Shear Talent Terms of Use

1. The Shear Talent Platform is a Venue and Scheduling Tool

1.1 Nature of the Services: Shear Talent provides a scheduling application and matching platform that connects farmers and livestock owners ("Farmers") with independent shearing professionals and service providers ("Providers").

1.2 No Employment or Subcontractor Relationship: Shear Talent is not an employer, contractor, or subcontractor of any Provider. Providers operate as independent businesses and are not agents, employees, or subcontractors of Shear Talent. We do not provide shearing services, nor do we employ individuals to perform them.

1.3 No Background Checks or Endorsements: Shear Talent does not vouch for, support, guarantee, or back the skills, quality, safety, or legality of the services provided by any Provider. SHEAR TALENT DOES NOT PERFORM BACKGROUND, CRIMINAL, OR IDENTITY CHECKS ON PROVIDERS. We do not independently verify the credentials, insurance, or qualifications of Providers. Farmers are solely responsible for evaluating, interviewing, and selecting a Provider, as well as taking any necessary safety precautions.

1.4 Disputes and Release: Any disputes regarding services, scheduling, pricing, or damages are strictly between the Farmer and the Provider. Because Shear Talent is not a party to the transactions, in the event that you have a dispute with one or more users, you release Shear Talent (and our officers, directors, agents, and employees) from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

If you are a California resident, you waive California Civil Code §1542, which says: "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, which if known by him or her must have materially affected his or her settlement with the debtor."

2. Communications, Tracking, and Data Consent

2.1 TCPA Consent: By providing your phone number, you expressly consent to receive communications from Shear Talent and its Providers, including via text messages (SMS), phone calls, and push notifications. You may opt out of SMS communications by replying "STOP".

2.2 In-App Messaging and Monitoring: To ensure user safety, prevent fraud, enforce these Terms (including the prohibition of off-platform payments), and assist in resolving disputes, Shear Talent explicitly reserves the right to review, scan, store, and monitor any and all communications, messages, and files exchanged between users through the Platform. You have no expectation of privacy in these communications.

2.3 GPS and Location Tracking: The Platform utilizes location data to match users and verify job progress (e.g., Provider check-in and check-out). You consent to the collection and use of this GPS/location data. Furthermore, you agree that Shear Talent may use your location data, check-in timestamps, and in-app messages as definitive evidence to mediate and resolve disputes regarding no-shows, late arrivals, or uncompleted jobs.

3. Payments

Shear Talent does not directly process, store, or handle credit card information. All payments made through the Platform are processed securely by our third-party payment processor, Stripe. By paying for services or platform fees, you agree to Stripe's Services Agreement and Privacy Policy. Shear Talent is not liable for any issues, errors, or breaches arising from the payment processing system.

3.1 Credit Card Chargebacks and Payment Disputes: Users agree to utilize the Platform's built-in dispute resolution processes before contacting their credit card company or bank to initiate a chargeback. If a User files a chargeback or payment dispute for a service that was validly performed, the User remains legally liable to Shear Talent for the full amount of the disputed transaction, plus any fees or penalties levied by the payment processor (typically $15 to $50 per dispute). Shear Talent reserves the right to suspend the User's account and refer the outstanding balance to a third-party collections agency, which may negatively impact the User's credit score.

3.2 Platform Fees: In consideration for the use of the marketplace, Shear Talent charges service fees ("Platform Fees") on transactions processed through the Platform. The exact fee amounts or percentages will be clearly displayed to you at checkout prior to booking. Shear Talent reserves the right to establish, modify, or remove these fees at our sole discretion.

4. Animal Ownership and Safety

Shear Talent assumes no responsibility or liability for the safety, health, or well-being of any animals, nor the safety of the Providers performing the services.

• Farmers are solely responsible for providing a safe working environment, accurately reporting animal counts and temperaments, and ensuring all livestock are properly contained and ready for service.
• Providers are solely responsible for employing safe handling practices, utilizing proper equipment, and assessing the safety of a job site before commencing work.

5. User-Generated Content and Intellectual Property

5.1 Your Content: You may be permitted to upload photos, reviews, profile information, and other content ("User Content"). By uploading User Content, you represent and warrant that you own the rights to the content or have the necessary permissions.

5.2 License to Shear Talent: You grant Shear Talent a non-exclusive, worldwide, royalty-free license to use, display, and distribute your User Content on the Platform.

5.3 DMCA Takedown: Shear Talent respects the intellectual property of others. If you believe your copyright has been infringed, please contact our designated Copyright Agent at team@findsheartalent.com with a formal DMCA takedown notice.

5.4 Reviews and Defamation: To maintain a trustworthy marketplace, Farmers and Providers may leave public reviews regarding their experience. You agree that any review you leave will be factually accurate, directly related to the service provided, and free from harassing or defamatory language. Shear Talent is an interactive computer service (as defined in the Communications Decency Act, 47 U.S.C. § 230) and is not the publisher or speaker of any User Content, including reviews. We assume no liability for defamation, libel, or inaccuracies contained in user reviews.

5.5 Right to Remove Content: Shear Talent acts as a neutral venue. However, we reserve the absolute right—but not the obligation—to monitor, edit, hide, or permanently delete any User Content, including reviews, profile photos, and messaging, at our sole discretion, at any time, for any reason, and without notice to you.

6. Prohibited Activities

You agree not to use the Platform to:

• Violate any local, state, or federal laws.
• Submit fraudulent booking requests or misrepresent your identity.
• Harass, threaten, or discriminate against other users.
• Scrape, data-mine, or interfere with the proper functioning of the Platform.
• Bypass the Platform to book services directly with a Provider you found through Shear Talent to avoid fees (Non-Circumvention).

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHEAR TALENT AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY SERVICES OBTAINED THROUGH THE PLATFORM. SHEAR TALENT'S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL PLATFORM FEES RETAINED BY SHEAR TALENT FROM YOUR TRANSACTIONS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

8. Indemnification

You agree to indemnify, defend, and hold harmless Shear Talent, its officers, directors, and employees from any claims, damages, losses, liabilities, and expenses arising from your use of the Platform, your interaction with any other user, or your violation of these Terms.

9. Binding Arbitration and Class Action Waiver

9.1 Arbitration Agreement: You and Shear Talent agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association (AAA), rather than in court.

9.2 Class Action Waiver: YOU AND SHEAR TALENT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

9.3 Exceptions: Claims falling within the jurisdictional scope of small claims court may be brought in small claims court.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.

11. Account Suspension and Termination

Shear Talent reserves the right to suspend, restrict, or terminate your account and access to the Platform at any time, for any reason whatsoever, with or without cause or prior notice.

12. Modifications to Terms

Shear Talent reserves the right to modify these Terms at any time. For minor changes (e.g., formatting or clarifications), changes will be effective immediately upon posting. However, for any material changes (changes that significantly affect your rights, such as fee structures or dispute resolution), we will provide you with at least 30 days' advance notice via email or a prominent notification on the Platform. Your continued use of the Platform after the effective date of any changes constitutes your binding acceptance of the revised Terms.