Terms of Use
Last updated: July 10, 2026
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES WITH US RATHER THAN RESOLVE DISPUTES THROUGH A JUDGE OR JURY TRIAL, OR ANY COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. BY ACCESSING, OR USING THE PLATFORM, YOU HEREBY WAIVE ANY AND ALL RIGHTS TO INITIATE OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT OR REPRESENTATIVE ACTION WITH RESPECT TO ANY DISPUTES OR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. PLEASE READ CAREFULLY. ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER contained herein govern your access to, use of, and participation in the Platform made available by Thumbtack, Inc. or any of its subsidiaries (collectively, "Thumbtack," "we," "our," or "us"). By accessing or using the Platform, you, on behalf of yourself and any entity or other individual you represent (collectively, “You” or “Your”) agree to be bound by these Terms, our PRIVACY POLICY, and any documents, policies or other terms incorporated by reference or linked herein. If You use the Platform on behalf of an entity or other individual, You represent and warrant that You have authority to bind them to these Terms, and to perform and otherwise undertake all Your obligations hereunder. These Terms form a legally binding agreement between You and Thumbtack. If You do not agree with these Terms, do not access or use the Platform. ADDITIONAL POLICIES AND TERMS & CONDITIONS
The Terms incorporate by reference the following policies and terms and conditions:
SMS Terms and Conditions, which describes the provision and delivery of text messages by Thumbtack or its service providers to you; and
Additionally, certain areas of and/or products on the Platform may require You to agree with and accept additional terms and conditions or policies. If there is a conflict between the Terms posted on this page and the terms and conditions or policies posted for a specific area or product, the latter takes precedence with respect to Your use of that area or product.
KEY TERMS
"Collective Content" means User Content and Thumbtack Content together.
"Content" means any information, content and materials, including text, graphics, images, music, software, audio, video, profile information, Pro Services requests, photographs, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Consumer" means a registered User on the Platform, including any individual or agent authorized to use Your Account on Your behalf, who seeks, books, pays for, or receives Pro Services. Consumer may also be referred to as a “customer” on the Platform and in marketing materials.
"Fee" means any amount charged by Thumbtack to a User in connection with the Platform.
“Feedback” means any feedback, comments, questions, or suggestions provided by a User concerning Thumbtack or our services, including our Platform.
"Platform" means all Thumbtack websites, mobile or other applications, software, processes, video consultations, subscription services, and any other services provided by or through Thumbtack.
"Pro Services" means the services listed, quoted, scheduled, offered, fulfilled or provided by Service Professionals, or sought, scheduled, paid for, or received by Consumers, through the Platform.
"Service Professional" means a registered User on the Platform who offers, provides, receives payment for, or facilitates the provision of Pro Services. Service Professionals are often referred to as “pros” on the Platform.
"Thumbtack Content" means all Content Thumbtack makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User" means a person or entity who uses the Platform, completes Thumbtack's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Thumbtack, including but not limited to Service Professionals and Consumers.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User of the Platform, including but not limited to photographs, voice or audio recordings, videos, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Thumbtack Content and Feedback.
The Platform is an online web-and app-based marketplace that enables Service Professionals and Consumers to connect. Thumbtack does not sell or otherwise provide Pro Services. Consumers understand that any such facilitation does not constitute a warranty, guarantee, or endorsement in relation to the Pro Services. Those who choose to access the Platform and Pro Services therein do so of their own initiative and at their own risk and are responsible for compliance with applicable federal, state and other local laws. Service Professionals understand and agree that using the Platform does not guarantee that anyone will engage them for Pro Services. Consumers understand that any Pro Services they solicit and/or pay for using the Platform are solicited directly from the Service Professional providing such Pro Services.
Service Professionals are customers of Thumbtack, and are not Thumbtack employees, contractors, consultants, joint venturers, partners, or agents. Service Professionals provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Thumbtack does not control or direct, and has no right to control or direct, the services a Service Professional provides if the Service Professional is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.
IMPORTANT NOTICE: TO HELP MAINTAIN THE SAFETY AND INTEGRITY OF THE PLATFORM, THUMBTACK MAY OBTAIN REPORTS, INCLUDING CREDENTIAL, BACKGROUND, AND BUSINESS CREDIT CHECKS, ON SERVICE PROFESSIONALS, THROUGH THUMBTACK’S THIRD-PARTY VENDORS, TO THE EXTENT PERMITTED BY LAW. BY OFFERING SERVICES THROUGH THE PLATFORM, YOU AUTHORIZE THUMBTACK AND ITS THIRD-PARTY VENDORS TO USE YOUR INFORMATION TO VERIFY YOUR IDENTITY AND CONDUCT SUCH CHECKS. WE MAY DENY, SUSPEND, OR REMOVE YOUR ACCOUNT OR LISTING BASED ON THE RESULTS OR YOUR FAILURE TO COOPERATE. PLEASE SEE OUR PRIVACY POLICY FOR MORE INFORMATION. ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, You will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (e.g., Facebook or Google) (Your "Third-Party Site Password"). Please note that Your Third-Party Site Password may be subject to such third party's terms and conditions and privacy policy. We do not control any such third party's use of Your Third-Party Site Password or their use of Your information. You agree to provide accurate, current, and complete information during the registration or request submission process, and at all other times when using the Platform. You are solely responsible for (i) safeguarding Your Thumbtack password and, if applicable, Your Third-Party Site Password; and (ii) all activity that occurs on Your Account, even if not authorized by You. You agree to notify Thumbtack immediately of any unauthorized use. You are solely liable for the losses of Thumbtack or others due to any unauthorized use of Your Account related to Your failure to comply with these Terms. Your Account is non-transferable except with Thumbtack's written permission and in accordance with Thumbtack policies and procedures.
Please note that if You provide any personal information to a third party or direct us to share Your personal information with a third party, such third party's use of Your personal information is subject to such third party's terms and conditions and privacy policy. You hereby acknowledge that we are not liable for any such third party's use of Your personal information.
USER ELIGIBILITY
Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law.
Subject to Your compliance with these Terms, Thumbtack grants You a limited, non-exclusive, revocable, non-transferable, non-assignable (except as permitted below), and non-sublicensable license to (i) access and use the Platform, and (ii) access and view any Content, information and materials made available on the Platform, in all cases for Your personal and non-commercial use and only in connection with the intended purpose of the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Content. You may not use the Platform or Content in any way that is unlawful, that violates these Terms, or that harms us or any other person or entity. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained thereon. Any rights not granted by Thumbtack are expressly reserved.
SERVICE PROFESSIONAL REPRESENTATIONS & WARRANTIES
By registering and using the Platform, Service Professionals represent and warrant that they, and the employees, agents, suppliers, contractors, and subcontractors who may perform work for them, (i) are properly and fully qualified and experienced; (ii) are licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their Pro Services and in relation to the specific job they are performing; (iii) will comply and will continue to comply with all applicable laws, including, applicable privacy and marketing laws; (iv) will perform the Pro Service as outlined in their agreement with the Consumer and work to remedy any material deviations from such contract; (v) will perform the Pro Services in a professional, workmanlike manner in accordance with industry standards and in accordance with these Terms; and (vi) will promptly inform Thumbtack of any criminal convictions that occur during the use of the Platform, that involve fraud, theft, violence, sexual misconduct, or any offense related to the nature of services performed on the Platform.
USER CONTENT
We may, in our sole discretion, permit You to post, upload, publish, submit or transmit User Content. You are and remain solely responsible for all Your User Content. To the extent permitted by applicable law, You hereby grant to Thumbtack a worldwide, irrevocable, perpetual, non-exclusive, transferable, assignable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market, or advertise the Platform or Pro Services, or for any other purpose in our sole discretion and in accordance with applicable law, without any approval by, or compensation to, You. The license granted to Thumbtack will survive termination or expiration of these Terms, the Platform, or Your Account.
You hereby represent and warrant that: (i) You have all rights, licenses, consents and releases that are necessary to grant Thumbtack the rights in such User Content, as contemplated herein; (ii) Your User Content will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights (collectively, “IP Rights”), or rights of publicity or privacy, or result in the violation of any applicable law or regulation; and (iii) any User Content depicting the Pro Services you offer through the Platform that could be reasonably perceived by Consumers to represent your actual work product or bona fide completed projects, including without limitation, before-and-after or similar photos, are authentic and not generated using artificial intelligence tools or systems.
Thumbtack reserves the right, at any time and without prior notice, to remove or disable access to User Content that we consider to be in violation of these Terms or otherwise harmful to the Platform or Users, or for any other reason in our sole discretion.
If You believe that any User Content infringes any copyright that You own or control, please see our Copyright & DMCA Policy for more information. NO ENDORSEMENT OR WARRANTY
Thumbtack does not review, vet, endorse, warrant or make any representation (except those expressly and unambiguously made by Thumbtack directly on the Platform) concerning any User, or any Pro Services. No agency, partnership, joint venture, or employment is created as a result of the Terms or any User's or User's use of any part of the Platform, including any scheduling or other services. Although Thumbtack may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations or warranties about, confirm, or endorse any User or their purported identity, background, or contact information, regardless of the specific Thumbtack services they are using or any involvement by Thumbtack personnel in providing or scheduling those services.
Any designations applied to a Service Professional’s account, such as being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "background checked" (or similar language) indicates only that that account has completed a specific process or met certain review standards at a point in time. Any such designations do not constitute an endorsement, warranty, certification or guarantee by Thumbtack, and is not a representation that the Service Professional is licensed, insured, safe or suitable for any particular project. Thumbtack does not conduct background checks on every individual Service Professional that may provide Pro Services. Where a Service Professional profile is associated with a business entity, a background check designation may apply to a particular representative only, and not to every owner, employee, contractor or other individual who may provide Pro Services under that profile.
You are solely responsible for all of Your communications and interactions with other Users (whether on or off the Platform). You understand that Thumbtack does not make any attempt to verify the statements of Users on or made through the Platform. You agree to take reasonable precautions in all communications and interactions with other Users and with other persons with whom You communicate or interact with as a result of Your use of the Platform, particularly if You decide to meet offline or in person and give or receive Pro Services. You should always exercise due diligence and care before hiring any Service Professional. Thumbtack offers a non-exhaustive list of Safety Tips to consider when hiring a Service Professional. Thumbtack explicitly disclaims all liability for any act or omission of any Users, or third parties. Collective Content on the Platform may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Thumbtack. We do not endorse or assume any responsibility for any such links, and if You access them, You do so at Your own risk. By using the Platform, You understand and agree that any legal remedy or liability that You seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against those particular Users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Thumbtack with respect to such actions or omissions.
PROHIBITIONS
As a User of the Platform, You may not, and represent and warrant that You will not engage, or attempt to engage, in any of the following activities, directly or indirectly:
Misrepresentation: Using another person's Account; misrepresenting Your identity, qualifications, Pro Services, projects, or quotes; posting Content in inappropriate categories; or misrepresenting your experience on or use of the Platform;
Unauthorized Scraping: Using automated tools (including robots, spiders, or scrapers, etc.) to access the Platform without Thumbtack's prior written consent, or in any manner, collecting, harvesting, publishing, selling or using personal information for unauthorized purposes, including targeted advertising or commercial solicitation;
Misuse of Information & Content: Copying, misusing, or misappropriating Platform information or Content in any manner for any purpose, including for use on a mirrored, competitive, or third-party site;
Interference & Security Breach: Taking any action that (a) disrupts the Platform's operations; (b) circumvents, disables or interferes with security measures; (c) introduces viruses, harmful code, malware or any other technologies that may harm Thumbtack or our Users; or (d) violates IP Rights or other rights of any third party, including privacy or publicity rights;
Circumvent Payment to Thumbtack: Attempting to circumvent or manipulate Your payment obligations to Thumbtack;
Violate Laws, Regulations & Policies: Violating any applicable laws, regulations, or Thumbtack Policies, including in connection with Your receipt or provision of Pro Services; Fail to Honor Opt-Out Requests: Failing to comply with a User's requests (including, those made on their behalf by Thumbtack) to no longer receive phone calls, text messages, e-mails or any other communications from You;
Recruitment & Solicitation: Recruiting, soliciting, or contacting Users for employment or any other use not specifically intended by the Platform;
Inappropriate or Unlawful Content: Taking any inappropriate or unlawful actions, including submitting, posting, or transmitting Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, discriminatory, or that promotes conduct that would violate any law;
Advertise Unrelated Services: Advertising or soliciting a Pro Service not related to the Platform including, any Pro Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events; (f) competes with Thumbtack; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, spam, pyramid schemes, or unsolicited commercial content, discount cards, credit counseling, surveys or contests, raffles, prizes, or giveaways; or (i) offers a Pro Service not reasonably available in the location advertised;
Undermine Reviews: Undermining the efficacy or integrity of reviews or ratings systems, including exchanging money in return for a review or otherwise facilitating a review that is not accurate or based on a real experience;
Fail to Deliver: Failing to perform Pro Services purchased from You as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such Pro Services (including by refusing to pay);
Double-Charge: Seeking to charge a Consumer for Pro Services when payment has already been, or is scheduled to be, initiated;
Fraudulent Conduct: Engaging in fraudulent conduct, including offering to make money transfers with intent to request a refund or soliciting Users to mail cash or use other payment methods prohibited by Thumbtack;
Mislead: Signing up for, negotiating a price for, using, or otherwise soliciting a Pro Service with no intention of following through with Your use of or payment for the Pro Service;
Account Misuse: Creating more than one Consumer or more than one Service Professional Thumbtack account without our written permission;
Circumvent On-Platform Payment: Circumventing, or seeking to circumvent, payment through the Platform where payment through the Platform is indicated to You as mandatory or is initiated by a Consumer; or
Spam: Sending, posting, or transmitting any unsolicited messages, chain letters, spam, or junk mail using the Platform or information collected therefrom.
THUMBTACK BUDGET, FEES, PAYMENTS AND TAXES
The terms relevant to budgets, fees, payments, and taxes, are set forth in the Budget, Fees, Payments and Taxes Terms, which are incorporated herein by reference, and applies to Your access to and use of the Platform. Except as otherwise expressly described herein or in our Refund Policy, all sales on the Platform and Fees paid by You to Thumbtack are final and non-refundable. MARKETPLACE PAYMENTS
Thumbtack may facilitate payments between Consumers and Service Professionals through a third-party payment processing partner (e.g., Stripe) (“Marketplace Payments”). Thumbtack is not a party to any such Marketplace Payments or any agreement for Pro Services between Users. Unless otherwise indicated, Marketplace Payments may be used only for payment for services. The terms relevant to Marketplace Payments, are set forth in the Marketplace Payments Terms, which are incorporated herein by reference. You may receive certain offers from Thumbtack (“Promotions”), including discounts, credits, or free services. Any Promotions are offered at Thumbtack's discretion, expire in accordance with the stated terms of the particular Promotion, and may be revoked at any time and for any reason. Promotions are not redeemable for cash unless otherwise required by law. Any attempt (to abuse, defraud, or circumvent terms of a Promotion, including providing false information or utilizing multiple User accounts, is grounds for revocation of the Promotion.
You are only eligible for any benefits described in the Promotion if (a) You received a communication directly from Thumbtack or a Thumbtack third-party partner offering You that Promotion, (b) You satisfy all the requirements identified in that communication and such Promotion's applicable terms and conditions; and (c) You maintain an Account in good standing with Thumbtack.
MONITORING COMMUNICATIONS
In order to provide customer support, ensure appropriate charging of Fees and monitor compliance with these Terms, Thumbtack may use a third-party service provider to monitor, record, or transcribe communications between Consumers and Service Professionals that occur off of the Platform but through features and services provided by Thumbtack (e.g., via Thumbtack Messenger, Thumbtack’s masked telephone number feature, or any other means), at all times to the extent permitted by applicable law. We monitor, record, or transcribe these communications for lawful purposes and those purposes set forth in our Privacy Policy. By using the communication features provided by Thumbtack, You consent to Thumbtack's (via a third-party service provider) monitoring, recording, and transcribing, of such communications. DISPUTES BETWEEN OR AMONG USERS
Thumbtack values our Service Professionals and Consumers, and we understand that disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, You agree, at Thumbtack's request, to participate in good faith, to the extent You are reasonably able to do so, in a neutral resolution or mediation conducted by Thumbtack or a neutral third-party mediator or arbitrator selected by Thumbtack. Notwithstanding the foregoing, You acknowledge and agree that Thumbtack is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our sole discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel Your Thumbtack Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur: (a) Your Account will be deactivated or suspended, Your password will be disabled, and You will not be able to access the Platform or Your User Content, or receive assistance from Thumbtack support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that Your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; (c) You will not be entitled to any compensation for Platform services or Pro Services canceled or delayed as a result of Account termination; (d) You will not be entitled to a refund of any Fees; and (e) You will no longer be entitled to redeem any Prepaid Packages or credits received from a Promotion. Notwithstanding the foregoing, Thumbtack may take any action permitted by law for any violation of these Terms or any other policy or agreement between You and Thumbtack.
You may cancel Your use of the Platform and/or terminate Your Account at any time. If Your Account is canceled, we do not have an obligation to delete or return any Content You have posted to the Platform. Please see our Privacy Policy for information regarding data deletion requests. ARBITRATION AND CLASS ACTION WAIVERㅤ
PLEASE READ THIS ENTIRE SECTION CAREFULLY. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES BINDING ARBITRATION OF MOST DISPUTES INSTEAD OF LITIGATION IN COURT. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND INCLUDES A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
You and Thumbtack agree that these Terms affect interstate commerce and that the substantive and procedural law of the Federal Arbitration Act, and not the arbitration laws of any state, shall govern the interpretation and enforcement of these arbitration provisions.
This Section is intended to be interpreted broadly and, except as otherwise provided herein, governs any and all disputes between You and Thumbtack, including but not limited to claims arising out of or relating to any aspect of the relationship between You and Thumbtack, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, or where You have opted out pursuant to the 30-Day Right to Opt Out paragraph as provided below.
By agreeing to these Terms, the parties agree to resolve any and all disputes as follows:
Initial Dispute Resolution & Mediation: Most disputes can be resolved without resort to litigation. You can reach Thumbtack's support department at support@thumbtack.com.
Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Thumbtack support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration. You or Thumbtack must first send a written notice to the other party providing a detailed description of the dispute; Your name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable You or Thumbtack to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the dispute and any claims and (b) the nature and basis of the relief sought (including a calculation of any damages). Your notice must be sent via certified mail to Thumbtack at 415 Natoma Street, Suite 1300, San Francisco, California 94103, ATTN: Legal. Our notice will be sent using the most recent contact information that You have provided to us. For a period of 60 days from the date of receipt of a completed notice from the other party, You and we will work together using reasonable efforts to try to resolve the dispute.
At either party’s request, the parties will personally participate in an individualized telephone settlement conference (and if either party is represented by an attorney, their attorney may also participate) to discuss a potential early resolution of the matter. There is no cost to participate in this process. If the dispute is not resolved within this 60-day period (which can be extended by agreement of the parties), either party may commence confidential binding arbitration consistent with the process set forth below.
Any applicable limitations period (including statutes of limitations) shall be tolled while the parties engage in this informal dispute resolution process. If the sufficiency of a notice or compliance with this informal dispute resolution process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party's election, and further, any arbitration shall be stayed pending resolution of the issue. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration or the assessment or payment of arbitration fees. You or we may also elect to raise non-compliance with this informal dispute resolution process and seek relief in arbitration.
Confidential Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate confidential binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.
Where the relief sought is $10,000.99 or less and the party bringing the claim does not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. Currently, a party may initiate arbitration proceedings on the New Era website. Each party is responsible for its own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise. Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. Without limiting the foregoing exclusions, the parties agree that this agreement contains a class preclusion clause and JAMS Class Action Procedures shall not apply. To initiate an arbitration with JAMS, a party must file a Demand for Arbitration that includes a description of the claim and the amount of damages it seeks to recover (You may find a copy of a Demand for Arbitration at www.jamsadr.com). You must send Your Demand for Arbitration to Thumbtack at 415 Natoma Street, Suite 1300, San Francisco, California 94103, ATTN: Legal, and a courtesy copy to inquiries@thumbtack.com. If You initiate arbitration proceedings, You will be required to pay the applicable JAMS administrative fee applicable to Your filing to initiate an arbitration against us (see the JAMS website for and fee schedule for more information https://www.jamsadr.com/arbitration-fees). The parties agree that JAMS Mass Arbitration Procedures and Guidelines shall apply to 25 or more similar Demands for Arbitrations filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The prevailing party in an arbitration proceeding may be awarded the costs of the arbitration and reasonable attorney fees in an amount determined by the arbitrator. Such an award shall include the costs and reasonable attorney fees incurred in the arbitration proceeding as well as the costs and reasonable attorney fees incurred in preparing for and attending any scheduled mediation. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. Any and all actions taken under this arbitration agreement are confidential and must not be disclosed to any third party.
The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
If You are a resident of the United States, arbitration may take place in the county where You reside at the time of filing. For individuals residing outside the United States, arbitration will be initiated in the state of California, United States. You and Thumbtack further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
Class Action Waiver The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND THUMBTACK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes. This provision shall have no effect on the commitment to use JAMS Mass Arbitration Procedures and Guidelines where appropriate.
Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect Your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
30-Day Right to Opt Out: You have the right to opt out and not be bound by this Arbitration and Class Action Waiver Section. To opt out, You must notify Thumbtack in writing from the email address You use on Thumbtack of Your decision to opt out. Your notice should be sent to opt-out@thumbtack.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT," and include your name, address, email, and a CLEAR statement that you want to opt out of this Arbitration and Class Action Waiver section. The notice must be sent within thirty (30) days of Your first use of the Platform or within 30 days of receiving notice of any modifications to this Terms of Use, as referenced in the MODIFICATIONS section herein; otherwise, You will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt out of these arbitration provisions, Thumbtack will also not be bound by them. Any opt out of this Arbitration and Class Action Waiver section will apply only on a prospective basis and will not affect the validity or enforceability of this section with respect to any claims or disputes arising out of or relating to events occurring before the effective date of Your opt out.
Survival: This Arbitration and Class Action Waiver section will survive any termination or expiration of these Terms, Your Account, or the Platform.
Third-Party Beneficiary: You and Thumbtack acknowledge that the Thumbtack Parties (defined below) and any third-party vendors, service providers, and business partners that Thumbtack uses for billing, sales, marketing, advertising, market research, website management, hosting, ad networks and analytics, fulfillment, data storage, analysis and processing, communication monitoring, identity verifications, background checks, fraud and safety protection and legal services, are an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of those vendors, service providers, and business partners, and may be enforced by them. Accordingly, You agree that any dispute that arises between You and any Thumbtack Parties or Thumbtack vendor, service provider, or business partner, that relates to or arises out of this Agreement or any aspect of Your relationship with Thumbtack will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section will remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between You and Thumbtack through binding arbitration remains enforceable.
DISCLAIMERS
YOUR USE OF THE PLATFORM, PRO SERVICES (OR PROVISION THEREOF), OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THUMBTACK AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “THUMBTACK PARTIES”) EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE PRO SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM. THUMBTACK MAKES NO WARRANTY THAT THE PLATFORM OR PRO SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. THUMBTACK ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. THUMBTACK WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THUMBTACK OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY UNDER APPLICABLE LAW, THEY WILL BE LIMITED TO ONLY THOSE REQUIRED BY LAW, FOR THE SHORTEST DURATION PERMITTED BY APPLICABLE LAW, AND WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
NEITHER THUMBTACK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM OR THUMBTACK CONTENT WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THUMBTACK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, PRO SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING PRO SERVICES OR REQUESTING OR RECEIVING PRO SERVICES THROUGH THE PLATFORM.
IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF THE THUMBTACK PARTIES, FOR ALL CLAIMS AND DAMAGES ARISING FROM OR RELATING TO THE TERMS, PLATFORM, PRO SERVICES, COLLECTIVE CONTENT, OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE GREATER OF THE TOTAL AMOUNT OF FEES ACTUALLY PAID OR PAYABLE TO THUMBTACK BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO WHEN THE CLAIM FIRST AROSE, OR ONE HUNDRED U.S. DOLLARS ($100.00 USD). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, NONE OF THE LIMITATIONS IN THIS SECTION APPLY TO THE THUMBTACK PARTIES’ LIABILITY ARISING OUT OF OR RELATING TO THE THUMBTACK GUARANTEE. THE THUMBTACK PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO ITS OBLIGATIONS UNDER THE THUMBTACK GUARANTEE WILL NOT EXCEED THE CURRENT LIMITATIONS OF THE GUARANTEE AS DEFINED IN THE THUMBTACK GUARANTEE TERMS AND CONDITIONS, AS APPLICABLE.THIS SECTION OF THE TERMS WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS, YOUR ACCOUNT, OR THE PLATFORM. INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold harmless the Thumbtack Parties from and against any claims, fines, penalties, liabilities, damages, losses, and expenses, including reasonable legal and accounting fees, arising out of or in any way connected with (a) Your violation of these Terms; (b) Your User Content or use of the Platform; (c) Your interaction with any User; (d) Your violation of applicable law or Your violation, infringement, or misappropriation of the rights of any third-party, including, any IP Rights, proprietary, privacy or other rights of such party; (e) the request, receipt, offer, or provision of Pro Services by You, including but not limited to any injuries, losses, or damages of any kind arising in connection with such Pro Services; and (f) any actual or alleged fraud, intentional misconduct, gross negligence, or criminal acts committed by You, Your employees, or agents.
Thumbtack reserves the right, at Your own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder. You shall not in any event settle any such matter subject to indemnification by You under this Section of the Terms without the prior written consent of Thumbtack. This section of the Terms will survive any termination or expiration of these Terms, Your Account, or the Platform.
SUBROGATION AND ASSIGNMENT RESTRICTIONS
You agree that Your insurer, subrogee, or assignee, shall be bound by these Terms to the same extent as You, including any applicable liability limitations, disclaimers, dispute resolution, arbitration, and indemnification provisions herein. No insurer, subrogee, or assignee shall have greater rights against Thumbtack than the User from whom such rights are derived. Without limiting the foregoing, any insurer who has paid a claim, in part or in full, on behalf of a User for losses arising out of use of the Platform shall be deemed to have waived any right of subrogation against Thumbtack Parties arising from or related to such claim.
If any insurer or subrogee brings a claim in violation of the above prohibition, such claim shall be subject to binding individual arbitration under the Arbitration and Class Action Waiver, and Thumbtack reserves all rights to seek dismissal, fees, and any other available relief. GOVERNING LAW
The Terms and the relationship between You and Thumbtack are governed by and construed in accordance with the laws of the state of Delaware, without regard to its conflict of law provisions. In interpreting and enforcing the Arbitration and Class Action Waiver, if Delaware law has any substantive or procedural conflict with Federal Arbitration Act, the Federal Arbitration Act shall prevail. You agree that any claim or dispute You may have against Thumbtack that is not subject to arbitration must be resolved by a court located in San Francisco County, California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties; and you hereby agree to submit to the personal jurisdiction and venue of such courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available. This section of the Terms will survive any termination or expiration of these Terms, Your Account, or the Platform. DATA SHARING
“Consumer Personal Information" means information that identifies, relates to, describes, or is reasonably capable of being linked, directly or indirectly, to an identifiable Consumer that Thumbtack discloses to You in connection with a service request. Where Thumbtack matches You to a Consumer at the Consumer's request without that Consumer having selected You specifically, any Consumer Personal Information that Thumbtack discloses to You may be used only for the limited purpose of evaluating, communicating about, and performing that specific service request. You may not sell, share, or disclose that information to any third party, and You may not use it for any purpose other than the specific service request for which it was disclosed. You agree to comply with all applicable data protection laws and to provide the same level of privacy and security protections for Consumer Personal Information as required under applicable law. Thumbtack may take reasonable steps to verify Your compliance with this section. You must notify Thumbtack promptly at dataprivacy@thumbtack.com if you determine You can no longer meet these obligations, and Thumbtack reserves the right to take appropriate steps to stop and remediate any unauthorized use of Consumer Personal Information. By registering as a Service Professional or continuing to use the Thumbtack Platform, You certify that You understand and will comply with the requirements of this section. In the event of any conflict between this section and any other provision of these Terms, this section controls with respect to the handling of Consumer Personal Information.
INTELLECTUAL PROPERTY RIGHTS
Thumbtack Content is protected by IP Rights, and other proprietary and intellectual property rights and the laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Thumbtack and our licensors exclusively own all right, title, and interest in and to the Platform and Thumbtack Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Thumbtack used herein are trademarks or registered trademarks of Thumbtack. No licenses, express or implied, are granted by Thumbtack to You under any IP Rights, trade secret, or other intellectual property right of Thumbtack and all such rights are reserved and retained by Thumbtack. ALL RIGHTS RESERVED.
Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners. Any unauthorized use of the materials appearing on the Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
COPYRIGHT POLICY
We expect Users to respect copyright law. We may, in our sole discretion, suspend or terminate the Account of any User who infringes or is believed to be infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information. Thumbtack may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to You. Service Professionals may compensate Thumbtack to highlight themselves in search results and therefore rank higher. Any such Service Professionals will be clearly designated in applicable search results. Thumbtack may impose certain quality-related standards for Service Professionals to qualify for a search rankings boost, which standards may be enforced and/or changed at any time. Our provision of advertisements, paid content, or other sponsored information does not imply that we monitor or endorse any such product, service, or website being promoted.
LINKS TO THIRD-PARTY WEBSITES
The Platform may provide links to third-party websites for Your convenience only. The inclusion of these links does not imply that Thumbtack monitors or endorses these websites or their respective practices. Thumbtack does not accept any responsibility for such websites. Thumbtack shall not be responsible or liable, directly or indirectly, for any damage or loss, caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third-party websites or linked resources. These Terms and our Privacy Policy do not apply to Your use of any third-party websites, so be sure to review any applicable terms and policies of third-party sites. JURISDICTION
The Platform is intended for users who reside in the United States of America. We make no representations or warranties that the Platform, Collective Content, or Pro Services are valid, appropriate or available for use outside of the United States. If You access and use the Platform outside the United States, You do so at Your own risk. We may limit the availability of the Platform, Collective Content, or Pro Service to any person, geographic area or jurisdiction, at any time at our discretion.
FEEDBACK
If You send us any Feedback, You represent and warrant that You have the right to disclose the Feedback and that Your Feedback does not infringe or violate any third-party rights or include any third-party, confidential or proprietary information. You grant us an irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, transferable, worldwide license to use, disclose, reproduce, modify, prepare derivative works, publish, distribute and otherwise exploit the Feedback for any purpose, without any restriction, attribution, or compensation to You, and without any obligation of confidentiality, and irrevocably waive, and cause to be waived, against Thumbtack and our Users any claims and assertions of any moral rights contained in such Feedback. . This Feedback section will survive any termination or expiration of these Terms, your Account, or the Platform.
MODIFICATIONS
Thumbtack reserves the right to modify these Terms at any time. If we make material changes to the Terms, we will provide notice by sending an email to the address associated with Your account, a communication on the Platform, or by such other method as we may designate, and the changes will become effective 30 days after the notice. For non-material changes, the modified Terms will become effective 30 days after the earliest of (a) the date the modified Terms are posted on the Platform; or (b) the date the notice is sent to You about the changes. If You continue to use the Platform after the modified Terms become effective, You agree to the modified Terms. If You do not agree, You may not access or use the Platform.
Thumbtack may also change, update, improve, supplement, limit, or discontinue any part of the Platform at any time. Thumbtack may also change prices and Fees (if any) for access to or use of the Platform or any component thereof. If we make material changes to the Platform, prices, or Fees, that affect Your use of the Platform, we will provide notice as required by applicable law. We reserve the right to limit the availability of the Platform, Content, or Pro Services offered thereon to any person, geographic area, or jurisdiction, at any time.
GENERAL
Force Majeure: Other than payment obligations, neither Thumbtack nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and not otherwise due to your or our breach of these Terms, fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.
No Third-Party Beneficiaries; Assignment: Except as expressly provided in these Terms, there will be no third-party beneficiaries to these Terms. These Terms are not assignable, transferable, or sublicensable by You without Thumbtack’s prior written consent.
Contacting You and E-SIGN Consent: With Your consent, Thumbtack, Consumers, Service Professionals, or other individuals may also contact You by telephone (including video or audio calls) or through text messages. If You have agreed to receive text messages or telephone calls from Thumbtack, Consumers, Service Professionals, or other individuals You also consent to the use of an electronic record to document Your agreement. You have the right to withdraw Your consent to (i) receive electronic communications at any time, and (ii) use of the electronic record, by sending an email to support@thumbtack.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding Your enrollment in this program, You will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of Your contact information, send an email to support@thumbtack.com with contact information and the address for delivery.
Severability: If any provision of the Terms is deemed invalid or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining portion of the Terms and will not affect the enforceability of the remaining provisions.
Waiver: Thumbtack's delay or failure to enforce a provision under these Terms is not a waiver of our right to enforce the provision later.
Statute of Limitations: To the extent permitted by law, You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform, or the Pro Services offered therein, must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.
Interpretation. In these Terms, the words “including,” “include,” and “includes” are to be read as followed by the words “without limitation.”
Contact Information: If You have any questions about these Terms or the Platform, please contact us by sending an email to support@thumbtack.com. 