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\r\n \r\n<\/p>\r\n
Terms of Service <\/span><\/span><\/p>\r\n Please read these Terms of Service (the \u201cTerms\u201d) and our Privacy Policy (\u201cPrivacy Policy\u201d) carefully because they govern your use of the website located at dojotalent.com (the \u201cSite\u201d) and our marketplace, services accessible via the Site offered by Dojo Talent (\u201cDojo\u201d, \u201cwe\u201d, or \u201cus\u201d). The person, company, or other entity that sells its products and\/or services is referred to as the \u201cIndependent\u201d and the person or entity that purchases products and services is referred to as the \u201cClient.\u201d Independent and Client and their agents, employees and representatives are collectively referred to as \u201cUsers\u201d (or \u201cYou\u201d). To make these Terms easier to read, the Site and our services are collectively called the (\u201cthe Platform).\" <\/span><\/span><\/p>\r\n 1. User's Agreement <\/span><\/span><\/p>\r\n By accessing the website at dojotalent.com, you are agreeing to be bound by these Terms and all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. If you are accessing and using the Platform on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case, \u201cyou\u201d and \u201cyour\u201d will refer to that entity. <\/span><\/span><\/p>\r\n 2. Who May Use the Platform? <\/span><\/span><\/p>\r\n You may use the Platform only if you are 18 years or older or of the age of majority in your country and capable of forming binding contracts , and not otherwise barred from using the Platform under applicable law. You may use the Platform for business purposes only and not for personal or consumer use. By registering an account on Dojo\u2019s Platform, (\u201cProfile Account\u201d), you represent that you: (a) are doing business under your own name as a self-employed individual or sole proprietor or are an employee or agent of an independent business (such as a corporation, limited liability company, or other entity; (b) will use our Platform for business purposes only; (c) will comply with any licensing, registration, or any other requirements with respect to your business or the business for which you are acting; and (d) will comply with any licensing, registration, or any requirements with respect to your provision of services to Clients. The Platform is not intended for the sale of physical, non-digital products. <\/span><\/span><\/p>\r\n 3. Privacy Policy <\/span><\/span><\/p>\r\n Please review our Privacy Policy, which also governs your use of the Platform, for information on how we collect, use, and share your information. If you do not agree to these terms, you may not visit our website or use our Platform. <\/span><\/span><\/p>\r\n 4. Changes to These Terms or the Platform <\/span><\/span><\/p>\r\n We may update the Terms from time to time at our sole discretion. If we do, we\u2019ll let you know by posting the updated Terms on the Site, to the App and\/or may also send other communications. It\u2019s important that you review the Terms whenever we update them or you use the Platform. If you continue to use the after we have posted updated Terms it means that you accept and agree to the changes. If you don\u2019t agree to be bound by the changes, you may not use the Platform anymore. Because our Platform is evolving over time we may change or discontinue all or any part of the Platform, at any time and without notice, at our sole discretion.<\/span><\/span><\/p>\r\n 5. Relationship Between the Parties <\/span><\/span><\/p>\r\n Dojo offers a platform that enables Users to find one another, enter into service relationships and agreements, receive and provide services and make and receive payments through a third-party payment processor. Dojo does not employ or contract with individuals to perform Independent services. Users acknowledge and agree that Dojo does not supervise, direct, control or monitor Users in the performance of any contractual obligations Users have under a Service Contract or other agreement and agree that (a) Dojo is not responsible for ensuring the accuracy or legality of any User Content (b) Dojo is not responsible for the offering, performance, or procurement of Independent services (c) Dojo does not represent or guarantee any Independent services and (d) use of the Platform will not create an employment, agency, or joint venture relationship between Dojo and any Independent who is offering services using Dojo\u2019s marketplace platform. Independent will be the seller of record for Client purchases using Dojo\u2019s Platform. Dojo is not a buyer of any services related to the transaction between Independent and Client. Dojo does not obtain or transfer legal ownership of any work product from Independent to Client. All transactions related to the sale of services are made directly between Independent and Client. Dojo is merely a marketplace connecting Independents with Clients and takes no responsibility for the actions or omissions of Users of Dojo\u2019s Platform, or quality of services provided by Independents, and does not guarantee that a Client can or will pay for services. Dojo may terminate or suspend any Independent or Client for any reason, including for breach of these Terms. Dojo may also try to facilitate a resolution between Independent and Client relating to an alleged breach of these Terms but is under no obligation to do so. In the event of any breach of these Terms by another User, you agree that you will look solely to such User or such third party for a remedy and in no event shall Dojo have any responsibility, obligation, or liability with respect to such breach or any other acts or omissions by any such User. You acknowledge that Dojo has no responsibility or control over Independents and does not endorse any Independent in any way. <\/span><\/span><\/p>\r\n 6. Suitability of Project and Project Terms <\/span><\/span><\/p>\r\n You agree that Users (and not Dojo) are responsible for (a) evaluating and determining the suitability of any project, Client or Independent, (b) assessing whether to enter into a service contract or other agreement with another User, and (c) verifying any information about another User and (d) negotiating and signing any terms or conditions of a services agreement, and (e) performing and monitoring performance of the terms of any agreement between Users. All agreements between Users are directly between the Users. Dojo is not a direct party to these agreements and has no obligation under the terms of any agreement between Users. However, Users agree that Dojo shall be considered a third party beneficiary of any agreement between Users and may enforce its rights as such. <\/span><\/span><\/p>\r\n 7. Worker Classification <\/span><\/span><\/p>\r\n Client is solely responsible for and assumes all liability for determining whether an Independent may be engaged as an independent contractor through Dojo\u2019s marketplace. Client warrants its decisions regarding worker classification are correct and its manner of engaging Independents complies with applicable laws, regulations and rules. Nothing in this agreement is intended to or should be construed to create a partnership, joint venture, franchise or franchisee, or employer-employee relationship between Dojo and a User.<\/span><\/span><\/p>\r\n 8. User Accounts <\/span><\/span><\/p>\r\n To use our Platform, you may be required to create an account with us. When creating an account, you create a User profile that includes personal information that you consent to be shown to the public once your profile is completed. You agree to provide accurate, complete and current information about your identity, location, your business, the beneficial owner of your business, your skills, or the services your business provides and you agree to correct any information that becomes false or misleading and keep such information up to date. Failure to do so may result in a suspension or termination of your account. Your account registration is subject to review by Dojo and its third party content moderation providers and we reserve the right to block any profile registration. To protect your account, keep your account details and password confidential, and notify us immediately of any unauthorized use. You\u2019re responsible for all activities that occur under your account. Account and registration data and certain other information about you may be governed by our Privacy Policy. <\/span><\/span><\/p>\r\n 9. Verification of Identity <\/span><\/span><\/p>\r\n You consent to your information being sent to and used by Dojo and third parties to verify location, identity, e-mail address, financial accounts, and ownership of your business. This section does not create any obligation for Dojo to verify User information. <\/span><\/span><\/p>\r\n 10. Types of Accounts <\/span><\/span><\/p>\r\n Users may initially create an account profile as a Client or an Independent. A Client profile is for hiring Independents. An Independent profile is for seeking freelancer work. A user may switch from Client (hiring) to Independent (seeking work) mode at any time within the application. <\/span><\/span><\/p>\r\n 11. Feedback <\/span><\/span><\/p>\r\n We appreciate feedback, comments, ideas, proposals, and suggestions for improvements to the Platform. If you choose to submit feedback, you agree that we are free to use it without any restriction or compensation to you. <\/span><\/span><\/p>\r\n 12. User License <\/span><\/span><\/p>\r\n Reservation of Rights. Dojo and its licensors exclusively own all right, title and interest in and to the Platform, including all associated intellectual property rights. You acknowledge that the Platform is protected by copyright, trademark, and other laws of Turkey and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform. Use. Subject to your compliance with these Terms and Dojo\u2019s third party service provider user license agreements, Dojo grants you a non-exclusive, not-transferable license to use the Platform. Under this limited use license, you may not: <\/span><\/span><\/p>\r\n - modify or copy the Platform content or software ; <\/span><\/span><\/p>\r\n - use the Platform content and software for any commercial purpose, or for any public display (commercial or non-commercial); <\/span><\/span><\/p>\r\n - attempt to decompile or reverse engineer any software contained on Dojo's website; - remove any copyright or other proprietary notations from the materials; or - transfer the materials to another person or \"mirror\" the materials on any other servers.<\/span><\/span><\/p>\r\n General prohibitions and Dojo\u2019s enforcement rights: <\/span><\/span><\/p>\r\n You agree not to do any of the following: Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party\u2019s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances; (viii) uses, displays, mirrors or frames the Platform or any individual element within the Platform, Dojo\u2019s name, any Dojo trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Dojo\u2019s express written consent; <\/span><\/span><\/p>\r\n - Access, tamper with, or use non-public areas of the Platform, Dojo\u2019s computer systems, or the technical delivery systems of Independents; <\/span><\/span><\/p>\r\n - Attempt to probe, scan or test the vulnerability of any Dojo system or network or breach any security or authentication measures; <\/span><\/span><\/p>\r\n - Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Dojo or any of the Independents or any other third party (including another user) to protect the Platform; <\/span><\/span><\/p>\r\n - Attempt to access or search the Platform or download content from the Platform using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and\/or search agents provided by Dojo or other generally available third-party web search engines or web browsers; <\/span><\/span><\/p>\r\n - Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; <\/span><\/span><\/p>\r\n - Use any meta tags or other hidden text or metadata utilizing a Dojo trademark, logo URL or product name without Dojo\u2019s express written consent; <\/span><\/span><\/p>\r\n - Use the Platform, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; - Forge any TCP\/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; <\/span><\/span><\/p>\r\n - Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform; <\/span><\/span><\/p>\r\n - Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Platform; <\/span><\/span><\/p>\r\n - Collect or store any personally identifiable information from the Platform from other users of the Platform without their express permission; <\/span><\/span><\/p>\r\n - Impersonate or misrepresent your affiliation with any person or entity; - Violate any applicable law or regulation; or <\/span><\/span><\/p>\r\n - Encourage or enable any other individual to do any of the foregoing. - Monitoring\/disabling accounts. Dojo is not obligated to monitor access to or use of the Platform or to review or edit any content. However, we have the right to do so for the purpose of operating the Platform, to ensure compliance with these Terms and to<\/span><\/span><\/p>\r\n comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to <\/span><\/span><\/p>\r\n investigate violations of these Terms or conduct that affects the Platform. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. <\/span><\/span><\/p>\r\n - Fraud or suspicious activity. Without limiting any other provision of these Terms, or our rights or remedies under these Terms or applicable law, if a User attempts to defraud any other User or Dojo, or attempts to interfere with the fair operation of the Platform (such as, by way of example only, by providing artificial, false or misleading information), we reserve the right to do any or all of the following, in our sole discretion: (i) remove any or all of the User Content from the Platform; (ii) cancel any or all of the User\u2019s pending transactions on the Platform, and cancel, reverse or charge back any other purchases or sales by the User that we determine, in our sole discretion, to be fraudulent or in violation of these Terms; (iii) withhold any payments due to the User; (iv) place limits on the User\u2019s buying and selling privileges; (v) charge the User for costs, expenses and fees incurred by Dojo as a result of the User\u2019s action or inaction, including refunds to any Client; and (vi) shadowban, suspend or terminate the User\u2019s account. For clarity, if we cancel or reverse a purchase by a Client pursuant to this Section 12, the Client will have no rights to the work product and\/or services concerning the canceled or reversed Transaction. If you receive services that you believe to be fraudulent in nature or otherwise in violation of these Terms or applicable law, please contact us as soon as possible. You agree to cooperate with us in any investigation conducted by us, as reasonably requested of you. <\/span><\/span><\/p>\r\n - Termination of license. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Dojo at any time. <\/span><\/span><\/p>\r\n - Paid premium subscriptions. If you buy any of our paid subscription services, you agree to pay us the applicable payment processing fees and taxes, and agree to additional terms specific to the paid services. Failure to pay these fees will result in the termination of your paid subscription. Also, you agree that: <\/span><\/span><\/p>\r\n - Your purchase may be subject to foreign exchange fees, or differences in prices based on location, such as exchange rates. <\/span><\/span><\/p>\r\n - We may, through our third party payment processor, store and continue billing your payment method even after it has expired in order to avoid interruptions in your services, and use it to pay for other services you may buy. <\/span><\/span><\/p>\r\n - If you purchase a subscription, your payment method will automatically be charged applicable fees and taxes at the start of each subscription. To avoid future charges, cancel before the renewal date. <\/span><\/span><\/p>\r\n - You may cancel or suspend your premium services following the cancellation process on the Platform. The termination of your monthly subscription will be effective at the end of the last month you paid your subscription fee. <\/span><\/span><\/p>\r\n - Annual and monthly subscriptions are non refundable. Termination of your subscription will give you access through the end of your paid term and will cancel the auto renewal of your subscription. <\/span><\/span><\/p>\r\n - We will calculate taxes, payable by you based on the billing location information that you provide us at the time of purchase.<\/span><\/span><\/p>\r\n 13. Client Specific Terms <\/span><\/span><\/p>\r\n - Client content. Dojo retains the right in its sole discretion to prohibit the display of and to remove any job postings, project invites and inquiries. Dojo also retains the right to block Client\u2019s purchase of any service(s), or suspend or terminate a Client\u2019s account, in order to ensure Dojo and\/or Client\u2019s compliance with: (i) applicable law or (ii) any third party terms to which Dojo is subject, including distribution platform terms, or (iii) any policies and procedures established by Dojo(the \u201cDojo Policies\u201d), or (iv) these Terms; or (iv) if any transaction or activity is harmful to its business in Dojo\u2019s sole discretion. <\/span><\/span><\/p>\r\n - Client data. Client hereby represents, warrants, and covenants that it will comply with all applicable laws, including data protection laws. Client will be fully responsible for any data (including personal data) provided by Client to Dojo (\u201cClient Data\u201d), including all necessary consents, permissions, and clearances in order for Dojo to use the Client Data. Dojo will have the right to use Client Data in connection with the provision of the Platform. <\/span><\/span><\/p>\r\n - Transaction fees. When you purchase services, our third-party payment processor will charge you a payment processing fee. Our third party payment processor may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, \u201cPayment Information\u201d). <\/span><\/span><\/p>\r\n - Legal right to use payment method. You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. <\/span><\/span><\/p>\r\n - Payment information. When you initiate a Transaction, you provide your Payment Information to our third party payment processors so we can complete your Transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). <\/span><\/span><\/p>\r\n - Non-refundable payments. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. <\/span><\/span><\/p>\r\n 14. Independent Specific Terms <\/span><\/span><\/p>\r\n - Independent content. Dojo retains the right in its sole discretion to prohibit the display of and to remove any services, to block sales of any service(s), or suspend or terminate the Independent account, in order to ensure Dojo\u2019s compliance with: (i) applicable law or (ii) any third party terms to which Dojo is subject, including distribution platform terms or Independent\u2019s compliance with (iii) any policies and procedures established by Dojo (the \u201cDojo Policies\u201d); (iv) these Terms; or (iv) if any transaction or activity is harmful to its business in Dojo\u2019s sole discretion. <\/span><\/span><\/p>\r\n - Independent data. Independent hereby represents, warrants, and covenants that it will comply with all applicable laws, including data protection laws. Independent will be fully responsible for any data (including personal data) provided by Independent to Dojo (\u201cIndependent Data\u201d), including all necessary consents, permissions, and clearances in order for Dojo to use the Independent Data. Dojo will have the right to use Independent Data in connection with the provision of the Platform. Independent Data may be retained by Dojo. Some data may be retained by Dojo after termination<\/span><\/span><\/p>\r\n of a User Account, subject to the ordinary course of business electronic backups or any applicable legal requirements for maintaining such data. <\/span><\/span><\/p>\r\n - Required benefits and insurance. Independent acknowledges that Independent is solely responsible for obtaining any liability, health, workers compensation, disability, unemployment, or other insurance needed or required by law, and that Independent is not covered by or eligible for any insurance from Dojo. <\/span><\/span><\/p>\r\n 15. Your Content <\/span><\/span><\/p>\r\n - Posting content. Our Platform may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, software, audio and video, artwork, product and\/or services information and specifications, and other information, and trademarks, trade names, service marks, logos, and other indicia (\u201cUser Content\u201d). Dojo does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. <\/span><\/span><\/p>\r\n - Permissions to your User Content. By making any User Content available through the Platform you hereby grant to Dojo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Platform and promoting Dojo, its products or services. <\/span><\/span><\/p>\r\n - Your responsibility for User Content. You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent that all User Content is accurate, substantiated, and otherwise compliant with all applicable laws, including but not limited to FTC and FEC rules and guidelines. You represent and warrant that your use and provision of your User Content that is made available through the Platform and Dojo\u2019s use of your User Content on or through the Platform will not infringe, misappropriate or violate a third party\u2019s intellectual property rights, or rights of publicity or privacy, nor result in the violation of any applicable law or regulation. In the event of any claim of intellectual property infringement from a third party in connection with your User Content, or if you are an Independent, your products and\/or services, you acknowledge and agree that such third party claimant will look solely to you for remedy. If any claims are brought against Dojo regarding your User content, you agree to pay Dojo\u2019s legal fees and expenses. <\/span><\/span><\/p>\r\n - Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your <\/span><\/span><\/p>\r\n User Content may continue to exist on the Platform. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content. <\/span><\/span><\/p>\r\n - Dojo\u2019s intellectual property. We may make content available through the Platform that is subject to intellectual property rights. We retain all rights to that content. - Feedback. Any content you post that includes your feedback, ratings or reviews, suggestions or other feedback will be owned by Dojo and you will be deemed to have granted Dojo an exclusive, royalty free, fully paid up, perpetual, irrevocable, worldwide ownership rights to the Feedback. Information based on data that Clients<\/span><\/span><\/p>\r\n and Independents voluntarily submit to Dojo does not constitute an introduction, endorsement or recommendation of any User by Dojo. You agree that Dojo is not responsible for verifying such information and provides it solely for the convenience of Users. You acknowledge providing false or misleading information violates this Agreement and may result in termination of use of Dojo\u2019s Platform. You agree that User feedback benefits Clients and Independents and you expressly agree your feedback may be made available to the public. <\/span><\/span><\/p>\r\n 16. Disputes Among Users <\/span><\/span><\/p>\r\n In the event of a dispute between an Independent and Client, Independent and Client agree to follow the following dispute resolution procedure: <\/span><\/span><\/p>\r\n - Request revisions\/contact other user. Users agree to first contact each other to attempt to amicably resolve the dispute. If Deliverables have been submitted by Independent, Client must continue to request revisions as described in the following paragraph to prevent the release of funds to Independent. <\/span><\/span><\/p>\r\n - Flat fee, Weekly\/Monthly Recurring, or Milestone Deliverable Project Disputes. During any attempt to resolve disputes with Independent, prior to submitting a request for dispute resolution assistance on the platform, Client must continue to request revisions on the Dojo platform within 72 hours of receipt of Deliverables to provide additional 72 hour time period(s) and prevent payment from being released to Independent. If Client does not submit a request revision on the Dojo platform within 72 hours of receipt of Independent\u2019s Deliverables, payment will be released to Independent and the Project or Applicable Milestone will be closed. Non-action by Client within 72 hours of receipt of Deliverables will be considered to be an approval and resolution of the dispute. If Users cannot amicably resolve their dispute in this manner, Dojo provides dispute resolution assistance. <\/span><\/span><\/p>\r\n - Dojo\u2019s resolution assistance. Users may opt to submit a request for dispute assistance no later than 72 hours of Client\u2019s receipt of the Deliverable by logging into their respective Dojo account and submitting a Dispute. Submitting a Dispute places a hold on release of Project payment until 1) the Users resolve their dispute, or 2) fail to file a Request for Arbitration in which case project funds will automatically be released to the Independent at the end of the 45 day dispute resolution period, or 3) reach a resolution through third-party binding arbitration. For Variable Hourly Projects, holds on payments do not apply because no funds are held in escrow and an undisputed invoice is paid by Client after it is submitted by Independent. After a User submits a Dispute, Dojo will contact the Users in an attempt to facilitate an amicable resolution. Dojo will attempt to assist the Users to reach a mutually satisfactory resolution, however, if the Users remain unable to resolve the dispute within 14 days from the day the Dispute was submitted on the platform, Dojo will end its dispute resolution assistance. As a final option, the Users may then submit the dispute, at their own cost, for third-party binding arbitration. Users who agreed to alternative dispute resolution terms contained in their own uploaded contract terms are not required to arbitrate their dispute with another user. Users must provide Dojo with their written agreement regarding alternative dispute resolution procedures in order to maintain the hold on release of Project Payment until the parties both notify<\/span><\/span><\/p>\r\n Dojo that their dispute has been mutually resolved or provide Dojo a written confirmation of a binding decision pursuant to the terms of their written agreement. - Variable Hourly Project Disputes. If Independent and Client are unable to amicably resolve their dispute, Client may, at any time, submit a Project Dispute Request. Independent will then, within forty-eight (48) hours of receiving the Project Dispute Request, submit an invoice for any hours worked up until the Project Dispute Request. Users may opt to use Dojo\u2019s resolution assistance service described in the paragraph above. The Agreement will be considered terminated upon Client's payment of Independent's invoice or if applicable, resolution of the dispute. - Arbitration. If Users are unable to resolve their dispute within 14 days after submitting a dispute on the Dojo platform, as a final option, the Users may then submit the dispute, at their own cost, for binding arbitration to the American Arbitration Association under its applicable rules. If Users reside outside of Turkey, Users agree to have the International Arbitration Rules of the International Centre for Dispute Resolution govern the arbitration. A judgment on the award of the arbitrator may be entered in any court having jurisdiction. For Flat Fee, Monthly\/Weekly Recurring, or Milestone Delivery Projects where Client pre-paid through the platform, if neither User provides Dojo with the Request for Arbitration, (confirmation that the dispute was submitted for arbitration) within forty-five (45) days of the submission of the Dispute, the dispute will be considered resolved, the project will be closed and payment will be released to the Independent. If the dispute is submitted to arbitration, Client\u2019s payment will not be released until the Arbitrator\u2019s final resolution of the Dispute that shall include payment release instructions including amounts to be released to Independent or refunded to Client. As described in paragraph 19(3) above, Parties who included an alternative to arbitration in their uploaded contract terms are not required to arbitrate their claims against each other where their agreed-upon contract terms provide for an alternative dispute resolution mechanism. <\/span><\/span><\/p>\r\n 17. WARRANTY DISCLAIMERS <\/span><\/span><\/p>\r\n THE PLATFORM IS PROVIDED \u201cAS IS,\u201d WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OR CONTENT ON THE PLATFORM. <\/span><\/span><\/p>\r\n THE PARTIES UNDERSTAND THAT WHILE PAYMENTS MAY BE MADE BY USERS USING DOJO\u2019S THIRD PARTY PAYMENT PROCESSOR\u2019S SERVICES, DOJO IS NOT RESPONSIBLE FOR EITHER PARTY\u2019S PAYMENT OBLIGATIONS OR THAT EITHER PARTY WILL GET PAID. <\/span><\/span><\/p>\r\n WE MAKE NO WARRANTY AS TO THE IDENTITY, CHARACTER OR CONDUCT OF USERS AND ASSUME NO RESPONSIBILITY FOR A USER\u2019S COMPLIANCE WITH THESE TERMS OR ANY APPLICABLE LAWS. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USER.<\/span><\/span><\/p>\r\n WE WILL NOT BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN OUR PERFORMANCE UNDER THESE TERMS TO THE EXTENT THE FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, LABOR DISPUTES, STRIKES, LOCKOUTS, SHORTAGES OF OR INABILITY TO OBTAIN LABOR, ENERGY, RAW MATERIALS OR SUPPLIES, WAR, TERRORISM, RIOT, ACTS OF GOD OR GOVERNMENTAL ACTION. <\/span><\/span><\/p>\r\n