Terms of Service
Thebacon.com (“The Bacon”) may contain links to other websites. Please be aware that we are not responsible for the practices, privacy policies, or the content of such third-party websites. The ability to access information of third-parties from The Bacon, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations, or their content. By using The Bacon you expressly relieve us from any and all liability arising from your use of any third party website.
You are welcome to use The Bacon only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of The Bacon in any medium without The Bacon’s prior written authorization except as permitted through The Bacon’s functionality and under these Terms of Service; (4) Do not change any part of The Bacon other than in ways that may be reasonably necessary for you to use The Bacon for its intended purposes; (5) Provide accurate and complete information when creating an account; (6) Acknowledge that you are solely responsible for the activity that occurs while signed in to or while using The Bacon; (7) Don’t collect any personally identifiable information, including full names, physical addresses or e-mail addresses, for commercial purposes; (8) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content; (9) Affirm that you own or have the necessary licenses, rights, permissions, and consent to conduct business and authorize The Bacon to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all submissions to enable inclusion and use of the submissions across The Bacon; (10) Grant each The Bacon user, whether using The Bacon or an application developed via a third-party developer, a non-exclusive license to access your submissions through The Bacon and to use, reproduce, distribute, prepare derivative works of, display and perform such submissions as permitted through The Bacon’s functionality and under these Terms of Service; (11) Will not submit material that is copyrighted or subject to third party proprietary rights, including privacy, trademark, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such materials to The Bacon; and (12) Affirm we have the right to determine whether any of your submissions are appropriate and complies with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice; (13) Will not use The Bacon for illegal, deceptive, or otherwise inappropriate purposes; (14) Agree that The Bacon bears no responsibility, financial or otherwise, for your experience and is not responsible for payment made or received, or for your satisfaction with any customer or business, or for any aspect of any jobs or services located, provided, or purchased via The Bacon; (15) The Bacon has the right to change, alter, or close the website entirely at any time and bears no responsibility for any information, data, or material losses, disadvantages, or changes proceeding from any alteration or closing of the website.
You can reach out to us with questions or concerns anytime by sending us an email at email@example.com.
You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement, in whole or in part, to any third party without our prior, written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You are an independent contractor and as such, The Bacon is not responsible for any aspect of your business, including but not limited to: incorporation, structure, hiring, employment, provision of services, trademarks, copyright, advertising, naming, licensure, insurance, bonding, contracts between businesses and customers, registration, liability, payroll, or any other component, or any resulting consequence. Businesses acknowledge that they are solely responsible for their own operation and all functions and aspects therewith. The Bacon will not give legal advice.
These Terms of Service shall be governed by the internal substantive laws of the State of Delaware. Any claim or dispute between you and Earnest Endeavors LLC (DBA The Bacon), that arises in whole or in part from The Bacon shall be decided exclusively by a court of competent jurisdiction located in Delaware.
You are legally able to accept these Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. And as stated in the first point of Section 3, you affirm that you are able to form a binding contract in your jurisdiction. If you aren’t, you must please leave The Bacon.
Last Updated: February, 2016
You agree that your use of The Bacon shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, EARNEST ENDEAVORS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF AND ACCESS IS PROVIDED ON AN “AS IS” BASIS. THE BACON AND EARNEST ENDEAVORS LLC MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BACON. THE BACON DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BACON OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE BACON 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.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. IN NO EVENT SHALL THE BACON, EARNEST ENDEAVORS LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, DEATH, OR PROPERTY LOSS OR DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE BACON, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE BACON BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE BACON, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE BACON AND EARNEST ENDEAVORS LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Bacon is controlled and offered by Earnest Endeavors LLC from its facilities in the United States of America and we make no representations that The Bacon is appropriate or available for use in other locations. Those who access or use The Bacon from other jurisdictions do so at their own volition and are responsible for compliance with local law. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY PARTNERS OR FOR ANY INFORMATION APPEARING ON PARTNER SITES OR ANY OTHER SITE LINKED TO OUR SITE. IN NO EVENT WILL THE BACON AND EARNEST ENDEAVORS LLC BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY CANDIDATE.
You indemnify The Bacon and Earnest Endeavors LLC. You agree to defend, indemnify and hold harmless The Bacon, Earnest Endeavors LLC, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to The Bacon; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of The Bacon.
The Bacon reserves the right, but has no obligation, to monitor, or take any action The Bacon deems appropriate regarding disputes that you may have with other users of ours. To the extent the law permits, you release us from any claims or liability related to any content posted on The Bacon and from claims related to the conduct of any other users of ours. You hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT THE BACON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT IS TO DISCONTINUE USING THE SITE AND SERVICES. IN THE EVENT THAT A COURT DETERMINES THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, THE AGGREGATE LIABILITY OF THE BACON TO YOU FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) ALL AMOUNTS PAID BY YOU UNDER THIS AGREEMENT WITHIN THE LAST TWELVE (12) MONTHS, AND (B) ONE HUNDRED DOLLARS (U.S. $100.00).
The Bacon acts as a marketplace that allows users who comply with The Bacon’s policies to communicate, offer, sell, and buy certain services. Earnest Endeavors LLC and The Bacon are not directly involved in the transaction between customers and businesses. As a result, Earnest Endeavors LLC and The Bacon have no control over the quality, safety, morality or legality of any aspect of the services offered, the truth or accuracy of the offerings, the ability of businesses to provide services or the ability of customers to pay for services. Earnest Endeavors LLC and The Bacon do not endorse any service provider or purchaser. Earnest Endeavors LLC and The Bacon do not pre-screen users or the content or information provided by users. Earnest Endeavors LLC and The Bacon cannot ensure that a customer or business will actually complete a transaction.
Earnest Endeavors LLC and The Bacon cannot make guarantees about any business or user including but not limited to quality, identity, age, or nationality. Earnest Endeavors LLC and The Bacon encourages you to communicate directly with potential transaction partners through the marketplaces available on the website.
You agree that The Bacon is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, services, and links posted by you, other users, or outside parties on The Bacon. You use the The Bacon service at your own risk.
The Bacon’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. The Bacon may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use The Bacon’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this and all cases, the adult is the user and is responsible for any and all activities.
You agree to comply with all local and national laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by The Bacon’s policies as stated in the Agreement and The Bacon’s policies as made available throughout the site (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by The Bacon.
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by The Bacon from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Accounts: You must keep your account information up-to-date and accurate at all times, including a valid email address. To provide services or purchase on The Bacon you must provide and maintain a valid credit card and/or valid banking information for direct deposit and debit as it may apply to your usership requirements.
You may not transfer or sell your The Bacon account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: The Bacon’s services are not available to temporarily or indefinitely suspended The Bacon members. Earnest Endeavors LLC and The Bacon reserve the right, in their sole discretion, to cancel unconfirmed or inactive accounts. Earnest Endeavors LLC and The Bacon reserve the right to refuse service to anyone, for any reason, at any time.
Profile: By listing your Business on The Bacon you warrant that you, your business, and all aspects of the services you offer comply with The Bacon’s published policies. You also warrant that you may legally provide the services and that you and your business are not in violation of any state, local, federal, copyright, trademark, or any other laws and regulations. You warrant that your business is a legal entity organized under and in compliance with state, local, and federal laws. You must accurately describe your services and all terms of sale in your Profile. Your listings may only include text descriptions, graphics, video, sound, pictures and other content relevant to the sale of that service.
Binding Sale: All sales are binding. The business is obligated to complete the transaction with the customer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the customer fails to complete the transaction, or (b) the business cannot authenticate the customer’s identity. The customer is obligated to deliver appropriate payment for services purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price agreed upon must be an accurate representation of the sale. Businesses may charge reasonable shipping and handling fees to cover the costs for packaging and mailing if applicable. Businesses may not charge excessive shipping fees or otherwise avoid fees. You may not alter the service’s price after a sale or charge a price that is unreasonably below fair market value for the purpose of avoiding The Bacon transaction fees, misrepresent the service’s location, or use another user’s account without permission. Businesses may not accept payment for work arranged via The Bacon, outside of the website in avoidance of transaction fees.
Fee Changes: You understand that The Bacon may change its prices and fees at any time. If The Bacon makes a material change to pricing and fee structure The Bacon will notify you by email, by means of a notice on our homepage, or other places The Bacon deems appropriate. What constitutes a “material change” will be determined at The Bacon’s sole discretion, in good faith, and using common sense and reasonable judgment.
Sales Tax: You understand that The Bacon is not responsible for collecting sales tax on behalf of its users. Businesses and customers are solely responsible for assessing and charging applicable taxes for services performed.
You are solely responsible for your conduct and activities on and regarding The Bacon and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, services, and links (together, “Content”) that you submit, post, and display on The Bacon.
Restricted Activities: Your Content and your use of The Bacon shall not:
- Be false, inaccurate, or misleading
- Be fraudulent or involve the sale or promotion of illegal, counterfeit or stolen goods or services
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
- Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Bacon staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography or any pornography of any nature
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images or media not relevant to your business or service
- Modify, adapt or hack The Bacon or modify another website so as to falsely imply that it is associated with The Bacon;
- Appear to create liability for The Bacon or cause The Bacon to lose (in whole or in part) the services of The Bacon’s ISPs or other suppliers
Furthermore, you may not list any service on The Bacon (or consummate any transaction that was initiated using The Bacon’s service) that, by paying fees to The Bacon, could cause The Bacon to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Service.
Re-Posting Content: By posting content on The Bacon, it is possible for an outside website or a third party to re-post that content. You agree to hold The Bacon harmless for any dispute concerning this use. If you choose to display your own The Bacon-hosted image on another website, the image must provide a link back to its listing page on The Bacon.
Idea Submissions: The Bacon considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the content and the tangible services sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and The Bacon shall not be liable for the disclosure or use of such Material. If, at The Bacon’s request, any member sends Material to improve the site (for example through the Forums or to user support), The Bacon will also consider that Material to be non-confidential and non-proprietary and The Bacon will not be liable for use or disclosure of the Material. Any communication by you to The Bacon is subject to this Agreement. You hereby grant and agree to grant The Bacon, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
The Bacon does not control the content provided by users that is made available on The Bacon. You may find some content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
By using The Bacon, you agree to accept such risks and that The Bacon (and The Bacon’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on The Bacon. Please use caution, common sense, and practice safe buying and selling when using The Bacon.
Other Resources: The Bacon is not responsible for the availability of outside websites or resources linked to or referenced on the Site. The Bacon does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that The Bacon 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 reliance on any such content, goods or services available on or through any such websites or resources.
‘The Bacon’, and other The Bacon graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Earnest Endeavors LLC. in the U.S. and/or other countries. The Bacon’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, The Bacon may, without notice, and without refunding any fees, delay or immediately remove content, warn The Bacon’s community of a user’s actions, including identifying the user, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
The Bacon does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside The Bacon’s control.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any The Bacon service and, if applicable, your advertising, representation, purchase, solicitation of offers to purchase, operation of business, and sale of services. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of services you make on the Site (excluding any taxes on The Bacon’s net income).
You and The Bacon are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
The communications between you and The Bacon use electronic means, whether you visit the Site or send us emails, or whether The Bacon posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from The Bacon in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that The Bacon provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Bacon reserves the right to modify or terminate the The Bacon website for any reason, without notice, at any time. The Bacon reserves the right to alter these Terms of Service or other Site policies at any time, so please review the policies frequently. If The Bacon makes a material change The Bacon will notify you here, by email, by means of a notice on our homepage, or other places The Bacon deems appropriate. What constitutes a “material change” will be determined at The Bacon’s sole discretion, in good faith, and using common sense and reasonable judgment.