The platform is intended for users 18+.
Effective Date: September 27, 2025
These Terms of Service constitute a legally binding agreement between you and BJL MARINE GROUP LLC, a Florida limited liability company, doing business as One Stop Experiences (“One Stop Experiences”, “OSE”, “Company”, “we”, “us”, “our”) governing your use of the OSE Platform (as defined below), Company’s website (onestopexp.com or the “Site”) and mobile applications (the “Apps”). The OSE Platform and related services provided by Company, the Site, and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by OSE to you (“You” or “User”) in relation to the services, together are hereinafter collectively referred to as the “OSE Platform.” The term “User” may also refer to any other “User” of the OSE Platform.
Any personal data you submit to the OSE Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available here. You acknowledge that by using the OSE Platform you have reviewed the Privacy Policy. Your use of the OSE Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, the OSE Promise (the “OSE Promise”), and any future amendments and additions to this Agreement (as defined below) as we may publish from time to time. The Privacy Policy and the OSE Promise are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement” or “Terms of Service.”
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND OSE CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 29). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 29) AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE OSE PLATFORM.
Your use of the OSE Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of the terms and conditions in the Terms of Service, the Privacy Policy, and the OSE Promise for that country.
By installing OSE, clicking to accept or agree to these Terms of Service, or by otherwise accessing and using any aspect of the OSE Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with OSE in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the OSE Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the OSE Platform or the Services.
As provided in greater detail in these Terms of Service (and without limiting the express language of these Terms of Service), you acknowledge the following highlights of these Terms of Service include:
OSE may revise and update these Terms of Service from time to time in our sole discretion. Please check these Terms of Service periodically for changes. If a change to these Terms of Service materially modifies your rights or obligations, you will be required to accept the modified Terms of Service to continue to use the OSE Platform. Material modifications are effective upon your acceptance of the modified Terms of Service. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Service will be resolved in accordance with the version of the Terms of Service that was in effect at the time the dispute arose.
For purposes of this Agreement, the services provided by Providers (“Providers”) to their Customers (“Customers”) that are scheduled through the OSE Platform shall be referred to as the “Jobs” or “Services.” Jobs or Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the OSE Platform due to applicable requirements).
Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE OSE PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF OSE. OSE MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. OSE DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. OSE HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, OSE IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER.
OSE is solely a technology platform that enables Users to connect. OSE does not own, lease, operate, control, manage, supervise, endorse, or provide any boats, jet skis, snowmobiles, ATVs, skydiving services, watercraft, equipment, vehicles, excursions, tours, rentals, or other recreational services offered by Providers. All Providers are independent third parties and are not employees, agents, partners, joint venturers, or representatives of OSE.
OSE does not inspect equipment, verify safety conditions, supervise activities, or guarantee the safety, legality, or quality of any experience arranged through the OSE Platform.
OSE does not process, collect, hold, transmit, or facilitate payments between Users for activities or services. All payment arrangements are made directly between Users outside of the OSE Platform. OSE is not responsible for any payment disputes, chargebacks, refunds, cancellations, or financial transactions between Users.
In OSE’s sole discretion, Users may be subject to an extensive vetting process before they can register for and during their use of the OSE Platform, including but not limited to a verification of identity, using third party services as appropriate (“Identity Checks”). Although OSE may perform Identity Checks, OSE is not required to do so and cannot confirm that each User is who they claim to be. OSE cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the OSE Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. OSE will not be liable for any false or misleading statements made by Users of the OSE Platform.
NEITHER OSE NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS “OSE AND AFFILIATES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE OSE PLATFORM AND YOU HEREBY RELEASE OSE AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE OSE PLATFORM.
You represent and warrant that: (1) you are 18 years of age or older (for U.S. based users) or 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 further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service, the OSE Promise, and the Privacy Policy in order to access and use the OSE Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any service or any interaction by or with any User and/or OSE in connection with the OSE Platform without the prior written consent of OSE and/or the relevant User, as applicable. You further represent and warrant that you will fulfill the commitments you make to other Users, including making any payment arrangements directly with other Users outside of the OSE Platform, performing the service(s) agreed upon as between the Providers and Customers, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, and being present and/or available at the time you agree upon with your Provider or User as the case may be. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You warrant that you will not purchase or deliver controlled substances on the OSE platform. You further represent and warrant that when using or accessing the OSE Platform, you will act in accordance with any applicable local, state, provincial, national, or international law or custom and in good faith.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which OSE may reasonably wish to know about in connection with the OSE Platform, including without limitation, if you are using or will or intend to use the OSE Platform for any journalistic, investigative, or unlawful purpose. You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the OSE Platform.
Providers additionally represent and warrant that you will provide timely, high-quality services to your Customers, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely and in accordance with all applicable laws, and that you have the legal right to work in the country in which you are performing services.
Excluded Services deemed ineligible for scheduling or performing through the OSE Platform include, but are not limited to, services that make a User unsafe, services involving the handling of weapons, explosives, or hazardous materials, and/or any service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.
You acknowledge and agree that a legally binding contract (the “Service Agreement”) is formed when you agree on the terms of a service or job with another User. The terms of the Service Agreement include the engagement terms proposed and accepted on the OSE Platform, and any other contractual terms accepted by both the Provider and their Customer to the extent such terms do not conflict with the terms in this Agreement and do not expand OSE’s obligations or restrict OSE’s rights under this Agreement.
You agree that OSE 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 OSE and the Provider (or Assistants (as defined below)), nor will it create an employment relationship between the Customer and the Provider (or Assistants (as defined below)). Payment arrangements (if any) are made directly between Users outside of the OSE Platform, and OSE assumes no responsibility for any payment disputes, chargebacks, refunds, cancellations, or other financial transactions between Users.
Where approved in advance by the Customer, the Provider is not obligated to personally perform the job or service. Before any Jobs or services are performed by any assistants, helpers, subcontractors or other personnel engaged by the Provider (collectively “Assistants”), the Provider shall require any such individuals to become fully registered, oriented and verified Providers on the OSE Platform. A Provider’s failure to comply with this provision by bringing an Assistant who is not a registered Provider could lead to removal from the OSE Platform. The Provider assumes full and sole responsibility for the acts and omissions of such Assistants, including without limitation the payment of all compensation, benefits and expenses of Assistants, if any, and for all required and applicable income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Jobs or services.
While using the OSE Platform, Customers, in their sole discretion, determine whether they will be present or not when a job or service is performed and/or completed. Customers who elect not to be present when a job or service is performed and/or completed agree that if someone other than them (i.e. spouse, roommate, friend, etc.) is present when the job or service is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Provider may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him or herself.
Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a job or service. Both Users 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. OSE reserves the right to suspend or terminate any account, job or service pending the resolution of any dispute.
Users of the OSE Platform contract for Jobs or services directly with other Users. OSE will not be a party to any contracts for Jobs or services and does not process payments between Users.
Providers and Customers are solely responsible for agreeing to and honoring any cancellation, refund, rescheduling, or similar policies between themselves. OSE is not responsible for any payment disputes, chargebacks, refunds, cancellations, or financial transactions between Users.
Users of the OSE Platform will be liable for any taxes required to be paid on the Jobs or services provided under the Agreement.
The OSE Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, 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 materials that are relevant and proper to the applicable forum. For the safety and integrity of the OSE Platform, you should not share your personal contact information with other Users.
Without limitation, while using the OSE Platform, you may not:
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. OSE will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
By installing OSE (or the “App”), you consent to the installation of the App and any updates or upgrades that are released through the OSE Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with OSE’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App at any time.
Company may terminate or limit your right to use the OSE Platform in the event that we are investigating or believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If Company terminates or limits your right to use the OSE Platform pursuant to this Section 14, 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. If Company terminates or limits your right to use the OSE Platform as a Customer due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use the OSE Platform is terminated or limited, this Agreement will remain enforceable against you. Company reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 29 of these Terms of Service.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the OSE Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the OSE Platform. Company has the right to restrict anyone from completing registration as a Provider if Company believes such person may threaten the safety and integrity of the OSE 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 OSE Platform. All parts of this Agreement 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.
You must register with OSE and create an account to use the OSE Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Company for accessing the OSE Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. If you are accessing and using the OSE Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. 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 agree to contact Company immediately.
By providing your mobile phone number and using the OSE Platform, you hereby affirmatively consent to OSE’s use of your mobile phone number for calls and recurring texts, (including with an autodialer and/or prerecorded voice) in order to (a) perform and improve upon the OSE Platform, (b) facilitate the carrying out of Job or services through the OSE Platform, (c) provide you with information and reminders regarding your registration, orientation, upcoming Jobs or services, product alterations, changes and updates, service outages or alterations. These calls and texts may include, among other things, reminders about uncompleted or upcoming Jobs or services and/or in follow up to any push notifications delivered through our mobile application. Company will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt-out of receiving texts messages from us by modifying your account settings on the Site or Apps, texting “STOP” in response to any texts, or by emailing blakesurfallday@gmail.com and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing blakesurfallday@gmail.com and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.
“User Generated Content” is defined as any information and materials you provide to Company, its corporate partners, or other Users in connection with your registration for and use of the OSE Platform, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that OSE is not involved in the creation or development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that OSE has no obligation to monitor, review, or remove User Generated Content, but reserves the right to limit or remove User Generated Content on the OSE Platform at its sole discretion.
You hereby represent and warrant to Company that your User Generated Content (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 on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain pornography (including but not limited to 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; (h) will not represent you being employed or directly engaged by or affiliated with OSE or purport you to act as a representative or agent of OSE; and (i) 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 OSE Platform hosts User Generated Content relating to reviews and ratings of specific Providers (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Company, has not been verified or approved by Company and each Customer should undertake their own research to be satisfied that a specific Provider is the right person for a Job or service. You agree that Company is not responsible or 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 is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
You hereby grant Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyrights, publicity rights, and any other rights you have in your User Generated Content, in any media now known or not currently known in order to perform and improve upon the OSE Platform.
Each Provider who provides to Company any videotape, film, recording, photograph, voice, or all related instrumental, musical, or other sound effects (collectively, “Media”), in exchange for the right to use the OSE Platform, hereby waives any and all moral rights in connection with such Media and irrevocably grants to Company the non-exclusive, fully-paid, royalty-free, transferable, sublicensable, worldwide, unrestricted, and perpetual right to:
Each Provider warrants and represents that they have the lawful authority to grant the rights set out above.
Each Provider hereby waives all rights and releases OSE and Affiliates 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 Provider’s identity, likeness or voice in connection with the OSE Platform.
Each Provider acknowledges that OSE shall not owe any financial or other remuneration for using the recordings provided hereunder by such Provider, either for initial or subsequent transmission or playback, and further acknowledges that OSE is not responsible for any expense or liability incurred as a result of such Provider’s recordings or participation in any recordings, including any loss of such recording data.
The OSE Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Company or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the OSE Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Company does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that OSE is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that OSE has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the OSE Platform at its sole discretion.
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. You access such third-party websites at your own risk. OSE 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 OSE Platform. You hereby agree to hold OSE harmless from any liability that may result from the use of links that may appear on the OSE Platform.
As part of the functionality of the OSE 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 OSE Platform; or (ii) allowing OSE 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 OSE and/or grant OSE 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 OSE to pay any fees or making OSE subject to any usage limitations imposed by such third-party service providers. By granting OSE access to any Third-Party Accounts, you understand that (i) OSE 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 OSE Platform via your account, including without limitation any friend lists, and (ii) OSE may submit and receive additional information to your Third-Party Account to the extent you are notified of this 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. 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 OSE Platform. Please note that if a Third-Party Account or associated service becomes unavailable or OSE’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 OSE Platform. You will have the ability to disable the connection between your account on the OSE Platform and your Third-Party Accounts at any time, as set forth below.
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.
AS SET FORTH IN SECTIONS 4 AND 5, OSE DOES NOT PERFORM JOBS OR SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM JOBS OR SERVICES. EACH USER ASSUMES ALL LIABILITY FOR PROPER CLASSIFICATION OF SUCH USER’S WORKERS BASED ON APPLICABLE LEGAL GUIDELINES. IF A CUSTOMER, YOU INDEMNIFY AND HOLD OSE AND AFFILIATES HARMLESS, AND IF A PROVIDER, YOU FULLY AND FINALLY RELEASE OSE AND AFFILIATES, FROM ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, DEMANDS, DAMAGES, LOSSES, FINES, PENALTIES OR OTHER COSTS OR EXPENSES THAT PROVIDERS OR ASSISTANTS MAY INCUR OR BECOME ENTITLED TO, WHETHER UNDER CONTRACT, COMMON LAW, CIVIL LAW, STATUTE OR OTHERWISE, IN RESPECT OF JOB OR SERVICES OR SERVICE AGREEMENTS OR THE USE OF THE OSE PLATFORM, INCLUDING WITH RESPECT TO MISCLASSIFICATION OF PROVIDERS AND ASSISTANTS AND THE TERMINATION OR CESSATION OF ANY JOB OR SERVICES, SERVICE AGREEMENTS, THIS AGREEMENT OR THE USE OF THE OSE PLATFORM.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Company. Each User acknowledges and agrees that OSE does not, in any way, supervise, scope, direct, control or monitor a Provider’s work, jobs or services performed in any manner. Company does not set a Provider’s work hours or location of work. OSE will not provide any equipment, tools, labor or materials needed for a particular job or service. OSE does not provide any supervision to Users.
The OSE Platform is not an employment agency service or business and OSE is not an employer of any User. As such, OSE is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to applicable sales taxes, unemployment or employment insurance, Canada Pension Plan, social security, disability insurance or any other applicable federal, provincial or state withholdings in connection with a User’s use of the OSE Platform. Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing jobs or services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
This Section 18 in no way limits the generality of Section 24.
Our OSE Promise is that the job or service You request through the OSE Platform will be performed as described in the description of the job or service when You requested it. If You requested a job or service but you believe the job or service was not performed in accordance with the OSE Promise you must report the issue within twenty-four (24) hours of the Service appointment to our Support Center at blakesurfallday@gmail.com and respond to all follow up questions requested of you from the Support Center, and you may be eligible for the OSE Promise Remedies. The "OSE Promise Remedies" are as follows: if we determine that a job or service does not meet the OSE Promise, we will, in our sole discretion, either (a) provide a refund of any applicable OSE fees you actually paid (if any), or (b) provide a credit (if any) or other remedy we make available at that time. The amount of the OSE Promise is limited to any applicable OSE fees you paid. The OSE Promise does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services.
THIS SECTION 19 STATES OSE'S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
This provision applies only to the fullest extent provided by law and otherwise does not affect liability that cannot be excluded or limited under applicable law.
OSE reserves the right in its sole discretion to eliminate the OSE Promise altogether or to modify its terms at any time, effective with or without notice and without any liability to OSE, although OSE will endeavor to post notification of any material changes.
The OSE Promise does not supersede any of the terms set forth in the Terms of Service or the Privacy Policy, including any of the limitations on liability set forth in these Terms of Service. In the unlikely event of a conflict with the OSE Promise, these Terms of Service prevail over any contrary interpretation of the OSE Promise. The OSE Promise is not intended to be any sort of insurance and OSE is not an insurer, as such terms are understood for regulatory purposes.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the OSE Platform is owned by OSE, excluding User Generated Content, which Users hereby grant OSE a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. OSE 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 governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the OSE Platform without OSE’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 OSE and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of OSE, including without limitation OSE and OSE logos, are service marks owned by OSE. Any other trademarks, service marks, logos and/or trade names appearing via the OSE 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.
OSE 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 OSE Platform infringe upon your copyright or other intellectual property right, please send the following information to OSE’s Copyright Agent at: BJL MARINE GROUP LLC, 1881 79TH STREET CAUSEWAY, APT 1107, NORTH BAY VILLAGE, FL 33141, USA or blakesurfallday@gmail.com:
and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
behalf of the owner of the copyright interest.
Repeat Infringers. OSE will promptly terminate without notice the accounts of Users that are determined by OSE to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Generated Content removed from the OSE Platform at least twice.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of OSE 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 using the OSE Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify OSE 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 OSE upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of OSE’s trade secrets, confidential and proprietary information, and all other information and data of OSE 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 data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to OSE or OSE’s business, operations or properties, including information about OSE’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
The OSE Platform is intended solely for individuals who are eighteen years of age or older. By accessing or using the OSE Platform, you represent and warrant that you are at least eighteen years old and legally capable of entering into binding contracts under applicable law. If you are under eighteen years of age, you are not permitted to access or use the OSE Platform.
OSE reserves the right to suspend or terminate any account if it determines, in its sole discretion, that a user does not meet these eligibility requirements.
Use Of The OSE Platform Is Entirely At Your Own Risk
THE OSE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. OSE MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED
THROUGH THE OSE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE OSE PLATFORM AND ASSUMES
NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES,
OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE, OF ANY
NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OSE PLATFORM, (III) ANY ACCESS
TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
OSE does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered
by a third party through the OSE Platform or any hyperlinked website or featured in any banner or other
advertising, and OSE 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. 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, OSE and Affiliates do not warrant that
access to the OSE Platform will be uninterrupted or that the OSE Platform will be error-free; nor do
they make any warranty as to the results that may be obtained from the use of the OSE Platform, or as
to the timeliness, accuracy, reliability, completeness or content of any Job or service, service,
information or materials provided through or in connection with the use of the OSE Platform. OSE and
Affiliates are not responsible for the conduct, whether online or offline, of any User. OSE and
Affiliates do not warrant that the OSE Platform is free from computer viruses, system failures, worms,
trojan horses, or other harmful components or malfunctions, including during hyperlink to or from
third-party websites. OSE and Affiliates cannot and do not guarantee that any personal information
supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Notwithstanding any feature a Customer may use to expedite OSE selection, each Customer is
responsible for determining the Job or service and selecting their Provider and OSE does not warrant
any goods or services purchased by a Customer and does not recommend any particular Provider. OSE
does not provide any warranties or guarantees regarding any Provider’s professional accreditation,
registration or license.
In addition, no individual or entity shall be a third party beneficiary of these terms. These terms are
solely for the benefit of the parties to this Agreement and are not intended to and shall not be
construed to give any person or entity other than you any interest, remedy, claim, liability,
reimbursement, claim of action or any other rights (including, without limitation, any third party
beneficiary rights), with respect to or in connection with any agreement or provision contained herein
or contemplated hereby.
You acknowledge and agree that OSE is only willing to provide the OSE Platform if you agree to certain
limitations of our liability to you and third parties. Therefore, you agree not to hold OSE and
Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses,
governmental obligations, suits, and/or controversies of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual,
consequential, economic, special, or exemplary, including attorneys fees and costs (collectively,
“Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability
to use the OSE 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 OSE and Affiliates and any destruction of
your User Generated Content.
UNDER NO CIRCUMSTANCES WILL OSE AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR
TRANSMITTED BY OSE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR
USE OF OR INABILITY TO USE THE OSE PLATFORM OR THE JOB OR SERVICE SERVICES, EVEN IF ADVISED OF THE
POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.
OSE AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS OSE PLATFORM.
OSE AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY
WORK PERFORMED VIA THE OSE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT OSE AND AFFILIATES OR THEIR
CORPORATE PARTNERS ARE 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, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for
consequential or incidental damages, so certain aspects of the limitations above may not apply to you.
This provision applies only to the fullest extent provided by law and otherwise does not affect
liability that cannot be excluded or limited under applicable law.
You acknowledge and agree that recreational activities, including but not limited to boating, jet
skiing, surfing, snowboarding, ATV riding, skydiving, snorkeling, and other outdoor or water based
activities, involve inherent and significant risks, including the risk of serious bodily injury,
permanent disability, property damage, or death.
By using the OSE Platform to request, arrange, or participate in any activity, you voluntarily and
expressly assume all risks associated with such activities.
If you make a request or arrangement on behalf of any guest, friend, family member, or other
participant, you represent and warrant that:
You agree that you are solely responsible for any individual participating in an activity arranged
through your account.
THE OSE PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. BECAUSE OSE IS NOT A PARTY TO OR OTHERWISE
INVOLVED IN THE ACTUAL CONTRACT BETWEEN USERS OR IN THE COMPLETION OF THE JOB OR SERVICE, IN THE
EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU HEREBY RELEASE OSE AND AFFILIATES AND THEIR
CORPORATE PARTNERS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL,
ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY), EXPENSES, LOSSES, GOVERNMENTAL OBLIGATIONS,
SUITS AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED,
DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY
ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.”
You hereby agree to indemnify, defend, and hold harmless OSE and Affiliates, and their attorneys,
insurers, independent contractors, providers, successors and assigns (the “Indemnified Parties”) from
and against any and all Liabilities incurred in connection with (i) your use or inability to use the
OSE Platform or perform Job or services, or (ii) your breach or violation of this Agreement; (iii)
your violation of any law, or the rights of any User or third party and (iv) any content submitted by
you or using your account to the OSE 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. You also
agree to indemnify the Indemnified Parties for any Liabilities resulting from your use of software
robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you
take that imposes an unreasonable burden or loan on our infrastructure. OSE reserves the right, in
its own sole discretion, to assume the exclusive defense and control at its own expense of any matter
otherwise subject to your indemnification. You will not, in any event, settle any claim or matter
without the prior written consent of OSE.
Without limiting the foregoing, you agree to defend, indemnify, and hold harmless OSE and Affiliates
from and against any and all claims, demands, lawsuits, liabilities, damages, costs, or expenses,
including reasonable attorneys’ fees, arising out of or relating to:
in an activity arranged through your account.
USERS RESIDING IN THE UNITED STATES: PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL
RIGHTS AND GOVERNS HOW YOU AND OSE CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH
LIMITED EXCEPTION, REQUIRE YOU AND OSE TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL
ARBITRATION ON AN INDIVIDUAL BASIS.
Informal Negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim between you and OSE
(each a “Claim” and collectively “Claims”), you and OSE agree to first attempt to negotiate any Claim
(except those Claims expressly excluded below) informally for at least thirty (30) days before
initiating any arbitration. This pre-arbitration negotiation shall be initiated by providing written
notice to the other party—including a brief written statement describing the name, address, and
contact information of the notifying party, the facts giving rise to the Claim, and the relief
requested. You must send such written notice to BJL MARINE GROUP LLC, Attn: Legal, 1881 79TH STREET CAUSEWAY, APT 1107, NORTH BAY VILLAGE, FL 33141.
If necessary to preserve a Claim under any applicable statute of limitations, you or OSE may initiate
arbitration while engaging in the informal negotiations.
During this pre-arbitration negotiation, all offers, promises, conduct and statements, whether oral or
written, made in the course of the negotiation by any of the parties, their agents, employees, and
attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of
liability, in arbitration or other proceeding involving the parties.
After a good faith effort to negotiate, if you or OSE believe a Claim cannot be resolved informally,
the party intending to pursue arbitration agrees to notify the other party via email prior to
initiating the arbitration. In order to initiate arbitration, a claim must be filed with the American
Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must
be provided to the other party, as specified in the Commercial Arbitration Rules (the “AAA Rules”).
Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF
ARBITRATION, YOU AND OSE MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL CLAIMS
BETWEEN YOU (EXCEPT THOSE EXPRESSLY EXCLUDED BELOW) IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO
RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate contained in this Section 29 (“Arbitration Agreement”) is governed by the
Federal Arbitration Act and survives the termination of this Agreement and your relationship with
Company. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof,
the OSE Platform, or the types of claims listed below, shall be settled by arbitration administered by
the American Arbitration Association in accordance with its Commercial (or other) Arbitration Rules,
and judgment on the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof.
Claims covered by this Arbitration Agreement include, but are not limited to, any dispute, claim or
controversy whether based on past, present or future events arising out of or relating to: this
Agreement and prior versions (including the breach, termination, enforcement, interpretation or
validity thereof); the OSE Platform, jobs or services; your relationship with OSE; the threatened or
actual suspension, deactivation or termination of your Account or this Agreement; payments made by you
or any payments made or allegedly owed to you; any city, county, state or federal wage-hour law;
compensation, breaks and rests periods, expense reimbursement, wrongful termination, discrimination,
harassment, retaliation, fraud, defamation, trade secrets, unfair competition, emotional distress; any
promotions or offers made by Company; breach of any express or implied contract or breach of any
express or implied covenant; claims arising under federal or state consumer protection laws; claims
arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair
Credit Reporting Act; and claims arising under the Fair Labor Standards Act, Civil Rights Act of 1964,
Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older
Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act
(except for individual claims for employee benefits under any benefit plan sponsored by Company and
covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state
statutes, if any, addressing the same or similar subject matters; and all other federal and state
statutory and common law claims.
If there is a dispute about the arbitrability of any Claim (including questions about the scope,
applicability, interpretation, validity, and enforceability of this arbitration agreement), you and
OSE agree that this threshold dispute shall be delegated to the arbitrator (not a court) and that the
arbitrator shall have initial authority to resolve such threshold disputes, except as expressly
provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND OSE ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY
TRIAL FOR ALL CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION
AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED,
EXCEPT THOSE CLAIMS AND DISPUTES WHICH BY THE TERMS OF THIS ARBITRATION AGREEMENT ARE EXPRESSLY
EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
Agreement Prohibiting Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and OSE agree that any arbitration will be
limited to the Claim between OSE and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND OSE ARE
EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION
LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”).
Further, unless both you and OSE 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. The arbitrator shall have no authority to consider or resolve any Claim or issue any
relief on any basis other than an individual basis. The arbitrator shall have no authority to
consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding the foregoing, this Class Action Waiver shall not apply to Private Attorney General
Act Claims brought against Company, which are addressed separately below.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules (as
defined below), disputes regarding the scope, applicability, enforceability, revocability or validity
of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by
an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative
action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable
as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a
civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on
an individual basis as to all other Claims to the fullest extent possible.
Representative PAGA Waiver
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to
the fullest extent allowed by law: (1) you and OSE agree not to bring a representative action on
behalf of others under the California Private Attorneys General Act of 2004 (“PAGA”), California Labor
Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private
attorney general basis, including under PAGA, both you and Company agree that any such Claim shall be
resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally
been aggrieved or subject to any violations of law), and that such an action may not be used to
resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to
resolve whether other individuals have been aggrieved or subject to any violations of law)
(collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement,
the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability,
enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a
civil court of competent jurisdiction and not by an arbitrator. If any provision of this
representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the
unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable
provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any
remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and
(iii) any such representative PAGA or other representative private attorneys general act Claims must
be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that
there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court
of competent jurisdiction determines that the Representative PAGA Waiver is unenforceable with respect
to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the
outcome of any individual Claims in arbitration.
Rules and Logistics Governing Arbitration
The arbitration will be commenced and conducted under the AAA Rules in effect at the time the
arbitration is initiated and modified by the terms set forth in this Agreement, 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 or by calling the AAA at 1-800-778-7879.
Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances
of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA
Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise
preside over any form of representative, collective, or class proceeding. You and OSE agree that the
arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and
if the parties cannot agree within thirty (30) days after names of potential arbitrators have been
proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, both you and Company will have the opportunity for reasonable discovery
of non-privileged information that is relevant to the Claim(s). The arbitrator may award any
individualized remedies that would be available in court. The arbitrator may award declaratory or
injunctive relief only in favor of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a
reasoned written statement of the arbitrator’s decision, which shall explain the award given and the
findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will
honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction
thereof.
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) subject to the following modifications:
(i) If Company initiates arbitration under this Arbitration Agreement, Company will pay all AAA filing
and arbitration fees.
(ii) If a Customer or Provider files a Claim for USD $10,000 or less, Company will pay all AAA filing and arbitration fees unless the arbitrator finds the claim (or relief sought) was frivolous or brought for an improper purpose (Federal Rule of Civil Procedure 11(b)).
(iii) If a Customer or Provider files a Claim and the associated claim for damages exceeds USD $10,000,
Company will pay all costs unique to arbitration (as compared to court). The Customer or Provider will
contribute up to an amount equal to the court filing fee in the state where they perform jobs or
services, unless a lower amount is required by law or the AAA Rules. If the arbitrator finds the claim
or relief sought was frivolous or improper, fees will be allocated under the AAA Rules.
(iv) Except as required by law or the AAA Rules, each party shall pay its own attorneys’ fees and any
costs that are not unique to arbitration (i.e., costs each party would incur in court).
(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs (or any
portion thereof) to the prevailing party, to the extent authorized by applicable law or the AAA Rules.
Any arbitration hearing will take place at a location to be agreed upon in Miami-Dade County, Florida,
but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted:
(i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based
telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or
parish) of your billing address. For all Disputes not subject to arbitration, You agree to submit to
the personal and exclusive jurisdiction and venue of the courts located within the Miami-Dade County,
Florida.
Exceptions to Arbitration
The following types of Claims may be, but are not required to be, arbitrated under the Arbitration
Agreement:
individual basis;
including those relating to actual or threatened infringement, misappropriation, or violation of a
party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
to the extent permitted by law; and
Federal Arbitration Act.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or
charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange
Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or
similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to
preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill
the party’s obligation to exhaust administrative remedies before making a claim in arbitration.
However, you knowingly and voluntarily waive the right to seek or recover money damages of any type
pursuant to any administrative complaint and instead may seek such relief only through arbitration
under this Agreement. This Agreement and Arbitration Agreement do not prevent you from participating
in an investigation by a government agency of any report, claim or charge otherwise covered by this
Arbitration Agreement and do not prevent you from receiving an award for information provided to any
government agencies.
Severability
Except as otherwise provided in the severability provisions in the Class Action Waiver and
Representative PAGA Waiver provisions above, in the event that any portion of this Arbitration
Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of
the Arbitration Agreement shall be given full force and effect.
Right to Opt Out of Arbitration Agreement
If you are a Provider, you may opt out of the Arbitration Agreement by notifying Company in writing
within thirty (30) days of your agreement to these Terms of Service. To opt out, you must send a
written notification via certified mail (or some other type of verifiable and trackable
correspondence) to Company at BJL MARINE GROUP LLC, Attn: Legal, 1881 79TH STREET CAUSEWAY, APT 1107, NORTH BAY VILLAGE, FL 33141, 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.
USERS RESIDING IN THE UNITED STATES: Except as provided in Section 29 or expressly provided otherwise,
this Agreement and your use of the OSE Platform will be governed by, and will be construed under, the
laws of the State of Florida, without regard to choice of law principles. This choice of law
provision is only intended to specify the use of Florida law to interpret this Agreement and is not
intended to create any substantive right to non-Floridians to assert claims under California law
whether by statute, common law, or otherwise.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is
intended or created by this Agreement.
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 complete and exclusive agreement between you
and Company with respect to its subject matter, and supersedes and governs any and all prior
agreements or communications. The provisions of this Agreement are intended to be interpreted in a
manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class
Actions and Non-Individualized Relief” in Section 29, in the event any provision is found to be
partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or
restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or,
(2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement
without affecting the validity, legality or enforceability of any of the remaining provisions. 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 32 shall be null and void. This Agreement will inure to the
benefit of Company, its successors and assigns.
Providers alone are responsible for identifying and obtaining any required licenses, permits, or
registrations before offering services and undertaking Job or services. Indeed, certain types of jobs
or services may be prohibited altogether, and it is the responsibility of Providers to avoid such
prohibited jobs or services. Penalties may include fines or other enforcement. If you have questions
about how local laws apply to your job or services on the platform, you can and should first seek
separate legal guidance.
Because OSE does not oversee, monitor or supervise the posting, scoping or performance of Job or
services, Customers must determine for themselves whether a Provider is qualified to perform the
specific Job or service at hand. Customers may wish to consult their state/provincial/territorial or
local requirements to determine whether certain Job or services are required to be performed by a
licensed professional.
Company reserves the right, at its sole and absolute discretion, to change, modify, add to,
supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement
(including the Terms of Service, Privacy Policy, and OSE Promise) and review, improve, modify or
discontinue, temporarily or permanently, the OSE Platform or any content or information through the
OSE Platform at any time, effective with or without prior notice and without any liability to
Company. Company will endeavor to notify you of material 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
OSE Platform. Your continued use of the OSE Platform following any revision to this Agreement
constitutes your complete and irrevocable acceptance of any and all such changes. Company may also
impose limits on certain features or restrict your access to part or all of the OSE Platform without
notice or liability.
None of the terms of this Agreement are enforceable by any persons who are not a party to this
Agreement.
These Terms shall be deemed severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent
permitted by law, and such determination shall not affect the validity and enforceability of any
other remaining provisions.
If you are using our mobile applications on an iOS device, the terms of this Section 37 apply. You
acknowledge that these Terms of Service are between you and OSE only, not with Apple, and Apple is not
responsible for the OSE Platform or its content. Apple has no obligation to furnish any maintenance or
support services with respect to the OSE Platform. If the OSE Platform fails to conform to any
applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the
mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other
warranty obligation with respect to the OSE Platform. Apple is not responsible for addressing any
claim by you or any third party relating to the Service or your possession or use of the OSE Platform,
including: (a) product liability claims; (b) any claim that the OSE Platform fails to conform to any
applicable legal or regulatory requirement; and (c) claims arising under consumer protection or
similar legislation.
Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party
claim that the OSE Platform or your possession and use of the mobile application infringe that third
party's intellectual property rights. You agree to comply with any applicable third-party terms when
using the OSE Platform. Apple and Apple's subsidiaries are third-party beneficiaries of Section 37 of
these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and
will be deemed to have accepted the right) to enforce this Section 37 of these Terms of Service
against you. You hereby represent and warrant that: (i) you are not located in a country that is
subject to a U.S. Government embargo or that has been designated by the U.S. Government as a
"terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited
or restricted parties.
You consent to receive any agreements, notices, disclosures and other communications (collectively,
“Notices”) to which this Agreement refers electronically including without limitation by e-mail or by
posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy
any legal requirement that such communications be in writing. Unless otherwise specified in this
Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly
given when received, if personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day
after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the OSE Platform, please contact us by
email at blakesurfallday@gmail.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE
PRIVACY POLICY AND OSE PROMISE, AND AGREE THAT MY USE OF THE OSE PLATFORM IS AN ACKNOWLEDGMENT OF MY
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.