Terms of Use

Introduction

Moonrise offers a variety of services that connects folks that want to make extra cash with Clients on a shift by shift basis. Moonrise receives a fee from Clients for providing these services. Unless explicitly stated otherwise, any new feature that augments or enhances the current service, including the release/upgrade of new Moonrise properties, shall be subject to these Terms of Use.

Terms of Use

1. By using or visiting the Moonrise website, or using any of the Moonrise products, software, information or services provided to you on, from, or through the Moonrise.works website (collectively, the “Service") you signify your agreement to (1) these Terms of Use and (2) Moonrise's Privacy Policy, found at https://moonrise.works/privacy. If you do not agree to any of these terms or the Privacy Policy, please do not use the Service. You agree to be bound by these Terms of Use whether you are an individual looking for work whether registered with Moonrise or not, (collectively a “Moonriser"). The term “you" or “User" refers to a Moonriser. The term “we" refers to Moonrise.

2. We reserve the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

Eligibility

3. You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into, and abide by these Terms of Use. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited.

Privacy and your Personal Information

4. For information about Moonrise's privacy and data protection practices, please read Moonrise's Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Moonrise treats your personal information when you access the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

5. The Children's Online Privacy Protection Act (“COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at legal@moonrise.works.

Moonrisers

6. Moonrisers sign up for the Service through filling out an online sign up form located at moonrise.works. If the information a Moonriser submits in the sign up process is determined by Moonrise to meet Moonrise's requirements, Moonrise will attempt to contact the Moonriser to set up a phone interview, which may ultimately lead to employment by Moonrise.

Disputes

7. If there is a dispute between a Moonriser and a Client, or between a Moonriser and Moonrise, the Moonriser should contact Moonrise at support@moonrise.works.

Use of the Service

8. Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use our Service for lawful purposes.

9. Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service or other actions that Moonrise, in its sole discretion, may elect to take. Moonrise cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Moonrise cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings.

10. You agree that Moonrise may use your feedback, suggestions, or ideas in any way, including in future modifications of the Service, other products or services, advertising or marketing materials. You grant Moonrise a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty free license to use the feedback you provide to Moonrise in any way.

11. You represent, warrant, and agree that you will not use the Services or interact with the Services in a manner that:

  1. infringes or violates the intellectual property rights or any other rights of anyone else (including Moonrise);
  2. violates any law or regulation;
  3. is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
  4. jeopardizes the security of your Moonrise account or anyone else's (such as allowing someone else to log in to the Services as you);
  5. attempts, in any manner, to obtain the password, account, or other security information from any other user;
  6. violates the security of any computer network, or cracks any passwords or security encryption codes;
  7. runs Maillist, Listserv, any form of auto-responder or “spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure);
  8. “crawls," “scrapes," or “spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
  9. copies or stores any significant portion of the Content; or
  10. decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

12. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

License and Restrictions

13. Subject to your compliance with these Terms of Use, and in consideration of your promises reflected in these Terms of Use, Moonrise grants to you a limited license to make personal use of the Service. This license expressly excludes, without limitation, any resale or modification of the Service or any portion thereof and making any derivative works based upon or distributing or copying the Service, except as expressly permitted in these Terms of Use. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Moonrise or our affiliates without our express written consent. You may not use any meta tags or any other “hidden text" utilizing the name or trademarks of Moonrise or our affiliates without the express written consent of us. Any unauthorized use terminates the permission or license granted by Moonrise in this paragraph.

14. You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to:

  1. store, copy, modify, or distribute any of the content made available on the Service;
  2. compile or collect any content available on the Service as part of a database or other work;
  3. use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service;
  4. frame or otherwise incorporate the Service or any portion of the Service as part of another website or service;
  5. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third-party advertising);
  6. circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service;
  7. use the Service in a manner that threatens the integrity, performance, or availability of the Service;
  8. remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service; or
  9. include any personal or identifying information about another without that person's explicit consent.

15. You are prohibited from falsely stating or otherwise misrepresenting your affiliation with any person or entity. You are prohibited from using any information obtained via the Service for any purpose other than use of the Service without the express written permission of Moonrise. We reserve the right to delete accounts associated with domains owned or operated by our competitors.

Online and Mobile Alerts

16. Accurate records enable Moonrise to provide the Service to you. In order for the Service to function effectively, you must also keep your mobile phone number and email address provided to Moonrise up to date and accurate (“Contact Information"). If you do not do this, the accuracy and effectiveness of the Service to you will be affected. To update your Contact Information, please contact Moonrise at support@moonrise.works.

17. By providing us with your Contact Information, you agree to receive all required notices electronically, to that e-mail address and/or mobile phone number. Notices will be provided in the text of the e-mail or text message or through a link to the appropriate page on our site, accessible through any standard modern, commercially available internet browser.

18. Information sent to You by Moonrise is not encrypted. Anyone with access to your email or mobile device may be able to view the content of these notices.

19. You understand and agree that any notices provided to You through the Service may be delayed or prevented by a variety of factors. Moonrise does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that Moonrise shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

20. The contents of the Service, including its “look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to Moonrise or its software or content suppliers. Moonrise grants you the right to view and use the Service subject to these terms. You may download or print a copy of information provided in the Service for your personal or internal use only. Any distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimer of Representations and Warranties

21. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICE OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS" AND “AS AVAILABLE" BASIS. MOONRISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

22. MOONRISE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SERVICE OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. MOONRISE MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limitations on Moonrise's Liability

23. MOONRISE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF MOONRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, MOONRISE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

Your Indemnification of Moonrise

24. You shall defend, indemnify and hold harmless Moonrise and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of these Terms of Use by you.

Supplementation by Employment Agreement

25. If the You meet all of the qualifications determined by Moonrise, it is sole discretion, Moonrise may employ you as a registered Moonriser. These Terms of Use will continue to apply until supplemented by an Employment Agreement with Moonrise.

ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

ARBITRATION. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF ILLINOIS. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms of Use must be filed within one (1) year after such claim of action arose or be forever banned.

28. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

Governing Law

29. These Terms of Use, and your relationship with Moonrise under these Terms of Use, shall be governed by the laws of the State of Illinois in the United States of America without regard to its conflict or choice of laws provisions.

Miscellaneous

30. If any portion of these Terms of Use is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, these Terms of Use as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of these Terms of Use that is unlawful, void or unenforceable shall be stricken from these Terms of Use.

31. You agree that if Moonrise does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Moonrise has the benefit of under any applicable law), this will not be taken to be a formal waiver of Moonrise's rights and that those rights or remedies will still be available to Moonrise.

32. All covenants, agreements, representations and warranties made in these Terms of Use shall survive your acceptance of these Terms of Use and the termination of these Terms of Use.

Moonrise is owned and operated by Moonrise, Inc.