OfferPost Terms of Service & Privacy Policy

Last updated: November 14, 2017

COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. COMPANY DOES NOT SUPERVISE, DIRECT OR CONTROL A HELPER’S WORK OR THE TASKS IN ANY MANNER, WHICH USER HEREBY ACKNOWLEDGES.

The OfferPost Platform only enables connections between Users for the fulfillment of Tasks. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Helpers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and services provided by Users identified through the OfferPost Platform whether in public, private, or offline interactions.

These Terms of Service govern the use of the community platform offered by OfferPost, Inc. (“Company”) at Company’s website (OfferPostNow.com the “Site”) or mobile applications. The platform services provided by Company, the Site and mobile applications together are hereinafter collectively referred to as the “OfferPost Platform.”

Your use of the OfferPost Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy (the “Privacy Policy”) available here, the guide on Best Practices for Helper Success, including all linked web pages thereto, (the “Best Practices Guide”) available here, and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. You represent and warrant that that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement. You are required to agree to and accept these Terms of Service, the Privacy Policy and the Best Practices Guide in order to access and use the OfferPost Platform.

The Privacy Policy and Best Practices Guide are incorporated by reference into these Terms of Service and these Terms of Service, the Privacy Policy and Best Practices Guide together are hereinafter referred to as this “Agreement.”

These Terms of Service include:


1. OfferPost Platform Connects Helpers and Clients

The OfferPost Platform is a web-based communications platform that enables the connection between Clients and Helpers. “Clients” are individuals and/or businesses seeking to obtain task services (“Tasks”) from Helpers and are therefore clients of Helpers, and “Helpers” are individuals and/or businesses seeking to perform Tasks for Clients. Clients and Helpers together are hereinafter referred to as “Users.” If you agree on the terms of a Task with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. COMPANY DOES NOT SUPERVISE, DIRECT OR CONTROL A Helper’S WORK OR THE TASKS IN ANY MANNER, WHICH Helper HEREBY ACKNOWLEDGES.

The OfferPost Platform only enables connections between Users for the fulfillment of Tasks. Company is not responsible for the performance of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Tasks, Helpers, Clients, nor of the integrity, responsibility, qualifications or any of the actions or omissions whatsoever of any Users. Company makes no representations about the suitability, reliability, timeliness, or accuracy of the Tasks requested and services provided by Users identified through the OfferPost Platform whether in public, private, or offline interactions.

2. User Vetting

Users may be subject to an extensive vetting process before they can register for and during their use of the OfferPost Platform, including but not limited to a verification of identity and a comprehensive criminal background check, at the Country, State and local level, using third party services as appropriate. Users hereby give consent to Company to conduct background checks as often as required in compliance with federal and state laws, including, without limitation, the Fair Credit Reporting Act.

Although Company may perform background checks of Users, as outlined above, Company cannot confirm that each User is who they claim to be and therefore, Company cannot and does not assume any responsibility for the accuracy or reliability of identity or background check information or any information provided through the OfferPost Platform.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE OfferPost PLATFORM AND YOU HEREBY RELEASE COMPANY AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE OfferPost PLATFORM.

Company’s sole liability with respect to Tasks and Users is as set forth in the OfferPost Guarantee described in Section 13.

3. Contract between Clients and Helpers

You acknowledge and agree that a contract (the “Service Agreement”) is formed when you agree on the terms of a Task with another User. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the OfferPost Platform, and any other contractual terms accepted by both the Client and the Helper to the extent such terms do not conflict with the terms in this Section 3 and do not expand Company’s obligations or restrict Company’s rights under this Agreement. You agree that Company is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstance, create an employment or other service relationship between Company and the Helper.

Where approved in advance by the Client, the Helper is not obligated to personally perform the Services. Before any Task services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Helper, the Helper shall require any such individuals to become registered Helpers on the OfferPost Platform pursuant to Company policies as described on the OfferPost Platform. The Helper assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Helper and all persons engaged by the Helper in the performance of the Task services.

The Client shall pay for completed Task services through the Payment System Provider (PSP) as defined below and indicated on the OfferPost Platform at the rates agreed to in the engagement terms. Each party agrees to comply with the OfferPost Best Practices Guide during the engagement, performance and completion of a Task. Both parties agree to notify Company of any disputes prior to negotiation of or filing of any claims and to negotiate any dispute informally via Company representatives for at least thirty (30) days before initiating any proceeding between the parties.

4. Billing and Payment

Users of the OfferPost Platform contract for Tasks directly with other Users. Company will not be a party to any contracts for Tasks or services. Payment for Task services through the OfferPost Platform is made directly from the Client to the Helper and not by Company.

Users of the OfferPost Platform will be required to provide their credit card or bank account details to Company and the PSP retained by Company. Clients will be responsible for paying the invoice for each Task (the “Invoice”), which will include (i) the pricing terms of the Task agreed with and provided by a Helper (“Task Payment”), (ii) any out of pocket expenses agreed with and submitted by a Helper in connection with the Task, (iii) any tip or gratuity, if applicable, (iv) the service charge Company assesses for the OfferPost Platform, variable based on the Task Payment amount and if based on any modifications or cancellations outside of the no-fee modification and cancellation window , and (v) the platform fee, which is used to offset Company's cost of providing you with access to the OfferPost platform.

Helpers may be required to register with the PSP, agree to Terms of Service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. Terms of Service between Helpers and the PSP retained by Company are available here (the “PSP Agreement”). By accepting these Terms of Use, each Helper agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Company is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement (currently, Braintree) are the parties to the PSP Agreement and that Company has no obligations or liability to any Helper under the PSP Agreement.

When Client receives confirmation through the OfferPost Platform or via email that a Task has been completed, Client automatically authorizes Company to provide Client's payment details to the PSP for processing of Task Payment, out of pocket expenses owed to Helper, and the service charge and platform fees owed to Company for the use of the OfferPost Platform. You may be charged a cancellation fee through the PSP if you book a Task, but cancel it before it is completed, as set forth in the Task pricing terms.

Company reserves the right, in its sole discretion (but not the obligation), upon  request from Client or Helper or upon notice of any potential fraud, unauthorized charges or other misuse of the OfferPost Platform, to (i) place on hold any Task Payment and out of pocket expenses, or (ii) refund, provide credits or arrange for the PSP to do so.

Task Payment and fees must be paid through the PSP as indicated on the OfferPost Platform. Clients may pay using a Gift Card (see Section 5).

Users of the OfferPost Platform will be liable for any taxes (including VAT, if applicable) required to be paid on the Task services provided under the Agreement (other than taxes on Company’s income).

5. Promotional Codes

Company promotional codes (“Promotional Codes”) may be available and can be used to pay Task Payments and Company fees in part or in full, but may not be used to pay for reimbursement of out of pocket expenses and Company fees associated with a Task provided through the OfferPost Platform. Promotional Codes are an offer (subject to the terms of the Promotional Codes) by Company to reduce the amount a Client has to pay in relation to a Task Payment and/or our fee. Promotional Codes will not affect the amount of the Task Payment a Helper ultimately receives. You agree that you will only use one Promotional Code per person, and will comply with Promotional Codes terms, including but not limiting Promotional Code use to first-time Users (which means that you will not use such a Promotional Codes with a new account you create if you already have an account on the OfferPost Platform). Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promotional Code by you or any other user in the event that Company determines or believes that the use or redemption of a Promotional Code was in error, fraudulent, illegal, or in violation of the applicable Promotional Codes terms or these Terms.

6. Release

The OfferPost Platform is only a venue for connecting Users. Because Company is not involved in the actual contact between Users or in the completion of the Task, in the event that you have a dispute with one or more Users, you release Company and its affiliates (and their respective officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS OfferPost PLATFORM. Company’s sole liability with respect to disputes between Users is as set forth in the OfferPost Guarantee described in Section 13

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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.”

7. Public Areas; Acceptable Use

The OfferPost Platform may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. For the safety and integrity of the OfferPost Platform, you may not share your personal contact information with other Users.

Without limitation, while using the OfferPost Platform, you may not:

  1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Company staff, or use information learned from the OfferPost Platform or during the performance of Tasks to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other User or Company staff outside of the OfferPost Platform.
  2. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
  3. Use the OfferPost Platform for any purpose, including, but not limited to posting or completing a Task, in violation of local, state, national, or international law.
  4. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
  5. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
  6. Post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
  7. Advertise or offer to sell any goods or services for any commercial purpose through the OfferPost Platform that are not relevant to the Task services offered through the OfferPost Platform.
  8. Post or complete a Task requiring a User to (i) purchase or obtain gift cards, money orders, or high value items (items over $300) without notifying Company, (ii) cross state lines during the performance of a Task, (iii) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (iv) otherwise engage in harmful or illegal activity.
  9. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  10. Impersonate another person or a User or allow any other person or entity to use your identification to post or view comments.
  11. Post the same Task repeatedly (“Spamming”). Spamming is strictly prohibited.
  12. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the OfferPost Platform.
  13. Restrict or inhibit any other User from using and enjoying the Public Areas.
  14. Imply or state that any statements you make are endorsed by Company, without the prior written consent of Company.
  15. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the OfferPost Platform in any manner.
  16. Hack or interfere with the OfferPost Platform, its servers or any connected networks.
  17. Adapt, alter, license, sublicense or translate the OfferPost Platform for your own personal or commercial use.
  18. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by Company.
  19. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
  20. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
  21. Use the OfferPost Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the OfferPost Platform as set forth herein.
  22. Use the OfferPost Platform to collect usernames and or/email addresses of Users by electronic or other means.
  23. Use the OfferPost Platform or the Task services in violation of the Best Practices Guide.
  24. Use the OfferPost Platform in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining Company’s trade secret information for public disclosure or other purposes.
  25. Attempt to circumvent the payments system or service fees in anyway including, but not limited to, processing payments outside of the platform, including inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
  26. Register under different usernames or identities, after your account has been suspended or terminated or register under multiple usernames or identities.
  27. Cause any third party to engage in the restricted activities above.

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Company will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

8. Termination and Suspension

Company may terminate or suspend your right to use the OfferPost Platform in the event that we believe that you have breached this Agreement (a “User Breach”) by providing you with written or email notice of such User Breach and such termination or suspension, and termination or suspension will be effective immediately upon delivery of such notice.

If Company terminates or suspends your right to use the OfferPost Platform as a Client for a User Breach, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Even after your right to use the OfferPost Platform is terminated or suspended, this Agreement will remain enforceable against you.

Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the OfferPost Platform at its sole discretion. Except for refundable fees you have advanced to Company (if any), Company is not liable to you for any modification or discontinuance of all or any portion of the OfferPost Platform. Notwithstanding anything to contrary in this Section 8, Company has the right to restrict anyone from completing registration as a Helper if Company believes such person may threaten the safety and integrity of the OfferPost Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the OfferPost Platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

9. Account, Password, Security and Mobile Phone Use

You must register with Company and create an account to use the OfferPost Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Company for accessing the OfferPost Platform. You are solely and fully responsible for all activities that occur under your password or account. Company has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Company immediately.

By providing your mobile phone number and using the OfferPost Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and texts in order to perform and improve upon the OfferPost Platform. Company will not assess any charges for calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt-out of receiving text messages from us by modifying your account settings on the Site or Company’s mobile application, or by emailing opt-out-texts@OfferPostNow.com.

10. Your Information and Likeness

“Your Information” is defined as any information and materials you provide to Company or other Users in connection with your registration for and use of the OfferPost Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as “User Generated Content.”

You hereby represent and warrant to Company that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for Company or cause Company to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

The OfferPost Platform hosts User Generated Content relating to reviews and ratings of specific Helpers (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Client should undertake their own research to be satisfied that a specific Helper is the right person for a Task. You agree that Company is not liable for any Feedback or other User Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that Company do so.

You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the OfferPost Platform.

Each Helper who provides to Company any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, in exchange for the right to use the OfferPost Platform, hereby irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:

Each Helper hereby waives all rights and releases Company from, and shall neither sue nor bring any proceeding against any such parties for, any claim or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Helper’s identity, likeness or voice in connection with the OfferPost Platform.

Each Helper acknowledges that Company shall not owe any financial or other remuneration for using the recordings provided hereunder by such Helper, either for initial or subsequent transmission or playback, and further acknowledges that Company is not responsible for any expense or liability incurred as a result of such Helper’s recordings or participation in any recordings, including any loss of such recording data.

11. Links to Other Websites

The OfferPost Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute the endorsement by Company of those sites or their content. They are provided as an information service, for reference and convenience only. Company does not control any such sites, and is not responsible for their (1) availability or accuracy, or (2) content, advertising, or products or services. The existence of links on the OfferPost Platform to such websites (including without limitation external websites that are framed by the OfferPost Platform as well as any advertisements displayed in connection therewith) does not mean that Company endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by Company's Terms of Service or Privacy Policy. You access such third-party websites at your own risk. Company expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the OfferPost Platform. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the OfferPost Platform.

As part of the functionality of the OfferPost Platform, you may link your account with online accounts you may have with third party service providers (such as Facebook) (each such account, a “Third Party Account”) by either: (i) providing your Third Party Account login information through the OfferPost Platform; or (ii) allowing Company to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Company and/or grant Company access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Company to pay any fees or making Company subject to any usage limitations imposed by such third party service providers. By granting Company access to any Third Party Accounts, you understand that (i) Company may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “SNS Content”) so that it is available on and through the OfferPost Platform via your account, including without limitation any friend lists, and (ii) Company may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the OfferPost Platform. Please note that if a Third Party Account or associated service becomes unavailable or Company’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the OfferPost Platform. You will have the ability to disable the connection between your account on the OfferPost Platform and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Company makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Company is not responsible for any SNS Content. You acknowledge and agree that Company may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the OfferPost Platform. At your request made via e-mail to privacy@OfferPostNow.com, Company will deactivate the connection between the OfferPost Platform and your Third Party Account and delete any information stored on Company’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

12. Worker Classification and Withholdings

AS SET FORTH IN SECTION 1, COMPANY DOES NOT PERFORM TASKS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM TASKS. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges that Company does not, in any way, supervise, direct, or control a Helper’s work or Tasks performed in any manner. Company does not set a Helper’s work hours or location of work. Company will not provide any equipment, labor or materials needed for a particular Task. Company does not provide any supervision to Users.

The OfferPost Platform is not an employment service and Company is not an employer of any User. As such, Company is not responsible for and will not be liable for any tax payments or withholding, including but not limited to unemployment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with your use of Users’ Task services.

You agree to indemnify, hold harmless and defend Company from any and all claims that a Helper was misclassified as an independent contractor, any liabilities arising from a determination by a court, arbitrator, government agency or other body that a Helper was misclassified as an employee (including, but not limited to, taxes, penalties, interest and attorney’s fees), any claim that Company was an employer or joint employer of a Helper, any claims under any applicable employment-related laws, such as, without limitation, those relating to employment termination, employment discrimination, harassment or retaliation, as well as, without limitation, any claims for unpaid wages, withholdings, overtime pay, failure to provide meal and rest breaks, sick leave, holiday or vacation pay, retirement benefits, worker's compensation benefits, unemployment benefits, or any other employee benefits.

13. Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the OfferPost Platform is owned by Company, excluding User Generated Content that Company has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Company owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the OfferPost Platform without Company's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Company and, if applicable, the holder of the rights to the User Generated Content.

The service marks and trademarks of Company, including without limitation Company and Company logos are service marks owned by Company. Any other trademarks, service marks, logos and/or trade names appearing via the OfferPost Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

14. Copyright Complaints and Copyright Agent

Company respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the OfferPost Platform infringe upon your copyright or other intellectual property right, please send the following information to Company's Copyright Agent at: OfferPost, Inc., 9 North Pauahi Street, Honolulu, HI 96817 or copyright@OfferPostNow.com:

15. Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Company and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Company in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Company upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Company’s trade secrets, confidential and proprietary information and all other information and data of Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Company’s business, operations and properties, including information about Company’s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

16. Disclaimer of Warranties

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

THE OfferPost PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE OfferPost PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE OfferPost PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OfferPost PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OfferPost PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE OfferPost PLATFORM WILL BE UNINTERRUPTED OR THAT THE OfferPost PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE OfferPost PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY TASK OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE OfferPost PLATFORM.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

NEITHER COMPANY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE OfferPost PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

COMPANY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A CLIENT MAY USE TO EXPEDITE OfferPost SELECTION, EACH CLIENT IS RESPONSIBLE FOR DETERMINING THE TASK AND SELECTING THEIR Helper AND COMPANY DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A CLIENT AND DOES NOT RECOMMEND ANY PARTICULAR Helper. COMPANY DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY Helper’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

17. No Liability

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS ONLY WILLING TO PROVIDE THE OfferPost PLATFORM IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD COMPANY, ITS AFFILIATES, ITS LICENSORS, ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE OfferPost PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY COMPANY OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION, OTHER THAN PURSUANT TO THE OfferPost GUARANTEE.

UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE OfferPost PLATFORM OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

COMPANY DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE OfferPost PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COMPANY OR ITS PARTNERS IN PROMOTIONS, SWEEPSTAKES OR CONTESTS, AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

18. Indemnification

You hereby agree to indemnify, defend, and hold harmless Company, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with (i) your use or inability to use the OfferPost Platform, or (ii) any content submitted by you or using your account to the OfferPost Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Company.

19. Dispute Resolution

INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Company. Company’s address for such notices is OfferPost, Inc., OfferPost, Inc., 9 North Pauahi Street, Honolulu, HI 96817  Attention: Legal.

BINDING ARBITRATION. If you and Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of the OfferPost Platform (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed USD 10,000, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Claims where mandatory arbitration is prohibited by a valid, non-preempted law, to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision. Nothing in this arbitration provision will prevent either party from bringing an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Honolulu, Hawaii with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and Company agree that any arbitration will be limited to the Dispute between Company and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

LOCATION OF ARBITRATION. Arbitration will take place in Honolulu, Hawaii. You and Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in San Francisco, California have exclusive jurisdiction and you and Company agree to submit to the personal jurisdiction of such courts.

RIGHT TO OPT OUT OF ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER. You may opt out of the foregoing arbitration and class action/jury trial waiver provision of this Agreement by notifying Company in writing within 30 days of the date you first registered for the OfferPost Platform or 30 days from the date this Agreement was last updated. To opt out, you must send a written notification to Company at OfferPost, Inc., OfferPost, Inc., 9 North Pauahi Street, Honolulu, HI 96817  Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action/jury trial waiver provisions.

20. Governing Law

You and Company agree that, other than as set forth under the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” in Section 20 above, if any portion of Section 20 entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the Agreement will be given full force and effect.

Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” in Section 20 is found to be illegal or unenforceable, neither you nor Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Honolulu, Hawaii, and you and Company agree to submit to the personal jurisdiction of that court.

Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of Hawaii, without regard to choice of law principles.

Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 20 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

21. Special Promotions

Company may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of Company, and can be activated, modified or removed at any time by Company without advance notification and the liability of any of Company’s partners pursuant to such promotional opportunities, sweepstakes and contests shall be limited pursuant to Section 18 of these Terms of Service, including but not limited to Section 18 of these Terms of Service.

22. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

23. General Provisions

Failure by Company to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the benefit of Company, its successors and assigns.

24. Changes to this Agreement and the OfferPost Platform

Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the OfferPost Platform or any content or information through the OfferPost Platform at any time, effective with or without prior notice and without any liability to Company. Company will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the OfferPost Platform. Your continued use of the OfferPost Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Company may change, modify, suspend, or discontinue any aspect of the OfferPost Platform at any time without notice or liability. Company may also impose limits on certain features or restrict your access to parts or all of the OfferPost Platform without notice or liability.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, PRIVACY POLICY AND BEST PRACTICES GUIDE AND AGREE THAT MY USE OF THE OfferPost PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

OfferPost Privacy Policy

Last Updated: June 8, 2016

OfferPost, Inc. (“OfferPost”) has created this privacy policy in order explain our privacy practices. The following explains our information-gathering and -sharing practices for our OfferPost website (the “Site”), services and the OfferPost mobile application (collectively, the “Service”).

By using the Service, you do hereby warrant and represent that you have read, understand and agree to all terms and conditions stated herein, including our Terms of Service, available at http://www.OfferPostNow.com/terms, which is incorporated herein by reference, which govern the use of the services offered by OfferPost, and that you are giving OfferPost permission to use and store such information consistent with this privacy policy and our Terms of Service.

A user of the Service is hereinafter referred to as a “User,” or collectively, the “Users.”


Links and Information

This website contains links to other websites. Please review Section 9 of our Terms of Service, available at: http://www.OfferPostNow.com/terms, for more information.

Information Received by OfferPost/Personal Information.  OfferPost collects personal information only if you voluntarily choose to share such information with OfferPost. You may browse the Site without disclosing any personal information. However, in order for you to take advantage of particular opportunities provided through the Service, we may require that you furnish a certain amount of personal information. When you register your account, sign up for newsletters, complete forms for optional programs, surveys, contests and other entries, and through communications transmitted through OfferPost, applications and your use of the OfferPost mobile application, we collect information including your name, address, phone number and email address. You also may choose to send OfferPost personally identifying information in an email message containing information or inquiries about the Service.

Anonymous or Aggregated Data. OfferPost collects and stores certain data about the use of the Service on an aggregate and/or anonymous basis. OfferPost does not link this information to anything personally identifiable to you.

Cookies and Other Technologies. When you visit websites on the Internet, your browser may automatically transmit information to the websites you visit throughout every visit. Like many websites, we may use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We may utilize persistent cookies that only OfferPost can read and use to save your login information for future logins to the Service, to assist in processing items in your shopping basket, to hold session information, and to track user preferences. We may utilize session ID cookies to enable certain features of the Service, to better understand how you interact with the Site and to monitor aggregate usage by our users and web traffic routing on the Service, to track the number of entries in OfferPost promotions, sweepstakes and contests and to identify visited areas of the Site and Service. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and Service and then close your browser. Third party advertisers on the Site may also place or read cookies on your browser and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on our site to personalize your visit. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Service. We and our service providers may also use "pixel tags," "web beacons," "clear GIFs," or similar means in connection with the Service and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, to determine the success of marketing campaigns and to compile aggregate statistics about Site usage and response rates. We may also engage one or more third party service providers to serve online advertisements on our behalf. They may use a “pixel tag” to collect anonymous information about your visits to this Site and to other websites, and they may use that information to target advertisements for goods and services. This information is collected anonymously, in a manner that does not personally identify you.

IP Address. When you visit and interact with the Site, OfferPost and/or third parties with whom OfferPost has contracted to provide services to OfferPost may collect your Internet Protocol Address ( “IP Address”), which is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. This number is identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. We use IP Addresses to monitor the regions from which Users navigate the Site and for fraud prevention purposes.

The Company also collects and uses personal data regarding its employees (“Employee Data”), which may include: name, address, job title and other job information, location, compensation information, identification number, employment history, and a copy of employment agreements.

We may also require you to provide us with your financial information, including billing name, address and credit card number (“Financial Information”).

Only authorized OfferPost staff have access to your Personal Information in its entirety. Other staff may have access to portions of this information if it pertains to their job duties.

OfferPost's Use of Personal Information

OfferPost uses Personal Information for the following general purposes:

Although we ensure that our third party agents (“Agents”) receiving your information are bound by privacy restrictions at least as restrictive as those set forth in this policy, OfferPost is not responsible for any issues that may arise regarding the Privacy Policies of any of its affiliates or advertiser. By using this website, you do hereby agree to hold OfferPost harmless from any claims and/or damages that may arise from the actions of any of its affiliates and/or advertisers.

Two things drive OfferPost's decisions regarding the use of information collected from Users: 1) improving user experience by offering personalized services, content and advertising, and 2) market research.

Ads are a standard part of user experience on the Internet, and OfferPost believes that targeted advertising enhances this experience. OfferPost may use Cookies and other Technologies and Personal Information to place ads where they believe interested parties will see them.

In addition to generally acceptable forms of online advertising, OfferPost may advertise products, companies and events that we think might interest you through the email address you provide.

OfferPost may analyze Personal Information and Web Navigational Data based on your interests and may use the analysis from this information in a way that doesn’t reveal a User’s personal information (“Market Research”) in order to:

OfferPost uses data at the individual level to sell products and services to Users who express an interest in these products and services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Research.

OfferPost may use your cell phone number to call or text you in order to provide the Service. If you would like more information about our policy, or to opt out, please review Section 8 of our Terms of Service, available at

http://www.OfferPostNow.com/terms or email help@OfferPostNow.com.

Employee Data is only used for the for the purposes of facilitating the performance of certain administrative tasks and functions relating to general employment and for processing and investigating reports under the Company’s codes and policies (“Employee Data Purposes”).

We use Financial Information solely as authorized by you in accordance with the Service.

Choice/Opt-Out

You may opt-out of receiving communications from us and our partners, remove your information from our database, and choose to not receive future communications unrelated to the Service.You always have the option to ask OfferPost not to contact you with this information again.

If you receive unsolicited email from a OfferPost domain, please contact us at help@OfferPostNow.com.

OfferPost's information retention policy

To preserve the integrity of our databases, we may retain information submitted by Users for an indefinite length of time. If required by law, we will delete Personal Information by erasing it from our database. We will also respond to User requests to delete or correct account or Personal Information, which you can do by contacting OfferPost at delete@OfferPostNow.com.

Videos and Images of OfferPost

For each User seeking to provide task services via the Service (each, a “Helper”) who has provided OfferPost with any videotape, film, record, photograph, voice, or all related instrumental, musical, or other sound effects, you consent to our use of these materials in accordance with Section 13 of the Terms of Use, available at http://www.OfferPostNow.com/terms.

OfferPost’s security of collected information

Your OfferPost account is password-protected so that only you and authorized OfferPost staff have access to your account information. In order to maintain this protection, do not give your password to anyone. If someone who represents to you they are OfferPost staff and asks for any personal account information, including password, check their URL. If it doesn't say they are help@OfferPost, they aren’t. Also, if you share a computer, you should sign out of your OfferPost account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.

OfferPost makes every effort to ensure that your information is secure on its system by backing up data in separate backup drives and uses public key access encryption and firewalls on both our main and backup servers. We also employ and customer record managers to protect against loss, misuse and alteration of the information under our control. Extremely sensitive information, like credit card numbers, is always transmitted in encrypted form. Only certain authorized OfferPost staff can access Personal Information, and then only if it is relevant to their job duties. OfferPost has staff dedicated to maintaining this Privacy Policy and other privacy initiatives, periodically reviewing security and making sure that every OfferPost employee is aware of our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, OfferPost cannot guarantee the security of any information you transmit to us, and you do so at your own risk. While OfferPost will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all personal and/or financial information stored therein, and you agree to hold OfferPost harmless for any damages that may result therefrom. If you have any further questions on this issue, please refer to the Terms of Use, available at http://www.OfferPostNow.com/terms. OfferPost expressly disclaims any liability that may arise should any other individuals obtain the information you submit to this website.

With whom does OfferPost share information?

When you submit information to OfferPost, it is collected, processed and maintained solely by us or by third party agents who are bound by privacy restrictions at least as restrictive as those set forth in this policy. We may allow our business partners to collect information about Users that is not extremely sensitive Information. If you would like to opt out from the onward transfer of your information to our non-agent partners, you may send us an email at help@OfferPostNow.com. Include the word "privacy" in the subject line of the email and all your registration information in the body of the email.

Some OfferPost content is "sponsored by" or "presented by" other companies. OfferPost shares market research data (how the sponsorship performed, names of contest winners, etc.) collected on this website or via email surveys with these partners. This information is aggregate and not linked to specific users.

Partners may sponsor promotions, contests and sweepstakes that require you to reveal details such as your name, address or phone number. Always check their privacy policy before revealing information about yourself. If you don't want these sponsors to have your personal information, you can choose to not participate.

OfferPost reserves the right to disclose Personal Information from both private and public areas of this website at our discretion, if required by law or if we are given reason to believe, in our sole discretion, that someone is causing injury to or interference with the rights of Users, the general public, or OfferPost, to comply with a judicial proceeding, court order or legal process.

We will not transfer to a non-Agent third party any Personal Information that is sensitive in nature, such as information specifying your medical or health condition, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership without your prior affirmative consent.

Finally, OfferPost reserves the right to transfer, sell and/or distribute all information collected through the Service to an affiliate, subsidiary, or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or part of our business, assets or stock. We will use our best efforts to ensure that the new entity follows this Privacy Policy with respect to your Personal Information, as and to the extent required by applicable law.

How can Users edit their information?

OfferPost believes strongly in giving you the ability to access and edit your personal information. To update your personal info, click My Account at the top of any page. There you can view, update and correct your account information. You may edit your account information at any time -- all you need is your username and password.

So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. For example, since children under 18 are not allowed to register as Users, we need to take reasonable measures to preserve the accuracy of our Users' ages. Please contact us at help@OfferPostNow.com to find out how to change information you cannot access through your account.

Our databases automatically update any Personal Information you edit in your profile, or that you request we edit. Information transmitted through boards, chats, polls or through any other means remains in our databases and becomes the property of OfferPost upon submission.

Notification of changes

OfferPost's security and privacy policy are periodically reviewed and enhanced as necessary. This policy might change as OfferPost updates and expands the Service. OfferPost will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. OfferPost also encourages you to review this privacy policy periodically. If you do not understand any of the terms or conditions of any of OfferPost's policies, you may inquire regarding the same via email at help@OfferPostNow.com.

Users from outside the United States

OfferPost and its Service are based in the U.S., and the Company’s offices are headquartered in the U.S. Please be aware that information you provide to OfferPost that it obtains as a result of your use of the Service may be processed and transferred to the U.S. and be subject to U.S. law. The privacy and data protection laws in the U.S. may not be equivalent to such laws in your country of residence. By using the Website, participating in any of the Service, or by providing OfferPost with your information, you consent to this collection, transfer, storage, and processing of information to and in the U.S. OfferPost will take all steps reasonably necessary to ensure that you data is treated securely in accordance with this Privacy Policy.

US-EU and US-Swiss Safe Harbor Framework

OfferPost complies with the US-EU Safe Harbor Framework and the US-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. OfferPost has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view OfferPost’s certification, please visit http://www.export.gov/safeharbor/.

In compliance with the Safe Harbor Principles, OfferPost commits to resolve complaints about your privacy and our collection or use of your personal information. European Union citizens with inquiries or complaints regarding this privacy policy should contact OfferPost at: privacy@OfferPostNow.com or OfferPost Privacy, 9 North Pauahi Street, Honolulu, Hawaii 96817.

OfferPost will review all audit requests submitted in writing or through email for the purpose of determining whether or not its procedures and protocols being used are consistent with the Safe Harbor Framework.  It is OfferPost’s policy to routinely monitor and check its compliance procedures and protocols. Should OfferPost determine inconsistency with any such procedures or protocol, OfferPost will take necessary steps to address and correct the inconsistency. If OfferPost is unable to resolve the conflict with the individual or customer/client filing the complaint, OfferPost, Inc. will comply with the EU Data Protection Authorities (DPAs) to investigate unresolved complaints.  OfferPost will self certify with the Department of Commerce for the purpose of renewing its Safe Harbor Privacy Policy on an annual basis and confirming its continued commitment to the protection and privacy of personal data.

How can I reach OfferPost staff?

If you have technical problems, questions or other issues related to your use of OfferPost, please click the link Contact Us on the home at the bottom of any page of this website. You can also contact us at help@OfferPostNow.com.

OfferPost's staff will respond to all requests sent through mail or email from Users and parents interested in knowing more about what personal information is stored on the OfferPost database, or if they want their personal information nullified, or have additional questions regarding privacy.

Contacting Us

If you have any questions about this privacy statement, the practices of this site, or your dealings with this website, you may contact us at help@OfferPost.com,  808-892-3910, 4348 Waialae Avenue #333, Honolulu, Hawaii 96816.