace.clickworker.com/.
10.3 By the Company, at any time without cause upon thirty (30) days’ written notice.
10.4 If either You or the Company breaches a material provision of this Agreement, the other may terminate this Agreement immediately upon written notice to the offending party (with electronic communication satisfying this requirement). In the event You materially breached this Agreement, the Company may deactivate Your account after providing written notice under this paragraph.
10.5 The following acts and/or occurrences shall constitute a material breach of this Agreement:
10.5.1 Failure by the Company to disburse to You all payments due under the Agreement within twenty-one (21) days of the date due.
10.5.2 Failure by You to maintain all licenses, permits, authorities, insurance, registrations and/or other prerequisites to operate that are required by law and/or this Agreement.
10.5.3 Any act by You or the Company that causes the other to violate its obligations under any applicable state, federal or local law.
10.5.4 Documented complaint by a Service Requester, User, employee of the Company, or third-party witness that You have engaged in conduct that a reasonable person would find dangerous, unsafe, physically threatening, violent, abusive, highly offensive, discriminatory, or harassing to or toward a Service Requester, User, employee of the Company, and/or third parties.
10.5.5 Documented unlawful, illegal or destructive acts, including but not limited to fraud, significant misrepresentation, or theft, by You.
10.6 If the Company learns of a material breach, the Company may contact You so the Company can investigate. Depending on the nature of the alleged breach, the Company may put a hold on Your account during the investigation.
10.7 In the event of an account hold or termination, the Clickworker may file an objection. In the event of an objection, the Company will inform the Clickworker of the reasons for the account hold or termination, including the specific facts or circumstances that led it to make the decision. The Clickworker will be given the opportunity to clarify the facts and circumstances. If the hold or termination is reversed, the account must be restored to its original state.
10.8 Clickworkers can request deletion of their user account in the marketplace at any time. Upon receipt of the request, the Company will delete all Clickworker information, except any information and data that are subject to statutory retention obligations (e.g. invoices / credit notes), which will only be deleted after the relevant retention period has expired.
10.9 This Termination section does not impact the Arbitration Provision below, which Clickworker expressly acknowledges and agrees survives the termination of this Agreement and/or after the Clickworker ceases any assignment and/or relationship with the Company.
11.1 Defined Terms. In this Activity Points Program Section, unless there is something in the subject-matter or context inconsistent therewith, the following terms and expressions will have the following meanings:
11.1.1 “Activity Points” means virtual points earned by Eligible Clickworkers through the completion of specified actions on the Site, as determined by the Company. Activity points may be accumulated and, subject to the Company’s sole discretion may be redeemed for monetary or non-monetary rewards in accordance with these Terms. Such actions are for your benefit and the benefit of your independent business, not for the benefit of the Company.
11.1.2 “Eligible Clickworker” means an individual who meets all of the following criteria:
Active Account: Has a valid and active user account on the Site in good standing, with no suspensions or violations of platform policies.
Project Participation: Has completed at least one project, task, or assignment that qualifies for loyalty program rewards, as determined by the Company.
Compliance: Has complied with all project-specific guidelines, submission requirements, and applicable deadlines.
Minimum Thresholds: May be required to meet a minimum threshold of approved or completed work to earn or redeem activity points.
11.2 Eligibility to Participate in the Activity Points Program. A Clickworker who seeks to participate in the Activity Points Program agrees that in order to be eligible for the Program, you must qualify as an Eligible Clickworker. The Program is void where prohibited by law.
11.3 Earning Activity Points. The Clickworker agrees that only an Eligible Clickworker may earn Activity Points by completing specified tasks, actions, or engagements as determined by the Company. The type of activity and corresponding point values may vary and are subject to change at the Company’s sole discretion.
11.4 Point Redemption and Rewards.
The Clickworker acknowledges and agrees that:
Activity Points have no intrinsic cash value and are not legal tender.
Activity Points and rewards are not wages and will not be used as a substitute for payment for Services a Clickworker performs under this Agreement. They are additional rewards available in addition to the compensation earned for completing Services. Points and Rewards are not provided for Services performed for the Company, and instead are for participating in the Activity Points Program.
Points may be redeemed for monetary rewards at a conversion rate determined by the Company and subject to change at any time.
Monetary rewards may not be available everywhere due to local laws, regulations, or operational restrictions. Where monetary rewards are unavailable, participants may still earn and redeem points for badges or other non-monetary rewards as provided by the program.
Rewards will only be paid to Eligible Clickworkers who have an active and verified payment account.
Minimum Activity Point thresholds may apply for redemption, and additional identity or tax documentation may be required.
11.5 No Guarantee of Payment/Budget Limitations.
You and the Company agree that participation in the Activity Points Program does not guarantee any payment or reward. Monetary rewards are subject to the availability of Program funds. If the Activity Points Program budget is exhausted or otherwise unavailable, the Company may delay, limit, or cancel payouts at its sole discretion, regardless of points earned by the Eligible Clickworker.
11.6 No Sale or Transfer.
Except as expressly permitted herein, Activity Points may not be sold, bartered or transferred (other than by the Company or its agents). Any attempted transfer, sale or barter will be void and will be confiscated. The Company may refuse to honor or recognize any Activity Points which the Company believes may have been transferred, sold or bartered.
11.7 Modification and Termination of Activity Points Program.
The Company reserves the right to modify, suspend, or terminate the Activity Points Program or any aspect of it at any time without prior notice. This includes changes to:
You waive any right to compensation in the event of a modification or termination of the Activity Points Program.
11.8 Fraud and Abuse.
Any misuse, manipulation, or fraudulent activity related to the Activity Points Program may result in suspension or termination of your participation, forfeiture of points, and potential legal action. The Company reserves the right to audit activity for compliance at any time.
11.9 Limitation of Liability and Tax Responsibility.
In no event will the Company, its subsidiaries and affiliates, its franchisees or licensees, any participating property, and each of their respective directors, officers, employees, or agents be liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with the Activity Points Program or the Company’s operation of the Activity Points Program. Any taxes due on any Activity Points or rewards are your responsibility. The Company will not withhold or deduct any taxes from Activity Points or rewards on your behalf.
11.10 Disclaimer of Warranties.
The Activity Points Program is provided “as is” and “as available” with no guarantees or warranties of any kind, express or implied. The Company disclaims all warranties regarding the accuracy, availability, or completeness of the Activity Points Program or its content.
11.12 Interpretation of Activity Points Program Terms and Questions.
All interpretations of the terms of the Activity Points Program are at the Company’s sole discretion, and the Company’s decisions will be final. In the event of any discrepancy between the English version and any translated version of these Terms, the English language version will govern. If you have any questions about the Activity Points Program or its terms, please contact us at https://support-workplace.clickworker.com/support/home
PLEASE READ THIS SECTION 12 CAREFULLY—IT AFFECTS THE PARTIES’ LEGAL RIGHTS AND GOVERNS HOW YOU AND THE COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. THIS PARAGRAPH 12 WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND THE COMPANY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, GROUP, OR REPRESENTATIVE ACTION IN COURT. ALL DISPUTES COVERED BY THIS ARBITRATION PROVISION WILL BE DECIDED BY A SINGLE ARBITRATOR THROUGH FINAL AND BINDING ARBITRATION AND NOT BY COURT OR JURY TRIAL.
Notwithstanding any other provision of this Agreement, this Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and evidences a transaction involving commerce. This Arbitration Provision applies to any and all claims arising out of or relating to this Agreement, the Clickworker’s classification as an independent contractor, Clickworker’s provision of services, any payments made or received by Clickworker, the termination of this Agreement, and all other aspects of the Clickworker’s relationship (or the termination of its relationship) with the Company, past, present or future, whether arising under federal, state or local statutory and/or common law, which the Company may have against the Clickworker or which the Clickworker may have against the Company and its owners, officers, employees or agents. If for any reason, the FAA is determined not to apply, the laws of the location where the Clickworker last provided services will apply.
Additionally, except as this Arbitration Provision otherwise provides, the Arbitrator, and not any court, shall have exclusive authority to resolve any dispute relating to the validity, applicability, enforceability, unconscionability or waiver of this Arbitration Provision, including, but not limited to any claim that all or any part of this Arbitration Provision is void or voidable. However, the preceding sentence does not apply to any disputes about the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act and it does not apply to the Class Action Waiver and PAGA Individual Action Requirement below.
Nothing in this Arbitration Provision prevents you from making a report to or filing a claim or charge with a government agency, including without limitation the Equal Employment Opportunity Commission, U.S. Department of Labor, National Labor Relations Board, Occupational Safety and Health Administration, or law enforcement authorities. Nothing in this Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision. This Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on those claims, even if the claims would otherwise be covered by this Agreement. Nothing in this Arbitration Provision prevents or excuses a party from satisfying any conditions precedent and/or exhausting administrative remedies under applicable law before bringing a claim in arbitration. The Company will not retaliate against you for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act. This Arbitration Provision also does not prevent or prohibit you in any way from reporting, communicating about, or disclosing claims for discrimination, harassment, retaliation, or sexual abuse.
A party may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief in connection with an arbitrable controversy in accordance with applicable law, and any such application shall not be deemed incompatible with or waiver of this agreement to arbitrate. The court to which the application is made is authorized to consider the merits of the arbitrable controversy to the extent it deems necessary in making its ruling, but only to the extent permitted by applicable law. All determinations of final relief, however, will be decided in arbitration.
If either party initiates arbitration, the initiating party must notify the other party in writing via U.S. Mail, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include: (1) the name and address of the party seeking arbitration; (2) a statement of the legal and factual basis of the claim; and (3) a description of the remedy sought. Any demand for arbitration by the Clickworker must be delivered to the Company at
4312 Village Centre Ct, Mississauga, ON L4Z 1S2, Canada. The Arbitrator will resolve all disputes regarding the timeliness or propriety of the demand for arbitration.
The Company and the Clickworker mutually agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective action basis on behalf of others. There will be no right or authority for any dispute or claim to be brought, heard or arbitrated as a class or collective action, and an arbitrator will not have any authority to hear or arbitrate any class or collective proceeding (“Class Action Waiver”). Notwithstanding any other clause contained in this Arbitration Agreement or the AAA Rules, as defined below and incorporated herein by reference, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. In any case in which (1) the dispute is filed as a class and/or collective action and (2) there is a final judicial determination that all or part of the Class Action Waiver is unenforceable, the class and/or collective action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration. The Class Action Waiver shall be severable in any case in which the dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration. You and the Company further agree to arbitrate PAGA claims on an individual basis only (“PAGA Individual Action Requirement”). Therefore, any claim by You under PAGA to recover unpaid wages, penalties, or other individual relief must be arbitrated under this Arbitration Provision. You and the Company also agree and stipulate that any non-individual PAGA claims shall be stayed in the trial court, pending a final determination and written decision by the Arbitrator in arbitration with respect to Contractor’s alleged status as an “aggrieved employee,” and You and the Company agree that the Arbitrator, and not the court, will make this determination. The Arbitrator is without authority to preside over any PAGA claim by You on behalf of any other person or joined by or consolidated with another person’s or entity’s PAGA claim. This PAGA Individual Action Requirement clause will be severable from this Arbitration Provision if there is a final judicial determination that it is invalid, unenforceable, unconscionable, void or voidable. In such case, the PAGA action must be litigated in a civil court of competent jurisdiction—not in arbitration—but the portion of the PAGA Individual Action Requirement that is enforceable will be enforced in arbitration.
The Clickworker agrees and acknowledges that this Arbitration Provision does not change the Clickworker’s status as an independent contractor in fact and in law, that Clickworker is not an employee of the Company and that any disputes in this regard shall be subject to arbitration as provided in this Arbitration Provision.
Except as otherwise stated in this Arbitration Provision, any arbitration shall be administered by the American Arbitration Association (“AAA”) and, except as provided in this Arbitration Provision, will be under its then current Commercial Arbitration Rules (“AAA Rules”). If there is a conflict between the AAA Rules and this Arbitration Provision, this Arbitration Provision shall govern. The arbitration shall be governed by the AAA Rules subject to the following: The arbitration shall be heard by one arbitrator selected in accordance with the AAA Rules. Unless the parties agree otherwise, the Arbitrator shall be an attorney experienced in the law in the underlying dispute and licensed to practice law in the state in which the arbitration is convened, or a former judge from any jurisdiction. The location of the arbitration proceeding will be no more than 45 miles from the place where the Clickworker last performed services for the Company, unless the Clickworker and the Company agree in writing otherwise to hold the arbitration in a different location. Unless applicable law provides otherwise, as determined by the Arbitrator, the parties agree that the Company shall pay all of the Arbitrator’s fees and costs, except that the Party initiating arbitration shall be responsible for any initial filing fee to the amount such fee would be imposed if filing in court. The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. Except as provided in the Class Action Waiver above, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. Either party may file dispositive motions, including without limitation a motion to dismiss and/or a motion for summary judgment, and the Arbitrator will apply the standards of the Federal Rules of Civil Procedure governing such motions. Upon the request of either party, the Arbitrator will set a briefing schedule for such motions. The Arbitrator’s reasoned decision or award shall be in writing with findings of fact and conclusions of law. Judgment may be entered on the Arbitrator’s decision or award in any court having jurisdiction.
This Arbitration Provision survives after the termination of the Agreement and/or after the Clickworker ceases any assignment and/or relationship with the Company. Notwithstanding any contrary language in this Agreement or in any other agreement, this Arbitration Provision may not be modified or terminated absent a writing signed (electronically or otherwise) by both the Clickworker and an authorized representative of the Company.
The Company respects the copyright rights of others, and we ask Our users and other third parties to do the same. In appropriate circumstances and at Our discretion, the Company may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe the copyright rights of others.
14.1 Assignment. You may not assign this Agreement or any of Your rights herein, and any attempt to do so is null and void.
14.2 Severability. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
14.3 Notices. You and the Company consent to the use of electronic means to complete this Agreement and to provide You with any notices related to this Agreement. You and the Company also consent to the use of electronic records to store information related to this Agreement and Your use of the Site.
Any notices to the Company must be submitted in writing via the support form located at https://support-workplace.clickworker.com/ , and are deemed given upon receipt.
14.4 Governing Law. This Agreement shall be governed by the laws of the Province of Ontario, Canada, excluding its conflicts of laws principles, and except for the Arbitration Provision set forth in Section 12, which shall be governed by the law set forth therein.
14.5 Waivers. The Company will not be considered to have waived any of its rights or remedies, or any portion thereof, unless the waiver is in writing and signed by an authorized representative of the Company. The Company’s failure to enforce the strict performance of any provision of this Agreement or any other Terms and Policies shall not constitute a waiver of the Company’s right to subsequently enforce such provision or any other provisions of this Agreement or any other Terms and Policies.
14.6 Survivability. Terms and conditions of this Agreement which by their express language or by their sense and context survive the termination or cancellation of this Agreement will so survive.
14.7 Entire Agreement. This Agreement, as supplemented by any Work Request, together with all other Terms and Policies constitute the entire agreement between You and the Company with respect to the subject matter contained herein.
BY CLICKING “I ACCEPT,” YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, REVIEWED, AND THAT YOU AGREE TO AND ARE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS (INCLUDING THE ARBITRATION PROVISION). ADDITIONALLY, YOU AGREE TO USE AN ELECTRONIC MEANS OF ACCEPTANCE OF THIS AGREEMENT. YOU FURTHER UNDERSTAND AND AGREE THAT AN ELECTRONIC ACCEPTANCE IS AS LEGALLY BINDING AS AN INK SIGNATURE.
BY ISSUANCE OF THIS AGREEMENT, THE COMPANY AGREES TO BE BOUND BY THIS AGREEMENT WITHOUT ANY REQUIREMENT TO SIGN THIS AGREEMENT.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.