Terms Of Use

This website is an internet application (the “Application”) owned and operated by Azlo Business, Inc. (“Azlo,” “we,” “us,” or the “Company”). In response to the COVID-19 crisis, we are providing this Application as a free service to help individuals like you (“you”) identify potential new income sources by helping you connect with local service providers looking for someone like you to help meet intermittent needs for services, or by helping you identify other potential business opportunities that may be available to you (the “Service”). These Terms of Use (“Terms of Use” or “Agreement”) are an electronic contract that sets out the legally binding terms of the relationship between you and Azlo. By accessing the Application or using the Services, you accept these Terms of Use and agree to the terms, conditions and notices contained and/or referenced herein. Use of the Application is majority in the jurisdiction in which you work). If you do not meet these criteria, you may not use the Application or the Service. We cannot, and do not, guarantee the accuracy of any information presented in the Application or through the Service, the availability or suitability of any job or business opportunity identified through the Service, or the amount of money you may earn through a job or business opportunity identified through the Service. Without limiting the foregoing, the Service, and the information and opportunities presented to you through the Application, are provided on an “as-is” basis, as available and without any warranties or conditions (express or implied, including the implied warranties of accuracy, merchantability, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). We disclaim all and make no representations or warranties, of any kind, either express or implied, as to the quality, identity or reliability of any third party, or as to the accuracy of the information obtained from or provided by any third party. Some states and jurisdictions may not allow for all the foregoing limitations on implied warranties, so to that extent, if any, some or all of the above limitations may not apply to you. To the extent you use the Application or the Service to connect with a local service provider or any other third party, you direct and instruct Azlo to send any and all of your personal information to that service provider or third party in order to: (a) facilitate your connection with that service provider or third party; and/or (b) facilitate your completion of any application offered by that service provider or third party. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, independent contractor, or employer-employee relationship between Azlo and you. You are not the agent of Azlo. In connection with your use of the Application and/or the Service, Azlo makes no representations or warranties to third parties about your ability, desire or qualifications to perform any service or conduct any activity; further, you are not authorized to state, and must not represent to any third party, that Azlo has recommended you or has deemed you to be qualified to perform any service or conduct any activity. Azlo reserves the right to change this Agreement, and add additional terms at any time, effective upon making the modified provisions available on the Application or by notifying you directly. You are responsible for reviewing the Terms of Use for modifications and updates to its terms. Continued use of the Application after any such changes are made to this Agreement shall constitute your consent to such changes. Other than making the changes available on the Application, Azlo does not assume any obligation to notify you of any changes to this Agreement, or the creation or modification of any additional terms. You agree not to do or attempt (and not to encourage or enable anyone else to do or attempt) any of the following to or through the Application and/or the Service (the “Azlo Platform”):

You agree to indemnify and hold harmless Azlo and its parents, affiliates, employees, officers and agents from and against any and all liabilities, losses, damages, costs, and other expenses (including attorney fees and costs associated with litigation) arising from or relating to a breach by you of any representation, warranty, covenant, or obligation in this Agreement, or arising from or relating to any negligent or intentional act or omission committed by you, in connection with the use of the Application and/or Service, which act or omission gives rise to any claim for damages against you, Azlo and/or its parents, affiliates, employees, officers or agents. IN NO EVENT WILL AZLO BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AZLO’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AGGREGATE AMOUNT OF PAYMENTS MADE BY YOU TO AZLO UNDER THIS AGREEMENT. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF CERTAIN TYPES OF DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. Azlo reserves the right at any time to modify or discontinue, temporarily or permanently, the Application or the Service (or any part thereof) with or without notice. You agree that Azlo shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Application or the Service. The Agreement and any action related thereto will be governed, controlled, interpreted, and defined by and under the laws of the State of Alabama, without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. If any provision of the Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of the Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Dispute Resolution

Either you or we may ask to settle disputes by arbitration. Arbitration is a way of working out disputes without going to court. If you or we ask for arbitration, we would all meet with a person called an arbitrator. An arbitrator is like a referee or a judge. The arbitrator will listen to what you and we have to say. The arbitrator will decide who is right. The arbitrator’s decision is called an award. The party who wins the award can take it to any court that could have heard the dispute and get an official judgment. Please read the rest of this section carefully. It explains how arbitration works. Some Legal Rights May Not Be Available in Arbitration: After any party asks for arbitration of a dispute, neither you nor we can ask a court to hear that dispute. There will be no jury trial of that dispute. You cannot be part of any class action relating to that dispute. The right to get information from each other and other procedures may be more limited in arbitration than in court. With a few limited exceptions, the arbitrator’s award will be final and unchangeable. Other rights that you or we would have in a court also may not be available in arbitration.

Any dispute that arises from or relates to this Agreement, the Application, the Service and any transaction involving the Application or Service will be settled by arbitration unless it is described below in “What Disputes Are Not Covered.” This means that disputes about the following are covered:

It doesn’t matter whether the dispute is based on contract, fraud, tort, intentional tort, statute, regulation, constitution, common law, equity or otherwise. It also doesn’t matter when the dispute began (whether before this Agreement, now or in the future). This arbitration provision will continue to apply after this Agreement ends and/or after you have used the Application or the Service.

This arbitration provision does not cover any dispute about the parts of this arbitration provision that prohibit class disputes

YOU CANNOT JOIN TOGETHER IN A DISPUTE WITH ANYONE. EVEN IF OTHER PEOPLE HAVE DISPUTES SIMILAR TO A DISPUTE THAT YOU OR WE ASK TO ARBITRATE, THOSE PEOPLE AND THEIR DISPUTES CANNOT BE PART OF ANY ARBITRATION BETWEEN YOU AND US. YOU CANNOT ARBITRATE ANY DISPUTE ON A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE BASIS. Only a court, and not an arbitrator, may decide whether this provision prohibiting class disputes can be enforced.

The American Arbitration Association (“AAA”) or JAMS ADR (“JAMS”) may arbitrate any dispute, or you and we may agree upon a different arbitrator. For more information about arbitration, contact the AAA (www.adr.org or 1-800-778-7879) or JAMS (www.jamsadr.com or 1-800-352-5267). If for any reason the AAA or JAMS is unable or unwilling to arbitrate, or you and we cannot agree on an arbitrator, we will use another national or regional arbitration group. The number of arbitrators will depend on the total dollar amount of all disputes by both you and us. If the total is $250,000 or less, one arbitrator will hear the dispute(s). If the total is over $250,000, three arbitrators will hear the dispute(s). Each arbitrator must be an active member in good standing of the bar for any state in the continental United States, and either: (a) actively engaged in the practice of law for at least 5 years or (b) a retired judge.

The arbitration of any dispute will be conducted according to the rules of the arbitrator (“Rules”). If an arbitrator other than the AAA is chosen, the Rules of the AAA will be applied to any circumstance that is not addressed by the Rules of the chosen arbitrator. If the total of all disputes is $250,000 or less, we will use any expedited procedures in the Rules. If this Agreement and the Rules say something different, we will follow this Agreement and not the Rules.

Either you or we may start an arbitration by giving written notice to the other party. To provide written notice to Azlo, you must send the notice to 201 Mission Street, 25th Floor, San Francisco, CA, 94105, with a copy to BBVA USA, Attn: Legal Department, 15 South 20th Street, Suite 1801, Birmingham, AL 35203. At a minimum, this notice must describe the subject of the dispute and the result requested in arbitration by the party giving the notice. If you ask us to arbitrate, you can choose the AAA or JAMS, or suggest another national or regional arbitration group to arbitrate the dispute. If we ask you to arbitrate, we will give you 10 days to choose the AAA or JAMS, or to suggest another national or regional arbitration group. In either case, if you suggest an alternative to the AAA and JAMS, we will work with you to determine if you and we can agree on a different group or arbitrator. If you and we are unable to agree, the arbitration will be conducted by the AAA or, if the AAA is not available, by a similar arbitration group. The party asking for arbitration must file a notice with the arbitration group following the Rules in effect at that time.

You or we may ask for arbitration before or after a lawsuit has been filed. You or we must ask for arbitration within the statute of limitations that would apply to the same dispute in court. If it is too late to resolve the dispute in court, it is also too late to resolve it in arbitration.

Each arbitrator must:

There will be costs for arbitration. Contact the AAA or other arbitration group to find out what the arbitration charges will be. You may have to pay some of the arbitration charges unless this Agreement, an applicable law or the Rules say we must pay. If the total dollar amount of all disputes is $50,000 or less, we will pay that portion of the arbitration filing fee that is more than the cost of filing a lawsuit in the federal court where you live. You can ask us to pay some or all of the other arbitration charges you have to pay, but we don’t promise to do as you ask. At the end of the arbitration, the arbitrator(s) will decide who has to pay for any arbitration charges that are greater than those we agreed to pay. The arbitrator(s) also may order us to pay some or all of your attorneys, expert and witness fees. Unless ordered otherwise by the arbitrator(s), each of us must pay for its own attorneys, expert and witness fees, no matter who wins.

Any arbitration will take place in the federal judicial district near your home. Or, you and we could agree that arbitration will take place somewhere else.

This arbitration provision is made pursuant to a transaction involving interstate commerce. The Federal Arbitration Act will apply to the construction, interpretation and enforceability of this arbitration provision despite any other choice of law provision in this Agreement.

Nothing in this arbitration provision will limit certain other rights you or we may have. This means that you or we could, for example:

If you or we do any of these things or take part in any other court case, it does not affect your or our rights under this arbitration provision.

Only a court and not an arbitrator can determine if any part of this arbitration provision cannot be enforced. If a court with proper jurisdiction says that any part of the “No Class Disputes” subsection above (which prohibits arbitration of class disputes) cannot be enforced, then none of the arbitration section in this Agreement will apply, and this section will be considered deleted from the Agreement. If a court with proper jurisdiction says that any other part of this arbitration provision cannot be enforced, then the rest of this arbitration subsection still will apply, including the “No Class Disputes” subsection above.

to applicable law, this provision limits your rights to a jury trial. You should review this section carefully. If you and we have any dispute related to this Agreement, your Account, or any transactions involving your Account and (i) neither you nor we seek to compel arbitration of the dispute, or (ii) some or all of the arbitration section is unenforceable and the dispute will be resolved in court, then you and we agree voluntarily and knowingly to waive any right each may have to a jury trial to the fullest extent permitted by law.