Terms of Service
PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS AND A BINDING ARBITRATION AGREEMENT.
Subject to the conditions set forth herein, Hey-USA.com may, in its sole discretion, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site. Hey-USA.com will provide reasonable advance notice of any amendment that includes, at a minimum, a change to the Terms of Service that reduces your rights or increases your responsibilities, by posting the updated Terms of Service on the Site, providing notice on the Site, and/or sending you notice by email. If any changes increase to Fees charged by Hey-USA.com, Hey-USA.com will provide at least 30 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees or any temporary or promotional Fee change.
By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services after the Effective Date if you had an Account on the Effective Date, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.
If you create an Account, you represent and warrant that you are authorized to enter into binding contracts, including the Terms of Service, on behalf of yourself, your company or the company employing you.
To register for an Account or use the Site and Site Services, you must (a) comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, (b) be a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts.
To register for an Account to join the Site, you must complete a profile (“Profile”), which you consent to be shown to other Users and in some cases, the public. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.
There are a number of different Account types (“Listing Type”). Once you register for one Account type, you can add the other Account types under the same username and password. For example, if you already have a Trade Services Account, you can add a Business Directory Account as a separate account type in settings without re-registering. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Site or Site Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating, marketing, or maintaining your Profile or Account.
You agree not to request or allow another person to create an Account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an Account on behalf of your business. If any such User violates the Terms of Service, it may affect your ability to use the Site. Upon closure of an Account, Hey-USA.com may close any or all related Accounts.
When you register for an Account and from time to time thereafter, your Account may be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Hey-USA.com. You authorize Hey-USA.com, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business.
When you register for an Account, you will be given a username (your email address) and a password (randomly-generated) for the Account, both of which will be emailed to the address you specified. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You authorize Hey-USA.com to assume that any person using the Site with your username and password, either is you or is authorized to act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Site if (a) you are not authorized to use either or (b) the use would violate the Terms of Service.
The Site is a directory where Users can identify each other and advertise, trade, buy, and sell Services and Goods online. Subject to the Terms of Service, Hey-USA.com provides the Site Services to Users, including hosting and maintaining the Site.
Hey-USA.com merely makes the Site and Site Services available to enable Users to find and transact directly with each other. Hey-USA.com does not introduce Users. Through the Site and Site Services, Users are responsible for evaluating and determining the suitability of any User or Service on their own. If Users decide to enter into a Service Contract, the Service Contract is directly between the Users and Hey-USA.com is not a party to that Service Contract.
You acknowledge, agree, and understand that Hey-USA.com is not a party to the relationship or any dealings between Users. Without limitation, Users are solely responsible for (a) ensuring the accuracy and legality of any User Content, (b) determining the suitability of other Users for a Service Contract (such as any interviews, vetting, background checks, or similar actions), (c) negotiating, agreeing to, and executing any terms or conditions of Service Contracts, (d) performing Services, or (e) paying for Services. You further acknowledge, agree, and understand that you are solely responsible for assessing whether to enter into a Service Contract with another User and for verifying any information about another User, including Composite Information (defined below). Hey-USA.com does not make any representations about or guarantee the truth or accuracy of any User’s listings or other User Content on the Site; does not verify any feedback or information provided by Users, and does not vet or otherwise perform background checks on Users. You acknowledge, agree, and understand that Hey-USA.com does not, in any way, supervise, direct, control, or evaluate Users or their work and is not responsible for any Services. Hey-USA.com makes no representations about and does not guarantee, and you agree not to hold Hey-USA.com responsible for, the quality, safety, or legality of Services; the qualifications, background, or identities of Users; the ability of Users to deliver Services; the ability of Users to pay for Services; User Content, statements or posts made by Users; or the ability or willingness of a User to actually complete a transaction.
You also acknowledge, agree, and understand that Users are solely responsible for determining, and have the sole right to determine, which Services to accept; the time, place, manner, and means of providing any Services; the type of Services they provide; and the price they charge for their Services or how that pricing is determined or set. You further acknowledge, agree, and understand that: (i) you are not an employee of Hey-USA.com, and you are not eligible for any of the rights or benefits of employment (including unemployment and/or workers compensation insurance); (ii) Hey-USA.com will not have any liability or obligations under or related to Service Contracts and/or User Services for any acts or omissions by you or other Users; (iii) Hey-USA.com does not, in any way, supervise, direct, or control any User or User’s Services; does not impose quality standards or a deadline for completion of any User’s Services; and does not dictate the performance, methods or processes used by a User; (iv) User is free to determine when and if to perform User Services, including the days worked and time periods of work, and Hey-USA.com does not set or have any control over a User’s pricing, work hours, work schedules, or work location, nor is Hey-USA.com involved in any other way in determining the nature and amount of any compensation that may be charged by or paid to a User.
You hereby acknowledge and agree that Users publish and request Hey-USA.com to publish on their behalf information on the Site about the User, such as feedback, geographical location, or verification of identity or credentials. However, such information is based solely on unverified data that Users voluntarily submit to Hey-USA.com and does not constitute and will not be construed as an introduction, endorsement, or recommendation by Hey-USA.com; Hey-USA.com provides such information solely for the convenience of Users.
You acknowledge and agree that User feedback benefits all Users, and the efficiency of the Site and you specifically request that Hey-USA.com post composite or compiled feedback about Users, including yourself, on User Profiles and elsewhere on the Site. You acknowledge and agree that feedback results for you, including your Ratings and Reviews, wherever referenced, and other User Content highlighted by Hey-USA.com on the Site will include if any, User comments, User ratings, indicators of User satisfaction, and other feedback left exclusively by other Users. Hey-USA.com provides feedback as a means through which Users can share their opinions of other Users publicly, and Hey-USA.com does not monitor, influence, contribute to or censor these opinions. You acknowledge and agree that feedback relates only to the business advertised in the Profile and not to any individual person. You agree not to use the posted feedback to make any employment, credit, credit valuation, underwriting, or other similar decision about any other User.
Hey-USA.com does not generally investigate any remarks posted by Users or other User Content for accuracy or reliability and does not guarantee that User Content is accurate. You are solely responsible for your User Content, including the accuracy of any User Content, and are solely responsible for any legal action that may be instituted by other Users or third parties as a result of or in connection with your User Content if such User Content is legally actionable or defamatory. Hey-USA.com is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect feedback integrity and protect Users from abuse, Hey-USA.com reserves the right (but is under no obligation) to remove posted feedback or information that, in Hey-USA.com’s sole judgment, violates the Terms of Service or negatively affects our Platform, diminishes the integrity of the feedback or otherwise is inconsistent with the business interests of Hey-USA.com. You acknowledge and agree that you will notify Hey-USA.com of any error or inaccurate statement in your feedback results and that if you do not do so, Hey-USA.com may rely on the accuracy of such information.
If Users decide to enter into a Service Contract, the Service Contract is a contractual relationship directly between the Users. Users have complete discretion both with regard to whether to enter into a Service Contract with each other and with regard to the terms of any Service Contract. You acknowledge, agree, and understand that Hey-USA.com is not a party to any Service Contracts, that the formation of a Service Contract between Users will not, under any circumstance, create an employment or other service relationship between Hey-USA.com and any Users or a partnership or joint venture between Hey-USA.com and any User.
Users may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, invention assignment agreements, assignment of rights, etc.) provided that any such agreements do not conflict with, narrow, or expand Hey-USA.com's rights and obligations under the Terms of Service. Users are responsible for complying with any local requirements. Hey-USA.com does not assume any responsibility from any agreements entered into by Users.
For disputes arising between Users, you agree that Users are solely responsible for dispute resolution. Hey-USA.com does not assume any responsibility for past, current. and future disputes between Users.
Users may agree to any terms they deem appropriate with respect to confidentiality.
To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care. On a User’s written request, the party that received Confidential Information will promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control.
It is the intent of the Parties to this Agreement that Users who have entered into Service Contracts or disclosed or received Confidential Information to another User are third-party beneficiaries of this Agreement with respect to this Section only.
Users pay Hey-USA.com a membership fee if they subscribe for a paid monthly or annual Listing Package or a single-payment Listing Package. Users may subscribe to different subscription levels and privileges on the Site or cancel their membership at any time.
Hey-USA.com does not introduce Users and does not help Users secure Services. DivvyMonke ymerely makes the Site and Site Services available to enable Users to do so themselves and may from time to time highlight Services that may be of interest. Therefore, Hey-USA.com does not charge a fee to find a suitable User or Service. In addition, Hey-USA.com does not charge any fee for posting feedback.
THE SERVICES, INCLUDING THE SITE, ARE PROVIDED “AS-IS” AND “AS AVAILABLE” AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES: (a) WILL MEET YOUR REQUIREMENTS; (b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (c) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE OR (d) THAT THE SERVICES WILL BE TO YOUR SATISFACTION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT WILL Hey-USA.com BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
IN NO EVENT WILL Hey-USA.com'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNTS YOU’VE PAID Hey-USA.com IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or Third Party Sites & Ads.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify and hold us (and our officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Subject to this Section, this Agreement will remain in full force and effect while you use the Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your Account involves deletion of your User Content from our live databases. We will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Account or deletion of your User Content. Upon termination of this Agreement, all of the provisions will terminate except those that by their nature should survive.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND Hey-USA.com HAVE AGAINST EACH OTHER ARE RESOLVED.
You and Hey-USA.com agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of our Terms of Service Agreement, your use of or access to the Services, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
This Agreement is made under and will be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles that provide for the application of the law of another jurisdiction.
You and Hey-USA.com each agree that any and all disputes or claims that have arisen or may arise between you and DivyMonkey relating in any way to or arising out of this or previous versions of the Terms of Service Agreement, your use of or access to Hey-USA.com Services, or any products or services sold, offered, or purchased through our Services will be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court in Coles County, Illinois, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
The arbitration will be conducted by JAMS Arbitration (“JAMS”) under its applicable rules and procedures, as modified by this Agreement to Arbitrate. The arbitration will be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes.
Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
You and we must abide by the following rules: (a) ANY CLAIMS BROUGHT BY YOU OR US MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (c) the arbitrator will honor claims of privilege and privacy recognized at law; (d) the arbitration will be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award; (e) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (f) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses, and then in such instance, the fees and costs awarded will be determined by the applicable law.
With the exception of subparts (a) and (b) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (a) or (b) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision will be null and void, and neither you nor we will be entitled to arbitration. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in state or federal court in Chicago Illinois.
This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and Hey-USA.com relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Hey-USA.com drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Hey-USA.com because of the authorship of any provision of the Terms of Service.
No modification or amendment to the Terms of Service will be binding upon Hey-USA.com unless in a written instrument signed by a duly authorized representative of Hey-USA.com or posted on the Site by Hey-USA.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.
Users may not assign the Terms of Service, or any of its rights or obligations hereunder, without Hey-USA.com'S prior written consent in the form of a written instrument signed by a duly authorized representative of Hey-USA.com. Hey-USA.com may freely assign this Agreement and the other Terms of Service without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.
If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.
The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the United States.
Hey-USA.com makes no representations that the Site is appropriate or available for use outside of the United States. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, United States, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and the sanctions programs maintained by the Department of the Treasury Office of Foreign Assets Control. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving U.S. origin products, including services or software.
In order to access or use the Site or Site Services, you must and hereby represent that you are not: (a) a citizen or resident of a geographic area in which access to or use of the Site or Site Services is prohibited by applicable law, decree, regulation, treaty, or administrative act; (b) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (c) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the Site and Site Services and your license to use the Site or Site Services will be immediately revoked.
Document Updated: 1/1/2019
Our website (https://Hey-USA.com) is referred to as the “Site.”
Our Site, including without limitation information provided by us, together are called the “Platform.”
We call a user of our Platform or Site, a “User,” or collectively, the “Users”.
“You” and “Your” refer to an individual User of our Platform.
We do not knowingly collect personal information from children under 13 years of age. Our Platform is not directed to children under the age of 13 and children under 13 are not permitted to use the Our Platform. If we become aware that we have unknowingly collected personal information from a child under the age of 13, we will delete or disable such information. If you are a parent or guardian of a child under the age of 13, and you believe that your child has provided us with personal information, please let us know at support@Hey-USA.com.
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data, general demographic information we may collect, referring/exit pages and URLs, preferences you submit and preferences that are generated based on the data you submit and number of clicks. “Personal Information” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data.
We retain information on your behalf, such as files and messages that you post on our Site.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys, we may collect additional information that you knowingly provide.
When you post messages on the Platform or on a Social Media Site (“SNS”) where we have a page or presence (collectively “SNS Pages”), the information contained in your posting may be republished on our Site and other Users may be able to see them.
In an effort to improve the quality of the Platform, we track information provided to us by your browser, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Platform, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a User’s browser from our servers and are stored on the User’s computer hard drive. Sending a cookie to a User’s browser enables us to collect Non-Personal information about that User and keep a record of the User’s preferences when utilizing our Platform, both on an individual and aggregate basis.
In general, Personal Information you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Information in the following ways:
to facilitate the creation of and secure your Account on the Platform;
identify you as a User on our Platform;
provide improved administration of our Platform;
provide the Platform features you request;
improve the quality of experience when you interact with our Platform;
send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
send you administrative e-mail notifications, such as security or support and maintenance advisories;
to send newsletters, surveys, offers, and other promotional materials related to our Platform and for other marketing purposes including those of third parties; and perform marketing or data analysis.
We may make use of location-based data for our Platform to connect you with other Users near you that can either offer or are in need of services. If you choose not to allow us to access your location, some or all functionality may not be available to you.
We may share your Personal Information with third party service providers to: provide you with the Platform that we offer you through our Site; to conduct quality assurance testing; to perform marketing; to run data analysis; to facilitate creation of accounts; to provide technical support; and/or to provide other functionality related to the Platform.
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We further protect your information from potential security breaches by implementing certain technological security measures. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. While we use reasonable efforts to protect your Personal Information, we cannot guarantee its absolute security. By using our Platform, you acknowledge that you understand and agree to assume these risks.
Document Updated: 1/1/2019
Hey-USA.com may terminate any license it has granted to any Site Visitor or User to access the Site and Site Services by providing notice, and the termination of such license shall be effective immediately upon Hey-USA.com providing such notice.
Hey-USA.com and our licensors retain all right, title, and interest in and to all Intellectual Property Rights related in and to the Site and the Site Services. The Hey-USA.com logos and names are trademarks of Hey-USA.com and are registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site or Site Services may be the trademarks of their respective owners. Nothing in the Terms of Service grants you a right to use any Hey-USA.com Marks.
When you post User Content on the Site or through the Site Services or provide Hey-USA.com with User Content, you understand and acknowledge that you are solely responsible for such User Content. Further, you represent and warrant that you have the right, power, and authority to (a) post that User Content without violating the rights of third parties, and (b) grant the licenses specified below.
You acknowledge and agree that the poster of User Content, and not Hey-USA.com, is responsible for any User Content including any harms caused to you, another User, or a third party by such User Content.
You will indemnify, defend, and hold harmless Hey-USA.com, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to or arising out of any User Content you post.
You may submit comments or ideas about the Site and Site Services, including without limitation about how to improve the Site or Site Services (collectively, “Ideas”). By submitting any Ideas, you agree that: (a) your disclosure is voluntary, gratuitous, unsolicited, and without restriction and will not place Hey-USA.com under any fiduciary or other obligation, (b) your Ideas do not contain the confidential or proprietary information of third parties, and (c) you grant us a perpetual and royalty-free license to use the Ideas without any additional compensation to you and to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge and agree that, by acceptance of your submission, Hey-USA.com does not waive any rights to use similar or related ideas, including those known or developed by Hey-USA.com or obtained from sources other than you.
Any information or content expressed or made available by a third party or any other Site Visitor or User is that of the respective author(s) or distributor(s) and not of Hey-USA.com. Hey-USA.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on the Site by anyone other than Hey-USA.com’s authorized agents acting in their official capacities.
The Site may contain links to third-party websites. The Site may also contain applications that allow you to access third-party websites via the Site. Such third-party websites or applications are owned and operated by the third parties and/or their licensors. The inclusion of any link or application on the Site does not imply that we endorse the linked site or application. You use the links and third-party websites at your own risk and agree that your use of an application or third-party website accessed via the Site is on an “as is” and “as available” basis without any warranty for any purpose.
Hey-USA.com is committed to complying with U.S. copyright and related laws and requires all Site Visitors and Users to comply with these laws. Accordingly, you may not use the Site to store any material or content or disseminate any material or content, in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by U.S. copyright law.
If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on the Site, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by complying with Hey-USA.com’s Proprietary Rights Infringement Reporting Procedures.
Hey-USA.com makes the Site and Site Services available for Users to find one another and enter into service relationships. In addition, certain Visitor Site Services, such as the Hey-USA.com Blog, provide and may be used to obtain, general information and articles that we believe may be of interest to Site Visitors and Users. While we try to ensure that any information we post is both timely and accurate, errors may appear from time to time. We do not make any representations or warranties with respect to any information that is posted on the Site by us or anyone else. In no event should any content be relied on or construed as tax or legal advice or otherwise. You should independently verify the accuracy of any content.
You may not use, or encourage, promote, facilitate, instruct or induce others to use, the Site or Site Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal or fraudulent purpose or any purpose that is harmful to others; or to transmit, store, display, distribute or otherwise make available content that is illegal, fraudulent or harmful to others.
The following are examples of uses that are prohibited on the Site or when using the Site Services:
Seeking, offering, promoting or endorsing and services, content, or activities that:
-are defamatory, illegal, profane, vulgar, threatening, unlawfully discriminatory, illegal, pornographic, obscene, or sexually explicit in nature;
-would violate the intellectual property rights, such as and including copyrights, of another person, entity, service, product, or website;
-would violate (a) Hey-USA.com’s Terms of Service, (b) the terms of service of another website or any similar contractual obligations, or (c) the academic policies of any educational institution;
-regard the creation, publication, distribution of “fake news”, “hoax news” or similar false content purposefully intended to mislead readers for financial or other gain;
-regard or promote in any way any escort services, prostitution, or sexual acts; or
-are harassing toward another person based on the person's inclusion in a protected class as defined by applicable law;
Fraudulent or misleading uses or content, including:
-Misrepresenting your experience, skills, or information, including by representing another person’s profile, or parts of another person’s profile, as your own;
-Using a profile photo that misrepresents your identity or represents you as someone else;
-Impersonating any person or entity, including, but not limited to, a Hey-USA.com representative, forum leader, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
-Falsely stating or implying a relationship with another User.
-Falsely attributing statements to any Hey-USA.com representative, forum leader, guide or host;
-Falsely stating or implying a relationship with Hey-USA.com or with another company with whom you do not have a relationship;
-Allowing another person to use your account, which is misleading to other Users; or
-Falsely stating that one User will perform the work on a job when another will, in fact, perform the work, including submitting a proposal on behalf of another User that is unable, unwilling, or unavailable to do the work;
-Expressing an unlawful preference in a job post or proposal or otherwise unlawfully discriminating on a protected basis;
-Posting identifying information concerning another person;
-Spamming other Users with proposals or invitations or posting the same job multiple times so that more than one version remains active at a given time;
-Making or demanding bribes or other payments without the intention of providing services in exchange for the payment;
-Attempting to or actually manipulating or misusing Feedback, including by:
-withholding Services or payment or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
-attempting to coerce another User by threatening to give negative feedback;
-expressing views unrelated to the work, such as political, religious, or social commentary, in the feedback system; or
-offering services for the sole purpose of obtaining positive feedback of any kind;
-Duplicating or sharing accounts;
-Selling, trading, or giving an account to another person without Hey-USA.com's consent;
-Sharing or soliciting contact information, such as email, phone number, or Skype ID, in a profile or job post;
-Conduct actions that could jeopardize the integrity of or circumvent the Site, Site Services or Hey-USA.com's proprietary information, including:
-Interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site;
-Bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein;
-Attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
-Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission;
-Attempting to or interfering with or compromising the system integrity or security or deciphering any transmissions to or from the servers running the Site;
-Collecting or harvesting any personally identifiable information, including Account names, from the Site;
-Attempting to or imposing an unreasonable or disproportionately large load (as determined in Hey-USA.com's sole discretion) on the Site’s infrastructure; Introducing any invalid data, virus, worm, or other harmful or malicious software code, agent, hidden procedure, routine, or mechanism through or to the Site that is designed to or known to cause to cease functioning, disrupt, disable, harm, or otherwise impair in any manner, including aesthetic disruptions or distortions, the operation of (or to allow you or any other person to access or damage or corrupt data, storage media, programs, equipment, or communications or otherwise interfere with operations of or on) the Site or any software, firmware, hardware, computer system, or network of Hey-USA.com or any third party;
-Accessing or attempting to access the Site or Site Services by any means or technology other than the interface provided; or
-Framing or linking to the Site or Site Services except as permitted in writing by Hey-USA.com
-Attempting to or actually reverse engineering, modifying, adapting, translating, preparing derivative works from, decompiling, interfering with the operation of, or otherwise attempting to derive source code from any part of the Site or Site Services unless expressly permitted by applicable law or Hey-USA.com; or
-Accessing or using the Site or Site Services to build a similar service or application, identify or solicit Hey-USA.com Users, or publish any performance or any benchmark test or analysis relating to the Site.
Document Updated: 1/1/2019
Profiles are designed to help match you with the right person and to help you make the best-informed decision when it comes to trading, buying, selling, hiring, etc.
See how past transactions have gone for a particular User. Please keep in mind that some User's of the platform may just be starting out and no have Ratings or Reviews as of yet. The most important thing is to consider the Ratings and Reviews that are present.
Profiles give User's a chance to tell you about their brand or business and explain why you should interact with them. You’ll see things like pictures of their work, a description of their brand or business, why they love what they do, a link to their website and more.
User credentials can be an important factor when it comes to having confidence in the User, the services they provide, the products they're selling, etc..
Licensed: If applicable, verify the User is currently licensed with governing bodies in order to provide their services and/or goods.
Insured: If applicable, verify the User is currently insured with the appropriate coverage when it comes to providing their services.
Certifications: If applicable, is the User certified to provide a particular service. In some cases, certification may be considered a requirement, while in other cases certification may just be a nice-to-have that separates a User from another.
We make it easy to talk other Users without revealing any of your contact info. So ask as many questions as you need, and tell them exactly what you’re looking for. You might consider inquiring about:
-Evidence of past work (Photos, Online Portfolio, etc.)
-Licenses, Insurance, and Permits
It’s always worth seeing what other information you can find about a Brand or Business you’re considering working with. Think about resources like the Better Business Bureau or a web search to look for more information. You can also check out third-party resources like the Federal Trade Commission’s guide to hiring a contractor for additional tips.
A written agreement is the best way to make sure everyone is on the same page. Include details like the who, what, where, and cost of your services or project.
If you're trading services that take an extended time to complete on both sides, consider collecting along the way, rather than all at once. For example, if Jan is trading 5 massage therapy sessions to John, for 10 car-detailings, it would be a good idea to try and do a 1-for-1 trade until the agreement is reached.
For those not trading and especially for high-value projects, don’t pay with cash (or via wire transfer or cashier’s check), and limit your down payment. In fact, some state laws limit the amount a person can ask for up front.
Unexpected things can happen, so check your insurance policies to make sure you’re covered. Your own insurance provider is always the best resource to learn if your policy covers any risks associated with your project. You should also verify the insurance or the person performing services for you.
License requirements (or whether permits are required) depends on the laws of your city and state, and what kind of service you’re hiring for. Contact your state or local government about specific questions. Here are some tips and resources to help you get started:
-A business license is NOT the same thing as an occupational license. A business license generally just means the User is registered to do business in a city or state. It doesn’t authorize the User to do any specific kind of project. An occupational license is what authorizes a User to do certain kinds of work (e.g. plumber).
-There are several online resources that can help you verify occupational licenses. The BRB Publications, Inc. maintains a database of some state occupational licensing board websites.
-Sometimes there may also be federal licensing requirements. For example, interstate movers must be licensed by the Federal Motor Carrier Safety Administration.
District of Columbia
Document Updated: 1/1/2019