Last Updated December 2017
Whether you are a visitor, gutter cleaning professional, or a gutter cleaning recipient (visitor, gutter cleaning provider, and gutter cleaning recipient, collectively, “users” or “you”), by using the Services in any manner, including but not limited to visiting or browsing the Services, you agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services. If you are a gutter cleaning professional, you will be required to agree to supplementary terms governing your use of the Company platform and provision of gutter cleaning services. These additional terms can be found at http://guttercleaningusa.com/end-user-license-agreement/ and http://guttercleaningusa.com/gutter-cleaning-services-agreement.
If you have any questions, please refer to the help section of the Services or contact us at email@example.com.
1. Company is a Platform
Company acts as a platform to allow gutter cleaning professionals who comply with Company’s policies to connect with other users who may desire gutter cleaning services. Company is not directly involved in any transactions between users. As a result, Company has no control over the quality of the gutter cleaning services provided by the gutter cleaning providers or the truth or accuracy of the information provided by users, or the ability of gutter cleaning professionals to complete gutter cleaning services in a timely manner, if at all.
Company cannot guarantee the true identity, age, and nationality of an user. Company encourages users to communicate directly through the tools available on the Services. You may also wish to consider independent user verification or using a third-party service that provides additional user verification.
You agree that Company is a platform and as such is not responsible or liable for any gutter cleaning services or other content posted by you, other users, or third parties on the Services. Your use of the Services is at your own risk.
2. Membership Eligibility
Services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in those jurisdictions.
Individuals under the age of 18 must at all times use the Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
In addition, some services offered by Company may be subject to additional terms and conditions issued by Company or a third party; your use of those services is subject to the additional terms and conditions, which are incorporated into this Agreement by this reference.
Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to keep your password confidential. You agree to immediately notify Company of any unauthorized use of your password or any breach of security. You also agree that Company cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Company without Company’s express written permission.
You must keep your account information up-to-date and accurate at all times, including a valid email address.
Services are not available to temporarily or permanently banned users. Company reserves the right, in Company’s sole discretion, to cancel unconfirmed or inactive accounts. Company reserves the right to refuse service to anyone, for any reason, at any time.
3. Prohibited, Questionable and Infringing Activities
You are solely responsible for your conduct and activities on and regarding to the Services and any and all information that you submit, post, upload, and display on the Services.
Your use of Company will not:
- be false, inaccurate or misleading;
- infringe upon any third-party’s intellectual property rights or rights of publicity or privacy;
- violate this Agreement, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation;
- be defamatory, libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Company staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- take any action that may undermine online reviews or feedback;
- be obscene or contain child pornography; and
- contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
4. License Grant & Restrictions
The Company hereby grants you a non-exclusive, non-transferable, right to use the Services, solely for your own personal, non-commercial purposes, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by the Company and its licensors. You will not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services in any way; (ii) modify or make derivative works based upon the Services; (iii) create Internet “links” to the Services; (iv) reverse engineer the Services; (v) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services, or (vi) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services.
5. Payment Terms
Any fees which the Company may charge you for the Services are due immediately upon completion of your gutter cleaning service and are non-refundable. This no refund policy will apply at all times regardless of your decision to terminate your usage, the Company’s decision to terminate your usage, disruption caused to our Services either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing – Please note the pricing information published on the website may not reflect the prevailing pricing. The Company, at its sole discretion, make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. The Company may change the fees for our Services as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Services.
6. Intellectual Property Ownership
The Company alone (and its licensors, where applicable) will own all right, title and interest, including all related intellectual property rights, in and to the Services. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Services, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Services are trademarks of the Company or third parties, and no right or license is granted to use them.
7. Personal Information
By using the Services, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.
Company considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Services (“Feedback”) to be non-confidential and non-proprietary, and Company will not be liable for the disclosure or use of any Feedback. If, at Company’s request, any user sends Feedback to improve the Services, Company will also consider that Feedback to be non-confidential and non-proprietary and Company will not be liable for use or disclosure of the Feedback. Any communication by you to Company is subject to this Agreement. You hereby grant and agree to grant Company, under all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit Feedback for any purpose, commercial or otherwise, without compensation or accounting to you and without further recourse by you.
9. Information Control
Company does not control the information provided by users. You may find some information provided by users to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with foreign nationals. By using the Services, you agree to accept these risks and that Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users of the Services.
Company is not responsible for the availability of outside websites or resources linked to or referenced on the Services. Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from these websites or resources. You agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any other websites or resources.
10. Access and Interference
Company may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Company is updated on a real-time basis and is proprietary or is licensed to Company by users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Services for any purpose whatsoever, except to the extent expressly permitted in writing by Company. Additionally, you agree that you will not:
- take any action that imposes, or may impose, in Company’s sole discretion, an unreasonable or disproportionately large load on Company’s infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any user information (except your own);
- interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; or
- bypass Company’s robot exclusion headers or other measures Company may use to prevent or restrict access to the Services.
13. No Warranty
COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS1, DIRECTORS, EMPLOYEES, AND COMPANY’S SUPPLIERS PROVIDE COMPANY’S THE SERVICES “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. COMPANY, COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND COMPANY’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM COMPANY WILL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
14. Limitation of Liability
IN NO EVENT WILL COMPANY, OR COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR COMPANY’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
COMPANY’S LIABILITY, AND THE LIABILITY OF COMPANY’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold Company and Company’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
16. No Guarantee
Company does not guarantee continuous, uninterrupted access to the Services, and operation of the Services may be interfered with by numerous factors outside Company’s control.
17. Dispute Resolution and Release
Company is not responsible for your interactions with other users. Any dispute between you and another user must be resolved between yourselves. Company reserves the right, but have no obligation, to monitor disputes between users.
For any dispute between you and the Company:
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration between you and the Company, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Unless you and the Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and the Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section below as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
Notwithstanding the provisions of the modification-related provisions above, if the Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject these changes by providing us written notice of your rejection by mail: Service Jobs, Inc., 1339 Springfield St. #605 Feeding Hills, MA 01030, or by email from the email address associated with your Account to: firstname.lastname@example.org, within 30 days of the date the change became effective, as indicated in the “Last update” date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and the Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).You release Company (and Company’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
If any provision of this Agreement is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement will remain in full force and effect. You and Company are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Company reserves the right to modify or terminate the Services for any reason, without notice, at any time. This Agreement will be governed by and construed in accordance with the laws of the State of Massachusetts, including its conflicts of law rules. You agree that any dispute arising from or relating to the subject matter of this Agreement will be governed by the exclusive jurisdiction and venue of the state and Federal courts of Hampden County, Massachusetts. Unless otherwise specified herein, all notices 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 e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Company reserves the right to alter this Agreement and any other policies at any time, so please review the policies frequently. If Company makes a material change Company will notify you here, by email, by means of a notice on our home page, or other places Company deems appropriate. What constitutes a “material change” will be determined at Company’s sole discretion, in good faith, and using common sense and reasonable judgment.