Terms of Use

Please read these Terms carefully before using the Website. These Terms govern and apply to all persons who access and use the Website. By accessing or using the J Danielle & Co. Website, you acknowledge that you have read these terms, understand them, and agree to be bound by the Terms described herein, including J Danielle & Co.'s Privacy Policy. If you do not agree to all of these terms and conditions, do not use this SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT.

Definitions

1.     Terms: the J Danielle & Co. Website’s Terms of Use policy.

2.     Website or J Danielle & Co. Website: the J Danielle & Co. domain and the J Danielle & Co. service of J Danielle & Co.

3.     Users: all persons who access and use the J Danielle & Co. Website.

4.     Spam: unwanted email or comments

5.     Service Providers: the home service companies offering services through the J Danielle & Co. Website.

6.     Service Hirers: all Users of the J Danielle & Co. Website that place request for home services and hire Service Providers.

1.     User must be 18 years or older to use J Danielle & Co. Website.

2.     User may never post inappropriate material, including but not limited to, nude, partially nude, or sexually suggestive photos.

3.     Once you have signed up for J Danielle & Co., you may not transfer, share, or otherwise distribute your User log-in information to anyone else.

4.     User cannot access the J Danielle & Co. private API by any other means except J Danielle & Co. Website.

5.     You may not access or try to access non-public areas of the Website from our computer systems, or the technical delivery systems employed by our Website.

6.     You may not use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, crawl, scrape, or otherwise index any portion of the Website or any content from the Website including but not limited to posted items, User profiles, names, addresses, email addresses, and photos

7.     You may not create or submit Spam to any J Danielle & Co. Users.

8.     You may not gather and use information, such as Users’ name, real names or email addresses which are made available through the Website for any purpose outside of these Terms, including but not limited to Spam or any other form of unwanted solicitation.

9.     You may not, in the use of the J Danielle & Co. Website, violate any laws in your jurisdiction.

10.  Violation of this agreement can result in the termination of your J Danielle & Co. User account.

11.  While J Danielle & Co. prohibits certain conduct and content on its site, you understand and agree that J Danielle & Co. is not responsible for the content posted on its web site and you nonetheless may be exposed to such materials and that you use the J Danielle & Co. Website at your own risk.

General Conditions

1.     We reserve the right to force forfeiture of any username that becomes inactive, violates trademark, may mislead other Users, or is otherwise deemed inappropriate by J Danielle & Co.

2.     We may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, defamatory, obscene, otherwise objectionable, violates any party's intellectual property, these Terms, or our Privacy Policy.

3.     The identity and resume of each Service Provider is sent by J Danielle & Co. to the Service Hirers for the sole purpose of evaluating the job seeker for purposes of employment. This information may not be used for any other purpose or provided to a third party. Likewise the Service Hirers contact information is sent by J Danielle & Co. to the Service Provider solely for the purposes of employment. This information may not be used for any other purpose or provided to a third party.

4.     We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.

5.     Use of the J Danielle & Co. Website is limited to the United States of America. All Users of this Website agree to operate this Website only in the United States of America

Proprietary Rights in Content on the J Danielle & Co. Website

1.     J Danielle & Co. does NOT claim ANY ownership rights in the text, files, images, photos, works of authorship, applications, or any other content that you post on or through the J Danielle & Co. Website. By displaying or publishing any content on or through the J Danielle & Co. Website, you hereby grant to J Danielle & Co. a non-exclusive, fully paid and royalty-free, worldwide, sub-licensable and transferable license to use, modify, publicly perform, publicly display, reproduce and distribute such content, including without limitation distributing part or all of the content in any media formats through any media channels now known or hereafter invented.

2.     Some of the J Danielle & Co. Website may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that J Danielle & Co. may place such advertising and promotions on the J Danielle & Co. Website or on, about, or in conjunction with your content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you.

3.     You represent and warrant that: (i) you own the content displayed by you on or through the J Danielle & Co. Website or otherwise have the right to grant the license set forth in this section, (ii) the  use of your content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) displaying  your content on the Website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of content you post on or through the Website within the indemnification section below.

4.     J Danielle & Co. owns and retains all rights in the  J Danielle & Co. Website. J Danielle & Co. hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the J Danielle & Co. Website (excluding any software code) solely for your personal use in connection with viewing postings and using the J Danielle & Co. Website.

5.     The J Danielle & Co. Website contains content of Users and other J Danielle & Co. licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any content appearing on or through the Website.

6.     J Danielle & Co. performs technical functions necessary to offer the J Danielle & Co. services, including but not limited to transcoding and/or reformatting content to allow its use throughout the J Danielle & Co. Website.

Notice of Take down Procedures for Copyright Complaints

It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to J Danielle & Co. as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all Users of any part of the J Danielle & Co. Website will comply with applicable copyright laws. However, if J Danielle & Co. receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction.

If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Sections 512(g)(2) and (3) of the DMCA. J Danielle & Co. may also document notices of alleged infringement on which we act.

Designated Agent

J Danielle & Co. Designated Agent to receive notification of alleged infringement under the DMCA is:

Jamie Danielle, PO Box 5005 #36 Rancho Santa Fe, Ca. 92067

Upon receipt of proper notification of claimed infringement, J Danielle & Co, will follow the procedures outlined herein and in the DMCA.

Infringement Notification

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide J Danielle & Co.'s Registered Agent (listed above) the following information in a written communication (preferably via email):

1.     Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

2.     Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit J Danielle & Co. to locate the material;

3.     Information reasonably sufficient to permit J Danielle & Co. to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

4.     The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";

5.     The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and

6.     A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that you may be liable for damages (including costs and attorneys' fees) if you misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney

Counter Notification

A provider of content subject to a claim of infringement may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide J Danielle & Co.’s Registered Agent (listed above) the following information in a written communication (preferably via email):

1.     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

2.     Your name, address, and telephone number;

3.     The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";

4.     The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";

5.     The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and

6.     Your signature, in physical or electronic form.

Upon receipt of such counter notification, J Danielle & Co. will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that J Danielle & Co. will replace the removed material or cease disabling access to it in 10 business days. J Danielle & Co. will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers

In accordance with Section 512(i)(1)(a) of the DMCA, J Danielle & Co. will, in appropriate circumstances, disable and/or terminate the accounts of Users who are repeat infringers.

Accommodation of Standard Technical Measures

It is J Danielle & Co.'s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that J Danielle & Co. determines are reasonable under the circumstances.

Additional Terms Applicable to J Danielle & Co. Website as Offered by Specific Partners

The following additional Terms apply to the use of LinkedIn to access and display resume information on the Website. If you choose to provide your information through LinkedIn:

1.     If a user has not paid for or logged in to the J Danielle & Co. service then only the Service Provider’s first name, photograph and last initial are available for other User’s to view. If a User has logged in to their Estate Housekeepers account and paid for the J Danielle & Co. service then Service Provider’s LinkedIn user’s name, profile picture, and professional information will be displayed on the Website. Professional information includes but is not limited to educational experience and previous employment (as listed on the LinkedIn account). However, professional information will not include the LinkedIn account’s contact list. This information will be shared in accordance with the process describe above and in accordance with the Privacy Policy (provide link)

2.     The Website has no obligation to furnish any maintenance and support services with respect to LinkedIn.

3.     In the event of any failure with LinkedIn, you should notify LinkedIn. J Danielle & Co.will have no other obligations whatsoever with respect to LinkedIn. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be their responsibility.

4.     The J Danielle & Co. Website is not responsible for addressing any claims you have relating to LinkedIn or your use of LinkedIn including, but not limited to: (i) service liability claims; (ii) any claim that LinkedIn fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

5.     You must also comply with any applicable terms of use provided by LinkedIn when using the Website.

The following additional Terms apply to Stripe and PayPal (“Payment Systems”) in conjunction with the use of J Danielle & Co. Website. In the event that you have made a payment through Stripe and PayPal, you agree that,

1.     Estate Housekeepers has no obligation to furnish any maintenance and support services with respect to Stripe and PayPal (“Payment Systems”)

2.     In the event of any failure of the Stripe or PayPal to conform to any applicable warranty, you may notify the Payment System provider, and address any discrepancies in payments with them.  J Danielle & Co. will have no other warranty obligation whatsoever with respect to the Payment System provider. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Payment System provider’s responsibility.

3.     The J Danielle & Co. Website is not responsible for addressing any claims you have relating to the Payment Systems or your possession and use of the Payment Systems including, but not limited to: (i) service liability claims; (ii) any claim that the Payment System fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

4.     You must also comply with any applicable terms of use provided by the Payment Systems when using the J Danielle & Co. Website.

In the event that you have schedule an interview with representative for J Danielle & Co. Website using the Google Calendar software, you agree that,

1.     J Danielle & Co. has no obligation to furnish any maintenance and support services with respect to any Google product, including Google Calendar.

2.     Any malfunctions with Google Calendars should be addressed with Google, and such software is not guaranteed by this agreement.

3.     J Danielle & Co. is not responsible for addressing any claims you have relating to Google or your use of Google and Google Calendar but not limited to: (1) service liability claims; (2) any claim that the Website fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.

4.     You must comply with any applicable terms of use provided by Google when using the Website in conjunction with Google Calendar.

Cancellation of Service

All payments must be made through Stripe and PayPal services. However, J Danielle & Co. is not liable for any lost fees, costs or other expenses caused by Service Provider or User cancellation made after booking service through the Website.

Indemnification

You agree to indemnify and hold J Danielle & Co. harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to: (i) your use or misuse of, or access to, the Website,(ii) a violation of the Terms, any applicable law or regulation, or the rights of any third party, by any person using your account or your content;(iii) interaction with any Users, transfer of any item or service, or creation of an item or service post.

Liability for any given item or service offered by you includes, but is not limited to, any injuries, losses, or damages of any kind arising in connection with or as a result of a request for or use of an item or service.

J Danielle & Co. retains the right to employ J Danielle & Co.’s own counsel. You remain solely responsible for J Danielle & Co.’s defense and must obtain J Danielle & Co.’s written consent to a settlement. You agree to notify J Danielle & Co. of a pending suit claiming you have violated a third party’s intellectual property or other rights. J Danielle & Co. requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of these Terms.

Ownership

J Danielle & Co. and the J Danielle & Co. Website are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and to the Website, including all associated intellectual property rights. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Website is given voluntarily and, even if designated as confidential, will not create any confidentiality obligation for us and we will be free to use, disclose, reproduce, license, distribute, and otherwise exploit as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.

Modification

J Danielle & Co. reserves the right, at its sole discretion, to modify or replace any of these Terms on the J Danielle & Co. Website by sending you notice through the Website by push notification or email. J Danielle & Co. may also impose limits on certain features and services or restrict access to part or the entire Website without notice or liability. You may not opt out of these notifications, and your continued use of the Website following the posting of any changes to these Terms constitutes acceptance of those changes.

Termination

J Danielle & Co. may terminate, change, suspend, or discontinue the Website (including without limitation, the availability of any feature, database, or content) or your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of the Website and related content.

General Disclaimer

You understand and agree that the Website is provided to you "AS IS" and on an "AS AVAILABLE" basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the J Danielle & Co. Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Specific Disclaimer for Service Hirers

J Danielle & Co. only serves as a referral service for Service Hirers and Service Providers. We do not employ any of the home services companies offered to all Users of the J Danielle & Co. Website. Service Hirers are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable payroll, tax and minimum wage laws).

You assert that all information provided to J Danielle & Co. and displayed on J Danielle & Co. Website is 100% truthful and accurate. You assert that you have no criminal record or currently there are no criminal charges pending against you. If any of these promises are found to be false or misleading then J Danielle & Co. has discretion to remove your account and all information from the J Danielle & Co. Website.

You understand and agree that as the Service Hirer, the Website and the home services provided to you are in no way guaranteed by J Danielle & Co. We do not endorse, promote, sponsor, or guarantee the quality of any Service Providers booked through the J Danielle & Co. Website. We only provide information and tools to help Service Hirers and Service Providers connect and make informed decisions. You are solely responsible for selecting an appropriate Service Provider for yourself and for complying with all applicable laws in connection with any employment relationship you establish.

Any issues Service Hirer has regarding the performance of contractual obligations, warranties, or guarantees should be addressed with Service Provider hired to perform requested service. J Danielle & Co. is not responsible for any liabilities, including non-performance, losses, damages, negligence, or expenses of either party as a result of using the Estate Housekeepers Website.

Specific Disclaimer for Service Provider

You assert that all information provided to J Danielle & Co. and displayed on the J Danielle & Co. Website regarding your services is 100% truthful and accurate. You assert that YOU ARE LEGALLY ALLOWED TO WORK IN THE UNITED STATES OF AMERICA, have no criminal record or pending criminal charges against you. If any of these promises are found to be false or misleading then J Danielle & Co. has the discretion to remove your account and all information from the J Danielle & Co. Website.

You understand and agree that as the Service Provider, the business received from Service Hirers is in no way guaranteed by J Danielle & Co.  By making your services available through the J Danielle & Co. Website you accept full responsibility for your performances, and any guarantees made from you to Service Hirer are in no way sponsored or endorsed or connected with J Danielle & Co. J Danielle & Co. is in no way liable for cases of non-payment by Service Hirer and any disputes arising with Service Hirer should be addressed with Service Hirer. J Danielle & Co. is not responsible for any liabilities, including non-performance, losses, damages, negligence, or expenses of either party as a result of using J Danielle & Co.

Limitation of Liability

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY IN NO EVENT WILL IT EXCEED $50. WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE  AND/OR THE SERVICE;(ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE; (iii)ANY CONTENT OBTAINED FROM THE SERVICE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY OR; (iv) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION ON THE WEBSITE OR IN PERSON WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, J Danielle & Co.’s liability will be limited to the fullest extent permitted by applicable law.

Mediation

For any dispute you have with J Danielle & Co. you agree to first contact J Danielle & CO. and attempt to resolve the dispute with us informally. In the unlikely event that J Danielle & Co. has not been able to resolve a dispute within 30 days, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof by binding mediation. Unless you and J Danielle & Co. decide otherwise, mediation will be conducted in San Diego County, California. If your claim is for US $10,000 or less, J Danielle & Co. agrees that you may choose whether the mediation will be conducted solely on the basis of documents submitted to the mediator, through telephone, or by an in-person hearing as established by the mediation guidelines. Each party will be responsible for paying their own legal costs and fees for mediation. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to intellectual property rights or unauthorized access to the Service. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND J Danielle & Co. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Governing Law

These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules, or principles.

Severability

No part of this agreement shall cease to be in effect if any other part is deemed unenforceable, or otherwise non-applicable.

Other Terms

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Questions & Contact Information

Please contact us if you have any questions about our Terms.

Alternatively, J Danielle & Co. can be contacted at:

PO Box 5005 #36 Rancho Santa Fe, Ca. 92067

Effective: Jan 1, 2015

Give us a call today to discuss your domestic staffing needs 858.225.8198