Terms of Service
Last updated: December 2020
These Terms of Service constitute a legally binding agreement between you and Assemblers, Inc., (“Assemblers, Inc.”) governing your use of the Assemblers, Inc. Platform. Assemblers, Inc.’s websites (the “Sites”), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Assemblers, Inc. Platform.”
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE ASSEMBLERS, INC. PLATFORM.
PLEASE NOTE: SECTION 28, WHICH CONTAINS JURISDICTION-SPECIFIC PROVISIONS, SPECIFIES HOW USERS AND ASSEMBLERS, INC. RESOLVE DISPUTES. FOR U.S. USERS, SECTION 28 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST ASSEMBLERS, INC. TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE ASSEMBLERS, INC. PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
A few highlights of these Terms of Service include:
- You must be at least the 18 years of age and otherwise capable of entering into binding contracts, in order to use or access the Assemblers, Inc. Platform (Section 2).
- Your agreement that the technology for the Assemblers, Inc. Platform is provided “as is” and without warranty (Section 17).
- Your agreement that Assemblers, Inc. provides no warranty and has no liability regarding User action on the Assemblers, Inc. Platform or the performance of Assemblies. (Section 17).
- Your acknowledgement and agreement that some Assemblers are independent contractors and not employees, independent contractors or service providers of Assemblers, Inc. (Section 1).
- Your agreement to hold harmless and indemnify Assemblers, Inc. from claims due to your use or inability to use the Assemblers, Inc. Platform or content submitted from your account to the Assemblers, Inc. Platform (Section 18).
- Your agreement to arbitrate disputes with Assemblers, Inc. on an individual basis to the fullest extent permitted by applicable law.
1. The Assemblers, Inc. Platform Allows users to self-select and communicate with Assemblers, Inc. customer support representatives.
The Assemblers, Inc. Platform is a web-based scheduling platform which enables clients to get their product assembled by workers of Assemblers, Inc.
ASSEMBLERS CAN BE EMPLOYEES OF ASSEMBLERS, INC OR THEY CAN BE INDEPENDENT BUSINESS OWNERS CONTRACTED BY ASSEMBLERS.
2. User Background Checks and User Representations and Warranties
User Background Checks
Users may be subject to a review process before they can register for and during their use of the Assemblers, Inc. Platform, which may include but is not limited to: identity verification, right to work checks, and criminal background checks, using third party services as appropriate (“Background Checks”). Although Assemblers, Inc. may perform Background Checks, Assemblers, Inc. cannot confirm that each User is who they claim to be, and Assemblers, Inc. cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
NEITHER ASSEMBLERS, INC., NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ASSEMBLERS, INC. PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ASSEMBLERS, INC. AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ASSEMBLERS, INC. PLATFORM.
User Representations and Warranties
All Users represent and warrant that:
- You are at least 18 years of age and are otherwise capable of entering into binding contracts;
- You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide.
- You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Assembly or any interaction by or with any technician of Assemblers, Inc. in connection with the Assemblers, Inc. Platform without the prior written consent of Assemblers, Inc. and/or the relevant User, as applicable;
- You will act professionally and responsibly in your interactions with Assemblers, Inc.
- You will use your real name or business name and an up-to-date photo on your registration.
- When using or accessing the Assemblers, Inc. Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith.
- You will not use the Assemblers, Inc. Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
- Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Other than as fully and promptly disclosed in writing to Assemblers, Inc., you do not have any motivation, status, or interest that Assemblers, Inc. may reasonably wish to know about in connection with the Assemblers, Inc. Platform, including without limitation, if you are using or will or intend to use the Assemblers, Inc. Platform for any journalistic, academic, investigative, or unlawful purpose.
Assemblers additionally represent and warrant that its subcontractors, partners and/or technicians:
- When using the Assemblers, Inc. Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity.
- You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Assemblers, Inc. Platform, and maintain an independent clientele.
- You have the unrestricted right to work in the jurisdiction in which you will be performing Assembly.
- If the Assembly is performed by an Assemblers 1099 in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration.
- You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Assembly.
- You have all insurance required to operate your business and provide your services.
- You will honor your commitments to other Users on the Platform, including by responding to messages, phone calls, emails and texts promptly; performing the Assembly as agreed upon with our Clients; and providing timely, high-quality services to your Clients;
- You will only offer and provide services for which you have the necessary skills and expertise and provide those services safely and in accordance with all applicable laws.
3. Billing and Payment
Users of the Assemblers, Inc. Platform contract for Assembly directly with Assemblers, Inc. Assemblers, Inc. will not be a party to any contracts for Assembly or services outside our Platform. Payment for Assembly services through the Assemblers, Inc. Platform is made directly from the Client to Assemblers, Inc. via the Platform through our customer support representatives.
When Client receives confirmation through the Assemblers, Inc. Platform or via email that an Assembly has been completed, Client automatically authorizes the platform to process the Invoice(s). Users may be billed a one-hour cancellation fee through the Platform if you book (or accept) an Assembly but cancel it before (or fail to appear upon) the scheduled time for performance.
Assemblers, Inc. reserves the right (but not the obligation) upon request from Client or Assembler, or upon notice of any potential fraud, unauthorized charges or other misuse of the Assemblers, Inc. Platform, to (i) place on hold any Assembly Payment, out of pocket expenses, and/or tip or gratuity (if applicable) or (ii) refund or provide credits, or arrange for the platform to do so.
Users of the Assemblers, Inc. Platform will be liable for any taxes required to be paid on the Assemblers provided under the Agreement.
4. Contests, Gift Cards, and Promotional Codes
Assemblers, Inc. may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Assemblers, Inc., and can be implemented, modified, or removed at any time by Assemblers, Inc. without advance notification. The liability of Assemblers, Inc. and Affiliates, as well as any of Assemblers, Inc.’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 17 of these Terms of Service.
Assemblers, Inc. gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Assembly Payments and Assemblers, Inc. service charge and platform fee in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with an Assembly provided through the Assemblers, Inc. Platform.
(a) Promo Codes
Promo Codes are an offer by Assemblers, Inc. to reduce the amount a Client must pay in relation to an Assembly Payment, service charge, and/or platform fee. Promo Codes will not affect the amount of the Assembly Payment an Assembler ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Assemblers, Inc. or the Assembler or Client, or constitute wages, fees or other amounts paid to the Assembler by Assemblers, Inc. Assemblers, Inc. reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
(b) Gift Cards
Gift cards can only be used in connection with Assembly performed on the Assemblers, Inc. Platform, are not replaceable if lost or stolen and have no expiration date. Gift cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Assemblers as a payment method.
A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Assemblers, Inc. reserves the right to correct the balance of a Gift Card if Assemblers, Inc. believes that a billing error has occurred. Assemblers, Inc. reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement and use of a Gift Card constitutes acceptance thereof.
You agree to comply with all Gift Card terms and conditions.
5. Public Areas; Acceptable Use
The Assemblers, Inc. Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Assembly postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Assemblers, Inc. Platform, you should not share your personal contact information with other Users.
Without limitation, the Assemblers, Inc. Platform may not be used for any of the following purposes:
- To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Assemblers, Inc. staff;
- To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information.
- To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Assemblers, Inc.
- To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Assemblers, Inc. or its Users’ computers.
- To advertise or offer to sell any goods or services for any commercial purpose through the Assemblers, Inc. Platform which are not relevant to the Assembly services.
- To conduct or forward surveys, contests, pyramid schemes, or chain letters.
- To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments.
While using the Assemblers, Inc. Platform, you may not:
- Use the Assemblers, Inc. Platform for any unauthorized or illegal purpose, including but not limited to posting or performing an Assembly in violation of local, state, provincial, national law;
- Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly.
- Post the same Assembly repeatedly (“Spamming”);
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Assemblers, Inc. Platform.
- Imply or state that any statements you make (whether on or off the Assemblers, Inc. Platform) are endorsed by Assemblers, Inc., without the prior written consent of Assemblers, Inc.;
- Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Assemblers, Inc. Platform, or the electronic addresses or personal information of others, in any manner;
- Frame or utilize framing techniques to enclose the Assemblers, Inc. Platform or any portion thereof;
- Hack or interfere with the Assemblers, Inc. Platform, its servers or any connected networks;
- Adapt, alter, license, sublicense or translate the Assemblers, Inc. Platform for your own personal or commercial use;
- Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Assemblers, Inc. and Affiliates.
- Upload content to the Assemblers, Inc. Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
- Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner.
- Use the Assemblers, Inc. Platform to solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Assemblers, Inc. Platform as set forth herein.
- Use the Assemblers, Inc. Platform to collect usernames, email addresses, or other personal information of Users by electronic or other means.
- Use the Assemblers, Inc. Platform or the Assembly services in violation of this Agreement.
- Use the Assemblers, Inc. Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Assemblers, Inc.’s trade secret information for public disclosure or other purposes;
- Attempt to circumvent the payments system or service charge or platform fee in any way including, but not limited to, making or processing payments outside of the Assemblers, Inc. Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
- Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
- Cause any third party to engage in the restricted activities above; or
- Use tools with the goal of masking your IP address (like the TOR network).
6. Mobile App Updates and Upgrades
7. Deactivation and Suspension
Assemblers, Inc. may suspend your right to use the Assemblers, Inc. Platform pending its investigation of a potential breach by you of this Agreement. Assemblers, Inc. may deactivate your account or limit your use of the Assemblers, Inc. Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Assemblers, Inc. will provide you with written notice of its determination. If you wish to appeal this determination, please contact Assemblers, Inc. within 14 days of receipt of such notice with the grounds for your appeal.
If Assemblers, Inc. suspends or deactivates your account or limits your use of the Assemblers, Inc. Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the Assemblers, Inc. Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. Assemblers, Inc. reserves the right to take appropriate legal action pursuant to the Agreement.
Assemblers, Inc. reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Assemblers, Inc. Platform at its sole discretion. Assemblers, Inc. will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Assemblers, Inc. shall not be liable to you for any modification or discontinuance of all or any portion of the Assemblers, Inc. Platform. Assemblers, Inc. has the right to restrict anyone from completing registration as a client if such person may threaten the safety and integrity of the Assemblers, Inc. Platform, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Assemblers, Inc. Platform and deactivating your account. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Assemblers, Inc. Platform.
8. Account, Password, Security, and Telephone Communications
You must register with Assemblers, Inc. and create an account to use the Assemblers, Inc. Platform. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Assemblers, Inc. for accessing the Assemblers, Inc. Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Assemblers, Inc. has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you agree to notify Assemblers, Inc. immediately.
You acknowledge that telephone calls to or from Assemblers, Inc., together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to Assemblers, Inc., our agents and affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Assemblers, Inc. before the change goes into effect by contacting Assemblers, Inc. If the change regards ownership of your telephone numbers, you may notify Assemblers, Inc. by texting STOP to any text message sent to the retiring phone number.
9. Links to Third-Party Websites
The Assemblers, Inc. Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Assemblers, Inc. or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Assemblers, Inc. Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Assemblers, Inc. does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Assemblers, Inc. is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Assemblers, Inc. has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Assemblers, Inc. Platform at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Assemblers, Inc. expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Assemblers, Inc. Platform. You hereby agree to hold Assemblers, Inc. harmless from any liability that may result from the use of links that may appear on the Assemblers, Inc. Platform.
As part of the functionality of the Assemblers, Inc. Platform, you may link your account with online accounts you may have with third party social networking service providers (such as Facebook or Google) (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Assemblers, Inc. Platform; or (ii) allowing Assemblers, Inc. to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Assemblers, Inc. and/or grant Assemblers, Inc. access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Assemblers, Inc. to pay any fees or making Assemblers, Inc. subject to any usage limitations imposed by such third-party service providers. By granting Assemblers, Inc. access to any Third-Party Accounts, you understand that (i) Assemblers, Inc. may access, make available and store (if applicable) your public profile that you have provided to and stored in your Third-Party Account so that it is available on and through the Assemblers, Inc. Platform via your Assemblers, Inc. account, including without limitation any friend lists, and (ii) Assemblers, Inc. may submit to and receive additional information from your Third-Party Account to the extent specified when you link your account with the Third-Party Account. Unless otherwise stated in these Terms of Service, all Content shall constitute User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information or personal data that you post to your Third-Party Accounts may be available on and through your account on the Assemblers, Inc. Platform. Please note that if a Third-Party Account or associated service becomes unavailable or Assemblers, Inc.’s access to such Third-Party Account is terminated by the third-party service provider, then Content may no longer be available on and through the Assemblers, Inc. Platform. You will have the ability to disable the connection between your account on the Assemblers, Inc. Platform and your Third-Party Accounts at any time, by revoking permissions in the account settings of your Third-Party Account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Assemblers, Inc. makes no effort to review any Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Assemblers, Inc. is not responsible for any Content.
10. Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Assemblers, Inc. designs, trademarks, and logos (collectively “Proprietary Material”) that Users see or read through the Assemblers, Inc. Platform is owned by Assemblers, Inc. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Assemblers, Inc. owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Assemblers, Inc. Platform without Assemblers, Inc.’s express prior written consent and, if applicable, the consent of the holder of the rights. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
11. Copyright Complaints and Copyright Agent
Assemblers, Inc. respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Assemblers, Inc. Platform infringe upon your copyright or other intellectual property right, please send the following information to Assemblers, Inc.’s 3916 Volunteer Drive, Chattanooga, TN 37416
- A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Assemblers, Inc. Platform where the material you claim is infringed is visible. Include enough information to allow Assemblers, Inc. to locate the material, and explain why you think an infringement has taken place;
- A description of the location where the original or an authorized copy of the copyrighted work exists — for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- Your name, address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
12. Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Assemblers, Inc. and agree that you will not, for the lifetime of your account on Assemblers, Inc. plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Assemblers, Inc. Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify Assemblers, Inc. in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Assemblers, Inc. promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Assemblers, Inc.’s trade secrets, confidential and proprietary information, and all other information and data of Assemblers, Inc. that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Assemblers, Inc. or Assemblers, Inc.’s business, operations or properties, including information about Assemblers, Inc.’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
You hereby agree to indemnify, defend, and hold harmless Assemblers, Inc. and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Assemblers, Inc. Platform; (ii) your participation in Assembly, or your ability or inability to perform or obtain the performance of Assembly or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Assemblers, Inc. Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Assemblers, Inc. reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Assemblers, Inc.
14. Dispute Resolution
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Assemblers, Inc. Platform, your relationship with Assemblers, Inc., Assemblies, or this Agreement (including previous versions), (“Dispute”), you and Assemblers, Inc. agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least 30 days before initiating any out of court settlement, arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Assemblers, Inc.’s address for such notice is Attention: Legal Assemblers, Inc., 3916 Volunteer Drive, Chattanooga, TN 37416
15. General Provisions
Failure by Assemblers, Inc. to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Assemblers, Inc. with respect to its subject matter, and supersedes and governs all prior agreements or communications except as otherwise specified in the Arbitration Agreement. However, this Agreement does not supersede other agreements about other subject matter that you may have with Assemblers, Inc. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable.
Assemblers, Inc. alone is responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Assembly. Indeed, certain types of Assemblies and services may be prohibited altogether, and it is the responsibility of Assemblers to avoid such prohibited Assembly and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Assembly and services on the Assemblers, Inc. Platform, you should first seek appropriate legal guidance.
17. Changes to this Agreement and the Assemblers, Inc. Platform
18. No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of the Parties and their successors and permitted assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.
19. Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email.
20. Consent to Electronic Signatures
By using the Assemblers, Inc. Platform, you agree to transact electronically through the Assemblers, Inc. Platform. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
21. Jurisdiction-specific Provisions, including Dispute Resolution
Residents of the United States of America.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND ASSEMBLERS, INC. CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER. PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
IN ADDITION, BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE ASSEMBLERS, INC. PLATFORM.
You agree that you will comply with all Gift Card terms and conditions. In certain U.S. states, after a period, Assemblers, Inc. may remit the cash associated with unused Gift Card balances to the state pursuant to that state’s abandoned property laws. Once Assemblers, Inc. has remitted such cash to a state, the Gift Card may no longer be redeemed and Assemblers, Inc. may direct the Gift Card holder to that state’s government instead. Gift Cards have no cash value and are not redeemable for cash except in the following thirteen U.S. states where it is required by law to the extent noted below. If you are a resident of one of these U.S. states, and the balance on your Gift Card is less than the respective dollar amount below, you may redeem it for cash:
- California < USD 10
- Colorado < USD 5
- Connecticut < USD 3
- Maine < USD 5
- Massachusetts < 10% original value remaining
- Montana < USD 5
- New Jersey < USD 5
- Oregon < USD 5
- Rhode Island < USD 1
- Texas < USD 2.50
- Vermont < USD 1
- Washington < USD 5
Simply send your Gift Card along with a self-addressed, stamped envelope to Assemblers, Inc., 3916 Volunteer Drive, Chattanooga, TN 37416 Attention: Gift Cards.
Assemblers, Inc. will verify your address, confirm that your Gift Card balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If your Gift Card balance is equal to or greater than the cap, or Assemblers, Inc. cannot verify your residency, Assemblers, Inc. will return your Gift Card in the envelope provided. Assemblers, Inc. will be unable to redeem or return your Gift Card without a self-addressed, stamped envelope and is not responsible for mail that does not arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
Telephone Communications and Agreement to be Contacted
(a) Your Consent to Receive Automated Calls/Texts.
You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Assemblers, Inc. and Affiliates, or from independent contractors (including Assemblers) related to promotions, your account, registration, orientation, upcoming or scheduled Assembly, product alterations, changes and updates, service outages, reminders about incomplete or upcoming Assembly, follow ups to any push notifications delivered through our mobile application, any transaction with Assemblers, Inc., and/or your relationship with Assemblers, Inc.. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Assemblers, Inc. may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Assemblers, Inc. and Affiliates, or from independent contractors (including Assemblers) even if you cancel your account or terminate your relationship with Assemblers, Inc., except if you opt-out (see below). You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. To opt-out, please put, “stop” in your text message back to Assemblers, Inc.
(b) Fees and Charges.
There is no fee to receive automated telephone calls or text messages from Assemblers, Inc., our agents, affiliates, and independent contractors (including Assemblers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Assemblers, Inc. and Affiliates, and independent contractors (including Assemblers) are not responsible for such charges.
(c) Unauthorized Use of Your Telephone Device.
You must notify Assemblers, Inc. immediately of any breach of security or unauthorized use of your telephone device. Although Assemblers, Inc. and Affiliates, and independent contractors (including Assemblers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
(d) Your Indemnification to Assemblers, Inc..
You agree to indemnify Assemblers, Inc. and Affiliates, and independent contractors (including Assemblers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Assemblers, Inc. of any changes in your contact information, including telephone number. You agree to indemnify, defend, and hold Assemblers, Inc. and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). Assemblers, Inc. shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section 28A will survive termination of these Terms of Service.
Media and User Generated Content
To the extent permitted by law, you hereby grant Assemblers, Inc. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound affects you provide to Assemblers, Inc. (collectively, “Media”) in exchange for use of the Assemblers, Inc. Platform, in any media now known or not currently known in order to market, operate, and improve upon the Assemblers, Inc. Platform, including but not limited to the right to the following:
- Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content.
- Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Assemblers, Inc. or that Assemblers, Inc. takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
- Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Assemblers, Inc. Platform or any Assemblers, Inc. promotional campaigns;
- Use, and permit to be used, such User’s Media, Physical Likeness, and Voice in the advertising, marketing, and/or publicizing of the Assemblers, Inc. Platform in any media, in any format and through any distribution channels; and
- Use, and permit to be used, such User’s name and identity in connection with the Assemblers, Inc. Platform or any Assemblers, Inc. promotional campaigns.
Further, you hereby waive all moral rights in connection with the Media. Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.
Each User acknowledges that Assemblers, Inc. shall not owe any financial or other remuneration for using the Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases Assemblers, Inc. and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, Physical Likeness, Media, or Voice in connection with the Assemblers, Inc. Platform.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Further, in consideration of the services provided by Assemblers, Inc., you hereby release Assemblers, Inc. from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
Assemblers, Inc. and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
You will promptly disclose to Assemblers, Inc. in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Assemblers, Inc. Platform.
Dispute Resolution – Arbitration Agreement
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND ASSEMBLERS, INC. CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND ASSEMBLERS, INC. TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.
(a) Agreement to Binding Arbitration
IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND ASSEMBLERS, INC. MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.
This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with Assemblers, Inc.
To the fullest extent permitted by applicable law, you and Assemblers, Inc. agree to arbitrate any and all disputes and claims (“collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Assemblers, Inc. Platform, your relationship with Assemblers, Inc., Assemblers, or this Agreement (including previous versions), including Claims by Assemblers, Inc., Claims against Assemblers, Inc. and Claims against Assemblers, Inc.’s Affiliates.
To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Assemblers, Inc.; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Assemblers, Inc. and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.
If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Assemblers, Inc. agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.
YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND ASSEMBLERS, INC. ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.
(b) Prohibition of Class Actions and Non-Individualized Relief
Except as otherwise required under applicable law, you and Assemblers, Inc. agree that any arbitration will be limited to the Claim between Assemblers, Inc. (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ASSEMBLERS, INC. ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Assemblers, Inc. otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
(c) Representative PAGA Waiver
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, to the fullest extent allowed by law: (1) you and Assemblers, Inc. agree not to bring a representative action on behalf of others under the California Private Attorneys General Act (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under PAGA, both you and Assemblers, Inc. agree that any such Claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act Claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the parties agree that court litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules and Logistics Governing Arbitration
In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Assemblers, Inc. agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within 30 days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.
As part of the arbitration, the parties will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all Claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:
(i) If Assemblers, Inc. initiates arbitration under this Arbitration Agreement, Assemblers, Inc. will pay all AAA filing and arbitration fees.
(ii) If a Client or Assembler files a Claim in accordance with this Arbitration Agreement and the associated claim for damages does not exceed USD $10,000, Assemblers, Inc. will pay all AAA filing and arbitration fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
(iii) If a Client or Assembler files a Claim in accordance with this Arbitration Agreement and the associated claim for damages exceeds USD $10,000, Assemblers, Inc. shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses, and the Client or Assembler shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which the Assembly was performed, unless a lower fee amount would be owed by you as required by law or the applicable AAA Rules. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. If the arbitrator finds that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), however, then the allocation of fees will be governed by the applicable AAA Rules.
(iv) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
(v) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.
Unless you and Assemblers, Inc. agree otherwise, any arbitration hearings with a Assembler will take place in the county of the Assembler’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Assembly services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration.
(e) Exceptions to Arbitration
The Arbitration Agreement shall not require arbitration of the following types of claims:
- Claims for workers’ compensation, disability insurance and unemployment insurance benefits;
- Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;
- Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
- Representative action brought on behalf of others under PAGA or other private attorney general acts, to the extent the representative PAGA Waiver in Section 19(d) is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; and
- Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.
In addition to the severability provisions in subsections (b) and (c), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(g) Opt Out of Arbitration Agreement
For Assemblers, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Assemblers, Inc.’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Assemblers, Inc..
Except as specified in this arbitration agreement, if you are a Assembler, you may opt out of the Arbitration Agreement by notifying Assemblers, Inc. in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Assemblers, Inc., Inc., 237 Kearny Street #9003 San Francisco, CA 94108, Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.
(h) Assembler Claims in Pending Class Action
If you are a member of a putative class in a wage and hour class action lawsuit against Assemblers, Inc. that is pending as of the effective date of these Terms of Service (a “Pending Class Action”), then this Arbitration Agreement shall not apply to your claims in that particular class action. Instead, your claims in that Pending Class Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
Except as expressly provided otherwise, this Agreement and your use of the Assemblers, Inc. Platform will be governed by, and will be construed under, the laws of the State of California, without regard to choose of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise.
22. Acknowledgement and Consent
Last Updated: December 2020
2. General Terms
- Assemblers, Inc., Inc. may be referred to as “Assemblers, Inc.,” “we,” “our,” or “us.”
- We call a user of the Assemblers, Inc. Platform “User,” “Users,” “you,” “your,” or “Client” and “Client,” as appropriate.
- The community platform that we offer at our website AssemblersInc.Net is referred to as the “Site(s).”
- The mobile applications (whether on iOS or Android) are referred to as the “Apps.”
- Assemblers, Inc.’s Sites, Apps and related services, information and communications are collectively referred to as the “Assemblers, Inc. Platform.”
3. Information Collection
A. Information you provide to Assemblers, Inc.
Assemblers, Inc. collects certain personally identifiable information about you, including information that is reasonably capable of being associated with you (“Information”). Examples of Information that Assemblers, Inc. collects include but are not limited to:
Contact Information. This may include your first and last name, postal address, telephone number, and email address.
Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.
Identity Information. If you are a Client, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you, or by our Third Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, and to validate your identity.
Financial Information. To help Clients set up a payment account and help Clients make payments to Clients and pay fees to Assemblers, Inc., we may collect financial information, including credit card number, bank routing numbers, tax information, taxpayer identification number, and other payment information, as applicable.
Promotional Information. Certain offerings of the Assemblers, Inc. Platform, such as newsletters, surveys, contests, and the like are optional and so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Assemblers, Inc. Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest or similar offering in connection with our legitimate interest in promoting our business and the Assemblers, Inc. Platform. To opt-out of receiving marketing communications from us, please see the Choice/Opt-Out section below.
Content Information. You also may choose to send Assemblers, Inc. Personal Information in an email or chat message containing inquiries about the Assemblers, Inc. Platform and we use this Information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through Assemblers (such as through our chat functionality), and we will never use or share such information for marketing purposes.
We require that you furnish your Contact Information and Financial Information when you register an account with us in order to provide services through the Assemblers, Inc. Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your Assemblers, Inc. account. We also collect additional information in order to facilitate your booking request, such as information about the assembly you are seeking, the time, date and location of the assembly, and Financial Information. If you are a Client, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your Assemblers, Inc. account and facilitate communications between you and your Clients through the Platform. We also collect information about your Assemblies , rates, and skills, as well as Identity Information and Financial Information.
Third Party Information. If you registered through a co-branded version of our Assemblers, Inc. Platform through one of our Partners (as defined below), they may provide us with basic information such as your name, address, email, and purchase history related to your Assembly needs. We may receive additional information about you, such as demographic data, Financial Information, or fraud detection information, from Third Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the Assemblers, Inc. Platform. Assemblers, Inc. may work with Third Party Agents to perform identity checks, criminal background checks, and right to work checks on Clients, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the Assemblers, Inc. Platform.
4. Information Assemblers, Inc. Collects Automatically
We automatically collect certain information when you use Assemblers. The categories of information we automatically collect and have collected, including in the last 12 months, are as follows:
Service Use Data, including data about features you use, pages on you visit, emails and advertisements you view, portions of the Assemblers, Inc. Platform that you view and interact with, the time of day you browse, and your referring and exiting pages on.
Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Assemblers, Inc. Platform, Assemblers, Inc. may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Assemblers, Inc. Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the Assemblers, Inc. Platform, and for security and fraud prevention purposes.
Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Assemblers, Inc. Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.
We also use various Tracking Technologies (“Tracking Technologies”) to automatically collect information when you use the Assemblers, Inc. Platform, including the following:
Cookies. When you visit pages on our Sites, your browser may automatically transmit information to these pages on throughout the visit. In a similar way, when you use our mobile applications, we will access and use mobile device IDs to recognize your device. We use “cookies” and equivalent technologies to collect information through our Site and Apps. Cookies are small data files stored on your device that act as a unique tag to identify your browser.
Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Additionally, persistent cookies allow us to bring you advertising both on and off the Platform. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings. We utilize persistent cookies that only Assemblers, Inc. can read and use, and access mobile device IDs to:
- save your login information for future logins to the Assemblers, Inc. Platform;
- assist in processing items during checkout;
- hold session information; and
- track user preferences.
Session cookies make it easier for you to navigate our website and expire when you close your browser. We utilize session ID cookies and similar technologies to:
- enable certain features of the Assemblers, Inc. Platform;
- better understand how you interact with the Sites and the Assemblers, Inc. Platform;
- monitor usage by our Users and web traffic routing on the Assemblers, Inc. Platform;
- track the number of entries in Assemblers, Inc. promotions, sweepstakes and contests; and
- identify visited areas of the Assemblers, Inc. Platform.
Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Assemblers, Inc. Platform and then close your browser.
Exhibit A sets out the different categories of cookies that the Assemblers, Inc. Platform uses and why we use them.
We may work with third party advertisers who may also place or read persistent cookies on your browser, and we may use Flash cookies (or local shared objects) to store your preferences or display content based upon what you view on the Sites to personalize your visit.
You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the pages on you visit. If you do not accept cookies, however, you will not be able to use all portions or all functionalities of the Assemblers, Inc. Platform.
Pixels. We and our Third Party Agents may also use “pixel tags,” “web beacons,” “clear GIFs,” or similar means in connection with the Assemblers, Inc. Platform and HTML-formatted email messages to, among other things, track the actions of Users and email recipients, determine the success of marketing campaigns, and compile statistics about Site usage and response rates.
5. Assemblers, Inc.’s Use of Information
- To operate and make available the Assemblers, Inc. Platform. We use your data to connect you with other Users to enable the posting of selection for, completion of, and payment for Assemblies, to fulfill our contracts with Users.
- For billing and fraud prevention, based on our legitimate interests in ensuring a safe and secure environment in which Clients and Clients can meet and conduct business, and to comply with our legal obligations.
- To conduct identification, criminal background, and right to work checks, if applicable, and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Assemblers, Inc. Platform given that Clients often interact directly with Clients and may enter their homes;
- To analyze Assemblers, Inc. Platform usage as necessary for our legitimate interest in improving the Assemblers, Inc. Platform to grow our business;
- To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Assemblers, Inc. Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users and in promoting our business;
- To provide you with customer support in order to fulfill our contracts with Users;
- For internal market research for our legitimate interest in improving the Assemblers, Inc. Platform to grow our business;
- For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;
- To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;
- To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and
- As otherwise set forth in the Agreement.
For more information and to understand your choices regarding third party ads, please see the “Cookies and Other Technologies and Interest-Based Advertising” in Exhibit A. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Analytics and Market Analysis. Assemblers, Inc. may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Assemblers, Inc. Platform.
Assemblers, Inc. uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.
Cell Phone Numbers. Assemblers, Inc. may use your cell phone number to call or send recurring text messages to you, using an auto dialer or prerecorded voice, in order to provide you notifications about Assemblies for marketing purposes (with your consent where required by law), and to administer the Assemblers, Inc. Platform. If you would like more information about our policy, or how to opt out, please review the “Choice/opt Out” section below or Section 9 of our Terms of Service . You may be liable for standard SMS and per-minute charges by your mobile carrier. Assemblers, Inc. may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.
6. Information Sharing
Third Party Agents. We share information, including Identity Information, with entities that process information on our behalf for our business purposes. Third Party Agents assist us with services such as payment processing, data analytics, marketing and advertising, website hosting, fraud prevention and detection, communication services, and technical support. We contractually prohibit our Third Party Agents from retaining, using, or disclosing information about you for any purposes other than performing duties for us, although we may permit them to use information that does not identify you (including information that has been aggregated or de-identified) for any purpose except as prohibited by applicable law.
To operate the Assemblers, Inc. Platform, including processing your transactions, we may share your information with our agents, representatives, vendors and service providers (“Third Party Agents”) so they can provide us with support services as follows:
- Email origination.
- Our fraud detection providers also use information relating to you and your use of and activity on the Assemblers, Inc. Platform to provide fraud detection services to their other clients;
- Receipt, invoice, or support services;
- Customer relationship management services;
- To otherwise help us provide the Assemblers, Inc. Platform.
Promotions. When you voluntarily enter a sweepstakes, contest, or other promotion, we share information as set out in the official rules that govern the promotion as well as for administrative purposes and as required by law (e.g., on a winners’ list). By entering a promotion, you agree to the official rules that govern that promotion, and may, except where prohibited by applicable law, allow the sponsor and/or other entities to use your name, voice, and/or likeness in advertising or marketing materials. We may occasionally contact you, if you want us to, with information about special events, activities, promotions, contests, submission opportunities, and programs. You always have the ability, in your Account, to ask Assemblers, Inc. not to contact you with this type of information. Please see the Your Rights and Choices section for more information.
Other Users. Assemblers, Inc. facilitates contact between Clients and partners and reserves the right to share a Client’s contact information (e.g. name, phone number, email, or postal address) with a Client and vice versa, or with their legal or other representative, in order to facilitate: (1) the resolution of a dispute related to or arising from an interaction between two or more Users of the Assemblers, Inc. Platform; or (2) the performance of a Assembly. This exchange of information is a mandatory part of the Assemblers, Inc. Platform.
Legal Obligations. Assemblers, Inc. and our Third Party Agents may disclose information or User Generated Content, including location data or communication data, to a third party if required or permitted to do so by law or pursuant to a court order, warrant or subpoena. Assemblers, Inc. reserves the right to disclose Personal Information from both private and public areas of the Site(s) and the Assemblers, Inc. Platform in the absence of a court order, warrant or subpoena, to the extent permitted by applicable law, if we are given reason to believe, in our sole discretion, that someone is causing injury to or interfering with the rights of Users, the general public, or Assemblers, Inc. or its partners, parents or affiliates.
It is our policy to provide notice to Users before producing their information in response to law enforcement requests unless (i) we are prohibited or otherwise constrained by law or court order from doing so, (ii) we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety, or (iii) it is an emergency request and prior notice would be impractical (in which case we may provide notice after the fact).
Merger or Acquisition. Assemblers, Inc. reserves the right to share information in connect with, or during negotiations of, any proposed or actual merger, purchase, sale, or any other type of acquisition or business combination of all or any portion of our assets, or transfer of all or a portion of our business to another business.
7. Your Rights and Choices
You may opt-out of receiving promotional communications from us and our Partners, remove your information from our database, choose to not receive future promotional communications related to the Assemblers, Inc. Platform, or cancel your account by logging on to the Site(s) and clicking on the “Account” tab, or by contacting us.
Account Settings. During registration you choose whether to receive marketing correspondence from Assemblers, Inc. and its affiliates and Partners. This information remains on your Profile where you can, at any point, easily edit it. After logging on, click on the “Account” tab, then select “Notifications” to make your preferred selections.
Push Notifications. You have the option to receive updates and relevant offers via push notifications in your app. These notifications can be configured in the settings of your mobile device.
Corrections to Profile. You have the right to access, update, and correct inaccuracies in your Assemblers, Inc. Profile at any time by logging in. There, you can view, update, and correct your Account information. Our databases automatically update any information you edit in your Profile.
Promotional Communications. You can opt out of receiving promotional communications from Assemblers, Inc. sent via email by clicking on the unsubscribe link in any message. You can opt out of receiving promotional communications from Assemblers, Inc. sent via text message at any time by following the instructions provided in those messages to text the word “STOP”. Please note that you opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt-out of only certain communications, other subscription communications may continue. Even if you opt-out of receiving promotional communications, Assemblers, Inc. may continue to send you non-promotional communications, such as those about your account, Assemblies , transactions, servicing, or Assemblers, Inc.’s ongoing business relationship with you. If you receive unsolicited email from an Assemblers, Inc. domain, please let us know.
Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations.
Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operations should do about these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or act with respect to “Do Not Track” signals. For more information on “Do Not Track,” visit https://www.allaboutdnt.com.
App and Location Technologies. You can stop all collection of information via an app by uninstalling the app. You can also reset your device Ad Id at any time through your device settings, which is designed to allow you to limit the use of information collected about you. If you do not want us to use your location anymore for the purposes set forth above, you should turn off the location services for the mobile application located in your device’s account settings, your mobile phone settings, and/or within the mobile application.
8. Assemblers, Inc.’s Information Retention Policy
We retain personal data for as long as you are a User in order to meet our contractual obligations to you, and for such longer period as may be in our legitimate interests and to comply with our legal obligations (see Exhibit B for exemplar document retention periods). We may also retain data from which you cannot directly be identified, for example where stored against a randomly-generated identifier so we know the data relates to a single User, but we cannot tell who that User is. We use this kind of data for research purposes and to help us develop and improve our services, and we take appropriate measures to ensure you cannot be re-identified from this data.
9. Assemblers, Inc.’s Security of Collected Information
Your Assemblers, Inc. account is password-protected so that only you and authorized Assemblers, Inc. staff have access to your account information. In order to maintain this protection, do not give your password to anyone. Also, if you share a computer, you should sign out of your Assemblers, Inc. account and close the browser window before someone else logs on. This will help protect your information entered on public terminals from disclosure to third parties.
10. Notification of Changes
11. Children’s Privacy
This service is intended for a general audience and is not directed at children under 13 years of age. In certain jurisdictions, this minimum age may be higher. Please check the Jurisdiction-specific Provisions below for more information.
We do not knowingly gather personal information (as defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If you are a parent or guardian and you believe that we have collected information from your child in a manner not permitted by law, please let us know by contacting us. We will remove the data.
12. Contacting Us
Assemblers, Inc.’s staff will respond to all mail or email from Users with questions about privacy, including the types of Personal Information stored on the Assemblers, Inc. database, and requests to delete or rectify such Personal Information.
13. Jurisdiction-specific Provisions
A. Residents of the United States of America
Information of U.S. Users. Our collection, use, and retention of the Information of U.S. Users is in accordance with applicable U.S. laws, as is our determination of what is deemed to be “personal data and/or information”. Such collection, use, and retention laws are different from those afforded to EU Users under the General Data Protection Regulation of 2018 (“GDPR”).
Assemblers, Inc. expressly disclaims any liability that may arise should any other individuals obtain the information you submit to the Assemblers, Inc. Platform.
Interest-Based Advertising in the United States. For more information about interest-based ads, or to opt out of having your web-browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.
Assemblers, Inc.’s Security of Collected Information. While Assemblers, Inc. will use commercially reasonable efforts to ensure the security of all Financial Information and Personal Information, we expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein, and you agree to hold Assemblers, Inc. harmless for any damages that may result therefrom. If you have any further questions on this issue.
B. Additional Disclosures for California Residents
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“CCPA”) provides additional rights to know, delete and opt out, and requires business collecting or disclosing Personal Information to provide notice of rights California residents have and can exercise.
California Notice of Collection. We have collected information corresponding to the following categories of information enumerated in the CCPA.
- Identifiers, including name, address, email address, account name, Social
- Security Number, IP address – and an ID number assigned to your account.
- Customer records, phone number, billing address, credit or debit card information, employment, or education information.
- Demographic information, such as your age or gender. This category includes pieces of Personal Information that also qualify as protected classification characteristics under other pre-existing California or federal laws.
- Analytics and Advertising, including purchases and engagement with Assemblers.
- Internet activity, including history of visiting and interacting with our Service, browser type, browser language and other information collected automatically.
- Geolocation data, including location enabled services such as WiFi and GPS.
- Inferences, including information about your interests and preferences.
For more information on what we collect, including the sources we receive information from, review the Information Collection section. We collect and use these categories of Personal Information for the business purposes described in the Assemblers, Inc.’s Use of Information section, including to provide and manage our Services.
Assemblers, Inc. does not generally sell information as the term “sell” is traditionally understood. However, to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those disclosed in the Assemblers, Inc.’s Use of Information section as a “sale,” we will comply with applicable law as to such activity.
Assemblers, Inc. discloses the following categories of information for commercial purposes:
- Commercial Information;
- Demographic Data;
- Location Data;
- Inferences; and
- Internet activity.
We use and partner with different types of entities to assist with our daily operations and manage our Service. Please review the Information Sharing section for more detail about the parties we share information with.
Right to Know and Delete. If you are a California resident, you have the right to know certain information about our data practices in the preceding 12 months. In particular, you have the right to request the following from us:
- The categories of Personal Information we have collected about you;
- The categories of sources from which the Personal Information was collected;
- The categories of Personal Information about you we disclosed for a business purpose or sold;
- The categories of third parties to whom the Personal Information was disclosed for a businessperson or sold;
- The business or commercial purpose for collecting or selling the Personal Information; and
- The specific pieces of Personal Information we have collected about you.
In addition, you have the right to delete the Personal Information we have collected from you. However, this is not an absolute right and Assemblers, Inc. may have legal grounds for keeping such data.
To exercise any of these rights, please submit a request to Assemblers, Inc. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
Authorized Agent. You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
Right to Non-Discrimination. You have the right to non-discriminatory treatment by us, should you exercise any of your rights.
Shine the Light. Customers who are residents of California may request info: a list of the categories of Personal Information disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes, and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please contact us at Assemblers, Inc. 3916 Volunteer Drive, Chattanooga, TN 37416. Requests must include “California Shine the Light Request” in the first line of the description and include your name, street address, city, state, and ZIP code. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year. Please note that Assemblers, Inc. is not required to respond to requests made by means other than through the provided email address or mail address.
Social Media and Digital Advertising cookies and widgets
- DoubleClick: Google’s DoubleClick re-targeting cookie lets us serve personalized ads to you when you are browsing other pages on and social media platforms. You can control ad personalization on Google and partner pages on In Google’s Privacy and Terms page.