Sea Clear Cleaning Services parent company is Sea Clear Entreprizez LLC. A Limited Liability company located in the United States under registration number …. The terms and conditions stated herein (the “Agreement”) constitute a legal agreement between you, the User of this Website (including any subdomains, unless expressly excluded by their own terms and conditions) and the owner and operator of this Website; Sea Clear Cleaning Services, (parent company Sea Clear Cleaning Entreprizes LLC) (the “Company”), a United States Limited Liability Company.
Please read the terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of this Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
In terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by The Company and is acting in the course of their employment or (ii) engaged as Consultant, Contractor, or otherwise providing services to and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these to the terms and conditions, you represent and warrant that you are at least 18 years of age.
We have set the terms under which we are providing you with access to the Sea Clear Cleaning Services Platform (Client Hub) and any services we offer from our website, including our provision of a centralized booking point for selected third-party service providers (the "Professionals").
These include the terms and conditions that govern:
2. How we will use and protect information about you (our "Privacy and Cookies Policy"); and
3. Our Booking Terms and Conditions in relation to the third-party services we offer from the Sea Clear Cleaning Services Website, Services and Software (our "Booking Terms and Conditions").
4. Together or individually, these may be referred to as our "Terms and Policies".
These Terms and Policies do not cover the terms on which we engage our Professionals (i.e., Independent Contractors/Cleaners). If you enter the Company’s Discount Promotions (online or offline), separate terms may also apply in addition to these Terms and Policies.
By accessing, browsing, receiving, or using any services supplied to you by the Company, including services from the website at www.seaclearcleaning.com (the “Service”), and downloading, installing, or using any associated software supplied by the Company which purpose is to enable you to use the Service (collectively, the “Software”), You acknowledge that you have read and agree to be bound by the Terms and Conditions of this Agreement, any future amendments and additions to this agreement, as published from time to time at www.seaclearcleaning.com/
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to its Services or Software at any time, effective upon posting of an updated version of this Agreement on the Services or Software. You are responsible for regularly reviewing this Agreement. Continued use of Services or Software after any such changes shall constitute your consent to such changes. If you require any more information or have any questions about our Terms and Conditions, please feel free to contact us by email at firstname.lastname@example.org
Intellectual property and acceptable use
1. All Content included on this Website, unless uploaded by Users, is the property of Sea Clear Cleaning Services, Sea Clear Cleaning Enterprizes (The Company), our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on this site without the owner’s prior written permission.
2. You may, for your own person, non-commercial use only, do the following:
3. You not must otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written person of Sea Clear Cleaning Services and its parent Company.
4. You may not use the Website for any of the following purposes:
a. in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyed of the Website;
b. in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in any breach of any applicable law, regulation, governmental order;
c. making, transmitting, or storing electronic copies of Content protected by copyright without permission of the owner. Upload, post, email, transmit or otherwise make available materials that infringe or misappropriate any patent, trademark, trade secret, copyright or other proprietary rights of any party.
d. You agree not to do or attempt (or request that any third party do or attempt) to breach I.T. security, modify, or distribute/email unauthorized information/list of users, circumvent access or restrict access, data encryption, or content protection related to the Software and Services of the Company. Including the following prohibitions:
Availability of the Website and disclaimers
5. Any online facilities, tools, services, or information that The Company makes available through the Website (the Service) is provide “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of the fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality. The company is under no obligation to update information on this Website.
6. Whilst the Company uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, we give no warranty or guaranty in the regard and all Users take responsibility from their own security, that of their personal details and their computers.
7. The Company accepts no liability for any disruptions or non-availability of the website.
8. The Company reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of Liability
9. Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
10. We will not be liable to you in respect of any losses arising out of the events beyond our reasonable control.
11. To the maximum extent permitted by law, The Company accepts no liability for any of the following:
a. Any business losses, such as loss of profit, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities.
b. Loss or corruption of any data, database or software;
c. Any special, indirect or consequential loss or damage.
12. You may not transfer any of your rights under these terms and condition to any other person. We many transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
13. These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
14. These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
15. The Contracts (Rights of Third Parties) Act 1999 shall not apply to those terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
16. If any court or competent authority finds that any provision of these terms and condition (or any part of the provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
17. Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
18. This Agreement shall be governed by and interpreted according to the law of the Washington D.C. Government and the United States and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of Washington D.C. Courts.
19. Sea Clear Cleaning Services is incorporated in with a registered number ……
Whose registered address is in Washington D.C. and it operates the Website www.seaclearcleaning.com/
You can contact The Company by email on email@example.com
By using the Sea Clear Cleaning Services Website and/or Applications, you confirm that you accept these terms, including the terms of our Privacy and Cookies Policy, and that you agree to comply with them. If you any need assistance in understanding these Term and Conditions, please email at: firstname.lastname@example.org
Sea Clear Cleaning Services is a United States Limited Liability Company. We provide interior Home Cleaning and Small Business (Commercial) Cleaning Services only. Our services include Standard Cleaning, Deep Cleaning, Moving In/Out Sanitization and Disinfection, but are not limited to only these types of cleaning services. From time, we may provide additional cleaning services according to our customers requirements.
The Company completes background checks of Independent Contractors (Self-Employed Workers) before working in partnership with them. However, the Company does not guarantee or warrant, and makes no representations regarding the reliability, quality, or suitability of such cleaning service providers, “Independent Contractors, Workers.” Even when accurate, background checks do not necessarily predict future behavior. When interacting with cleaning service providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you do not know. By using the Service, you agree to hold the Company free from the responsibility for any liability, or damage that might arise out of the transaction involved.
The Company its Owners/Employees, nor its Affiliates, or Licensors is responsible for the conduct, whether online or offline of any user of the service. The company inclusive of its owners/employees, Affiliates and Licensors will not be liable for any claim, injury, or damage arising with connection with your use of the service providers (Self-Employed and Independent Contractors/Workers).
20. Invoicing and Payment
Any fees which the Company may charge you for the Service are due immediately upon completion of your cleaning services and are non-refundable. 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, may make promotional offers with different features and different rates to any of its customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for its Service as it deems necessary for its business. We encourage you to check back on our website periodically, if you are interested about how we charge for Cleaning Services.
21. Representations and Warrants
By using Services or Software, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction which restricts the use of the Service because of age or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use Services and/or Software.
The Service and Software is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Software or Services, you represent and warrant that you are at least 18 years old and otherwise capable of entering into a binding contract. By using Services or Software, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using Services and/or Software is for your sole, personal use. You may not authorize others to use your user status (i.e., to access your client hub), and you may not assign or otherwise transfer your user account to any other person or entity. When using Services or Software, you agree to comply with all applicable laws from the country, state and city in which you are present while using Services or Software.
22. License Grant and Restrictions (Customer Relations Software and Services)
The Company hereby grants you a non-exclusive, non-transferable, right to use Services and Software, 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 shall not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Service or the Software in any way. You may use the Software and Service only for your personal, non-commercial purposes and shall not send any unauthorized, harmful, and unlawful information.
Copyright Act (DMCA) is a 1998 United States copyright law. It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.” Source Wikipedia
The Company collects and uses personal information. If you believe in good faith that any content made available in connection with Services or Software infringes your copyright, you (or your agent) may send the Company a notice requesting that the content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details).
Notices and counter notices with respect to the Service or Software should be sent to in the first instance to the Company the following email address: email@example.com
24. Third Party Interactions
During use of the Software and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers or sponsors showing their goods and/or services through the Software or Services. Any such activity, and any terms, conditions, warranties, or representations associated with such activity, is solely between you and the applicable third-party. The Company, its employees, affiliates, and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party.
The Company does not endorse any sites on the Internet that are linked through Services or Software, and in no event shall the Company or its licensors be responsible for any content, products, services, or other materials on or available from such sites or third-party providers. The Company provides the Software and Services to you pursuant to the terms and conditions of this Agreement.
The Company may rely on third party advertising and marketing supplied through the Software or Services and other mechanisms to subsidize the Software or Services. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising, you should notify us in writing via email.
The Company may compile and release information regarding you and your use of the Software or Services on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Software or Service, you agree to defend, indemnify, and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys ,and agents harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Software, or (c) your use or misuse of the Software or Service.
The Company reserves the right to
1. Modify or discontinue, temporarily or permanently, Services (or any part thereof)
2. Refuse any and all current and future use of Services, suspend or terminate your account (any part thereof) or use of Services, for any reason, including if the Company believes that you have violated this Agreement. The Company shall not be liable to you or any third party for any modification, suspension, or discontinuation of Services. The Company will use good faith efforts to contact you to warn you prior to suspension or termination of your account by the Company.
27. Disclaimer of Warranties (Use of Software and Services)
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or software. the company does not represent or warrant that
1. The use of the service or software will be secure, timely, uninterrupted, or error-free, any store date will be accurate or reliable, or operate in combination with any other hardware, software, system or data, the service or software (including any cleaning services) will meet your requirements or expectations,
2. the company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or software.
3. the quality of any products, services, information, or other material purchased or obtained by you through services (including any cleaning services) will meet your requirements or expectations,
4. errors or defects in service or software will be corrected, or the service or the server(s) that make the service available are free of viruses or other harmful components.
5. services and software is provided to you strictly on an “as is” basis. all conditions, representations, and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company.
6. you acknowledge and agree that the entire risk arising out of your use of the software and service, and any third-party services or products, remains solely with you, to the maximum extent permitted by law.
28. Network Delays
The company’s services and software may be subject to limitations, delays, and other problems inherent in the use of the internet, telecommunications networks and electronic communications and in person services. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
The Company may give notice to you by means of a general notice on the Service, electronic mail to your email address on record in the Company’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: email, text, or letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to the Company Address.
30. Dispute Resolution and Arbitration
Informal Negotiations: To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and the Company agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice, as set forth above.
31. Binding Arbitration: If you and the Company are unable to resolve a Dispute through informal negotiations, all claims arising from use of Services or Software (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial.
The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) 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. 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). If your claim for damages does not exceed $10,000, the Company will pay all such 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)).
The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
32. Exceptions to Alternative Dispute Resolution. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Washington D.C. with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
Waiver of right to be a plaintiff or class member in a purported class action or representative proceeding. You and the Company agree that any arbitration will be limited to the Dispute between the Company and you (individually). You acknowledge and agree that you and the company are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and the Company 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” Section will be deemed null and void.
Location of Arbitration. Arbitration will take place in Washington D.C. You and the Company agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the State and Federal courts located in Washington D.C. have exclusive jurisdiction and you and the Company agree to submit to the personal jurisdiction of such courts.
33. Governing Law
You and the Company agree that other than as set forth under the subsection entitled “Waiver of right to be a Plaintiff or Class Member in a purported Class Action or Representative proceeding” above, if any portion of the section entitled “Dispute Resolution” is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled “Exceptions to Alternative Dispute Resolution” above is found to be illegal or unenforceable, neither you nor the Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Washington D.C., and you and the Company agree to submit to the personal jurisdiction of that court.
Except as expressly provided otherwise, this Agreement will be governed by, and will be construed under, the laws of Washington D.C., without regard to choice of law principles.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) any other successor or acquirer. Any purported assignment in violation of this section shall be void.
You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the “Feedback”). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction.
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of Services or Software. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and the Company regarding the subject matter contained herein.
37. Other Parties
You accept that, as a limited liability company, the Company has an interest in limiting the personal liability of its members and/or managers. You agree that you will not bring any claim personally against the Company’s officers, or employees in respect of any losses you suffer in connection with Services or Software. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this Agreement will protect the Company’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.
38. Breaches of Terms and Conditions
Without prejudice to the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request that they block your access to the Service or Software and/or bringing court proceedings against you.
39. Access to Software
a. Access to the Company’s Software (i.e, Client Member Sites, Hubs) is permitted on a temporary basis. We reserve the right to withdraw or amend access (and any services offered on it) without notice to you. We reserve the right to withdraw, vary or suspend the Client Hub (or any part of it) at any time without notice. We will not be liable if for any reason the Company, or any part of it is unavailable at any time or for any period.
a) You are responsible for making all arrangements necessary to access and view your client hub and you should ensure that you have up to date anti-virus software on any device from which you access the company website and/or applications.
b) Materials and information posted on the company website and any of its applications are not intended as advice, including legal advice, and should not be relied upon as such. To the fullest extent permitted by law, we shall not be responsible or liable if you place any reliance on such information.
c) You must not: (i) Use the website/applications to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent; (ii) Advertise or offer to sell any goods or services for any commercial purpose, or solicit employment or contract work which is not relevant to the services offered through the company website/applications; (iv) Introduce viruses, Trojans, worms, logic bombs, time bombs, keystroke loggers, spyware/adware or any other programme or code which adversely affects (or is intended to adversely affect) the operation of any computer software or hardware;
(v) Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with The Company Platform, its servers or any connected networks or attempt to do any of the foregoing; (vi) Gain, or attempt to gain, unauthorized access to the server on which The Company Platform is stored, or any server, computer or database connected with The Company Platform; or
41. Your Client Account
a. Some functionality of The Company Platform may require a Sea Clear Cleaning Services registered account ("Account") to access. If you are aged 18 or over, you may register to create an Account, which will require you to provide certain personal data, which must be true, accurate, current, and complete, and will be held and used in accordance with any consent obtained from you and the terms of our Privacy and Cookies Policy.
Access to your Account will be controlled with a unique username and password. You are responsible for keeping your Account password confidential and secure against unauthorized use, and for all activity that occurs using that Account.
a) We reserve the right to refuse to grant you an Account, or to cancel your Account, at any time, including if in our reasonable opinion, you have failed to comply with any provision of our Terms and Policies.
b) If you know or suspect that anyone other than you knows how to access your Account, you must change your Account password and contact us immediately through our email: firstname.lastname@example.org
d) The Company gift codes/voucher codes ("Codes") where applicable may be redeemed on the Platform when ordering Services subject to the following terms and conditions: (i) Codes can be used to order Services of the same or higher price than the amount of money attributed to the Code with any balance to paid in accordance with sub-clause 3(e); (ii) Codes are valid for 1 year from the date issued by us; (iii) We do not accept liability for lost, stolen or damaged Codes; (iv) Codes cannot be exchanged for cash or refunded (unless in accordance with your legal rights); and (v) the relevant Code terms and conditions will also apply and, where applicable, take precedence over this sub-clause 3(g). g. Text Messages and Phone Calls.
Phone Calls/Text Messaging: By providing your phone number and using The Company Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us.
You acknowledge that opting out of text (SMS) messages may impact your ability to use The Company Platform. You agree to The Company use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professor or Service Requestor using a telephone number provided by The Company. During this process, The Company and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to The Company use and disclosure of this call data for its legitimate business purposes.
42. Submission Areas
a. The Company Platform may have some areas where you may communicate with other users of The Company Platform and with The Company, such as blogs, social media platforms, message boards, opportunities to provide reviews and/or other message or communication facilities. Any material which is posted to The Company Platform ("User Content") through your Account will be attributed to you, and you are personally responsible for it. Some areas in the Submission Areas within The Company Platform will be public and The Company will not be responsible for any information or materials posted in such public areas. The Company may, in its discretion, publicly post submissions you submit to a non-public area of The Company Platform.
b) Views and opinions expressed in any User Content are those of the individual submitting that content. They are not our views and opinions and we do not accept responsibility for them. However, if you find any User Content on The Company Platform that you consider is in breach of the Acceptable Content warranty below, please notify us by emailing email@example.com using the subject heading "Unacceptable Content", setting out details of the User Content and where it can be found. We will endeavor to investigate promptly.
c) If you do not comply with the Acceptable Content warranty, or if any of your User Content causes us concern, we reserve the right to pass on that User Content to the relevant authorities. If a third-party claims that your User Content infringes their rights, we reserve the right to disclose your identity to that third party (or their legal counsel).
d) You hereby grant to us the non-exclusive, irrevocable, transferrable and sub-licensable, royalty-free permission to use, reproduce and publish your User Content (including the right to alter, adapt, amend or change your User Content) in any media or format anywhere in perpetuity and without restriction.
43. Acceptable Content
You represent and warrant that your User Content:
a) does not contain or condone sexually explicit material or violence, or condone discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
b) is not threatening, abusive or intimidating, or provided with an intent to harass any other person;
c) does not infringe anyone else's rights, including any intellectual property rights or right of confidentiality or privacy; in particular, User should not submit content which is protected by copyright, trade mark, patent, trade secret, moral right, or any other proprietary right without the express consent of the owner of the respective right;
d) complies with all applicable laws;
e) does not contain any material which is defamatory, invades the privacy of any person, is obscene, offensive, or hate speech;
f) does not breach any legal duty you owe to a third party, such as a contractual duty or a duty of confidence;
g) is accurate and representative of your genuinely-held opinion where it states opinions – for example, in reviews;
h) does not misrepresent your identity or affiliation with any person, or falsely gives the impression that such content comes from someone else;
i) does not contain any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other forms of solicitation or advertising commercial or otherwise;
j) does not advocate, promote, or assist any unlawful act (e.g., criminal acts, copyright infringement, computer misuse, etc.); and
k) does not feature any individual who has not expressly consented to his or her image and/or voice being featured on The Company Platform, nor any individual under the age of 18 without the consent of that individual's parent or guardian.
l) and you agree that you are responsible for any loss or damage we may suffer because of your breach of this warranty.
44. Intellectual Property
a. You may access, view and print out The Company Platform (excluding any User Content that does not belong to you) ("The Company Platform Content") in accordance with our Terms and Policies for your own personal, non-commercial use. You may only print out or quote from The Company Platform Content on the condition that you give us appropriate acknowledgement.
b. Nothing in the above permission impairs or restricts any author's moral rights in respect of any The Company Platform Content.
c. We expressly reserve all intellectual property rights in and to The Company Platform and The Company Platform Content, including in and to The Company Platform domain name and all related domains and subdomains, the name "The Company,"our logo device, service marks, trading names and/or trademarks. Other trademarks and product/company names mentioned on The Company Platform may be trademarks of their respective owners or licensors and the rights in such marks are reserved to them.
d. You must not:
i. Remove any copyright or other proprietary notices contained in The Company Platform Content;
ii. Use any The Company Platform Content in any manner that may infringe any copyright, intellectual property right or other proprietary right of us or any third parties;
iii. Use, or cause others to use, any automated system or software to extract The Company Platform Content (so-called "screen scraping"), except in cases where you and any applicable third party has entered into a written agreement with us that expressly permits that activity; and/or
iv. Reproduce, modify, display, perform, publish, distribute, disseminate, broadcast, frame (or use any other browser or border environment), communicate to the public or circulate to any third party or exploit this The Company Platform and/or The Company Platform Content for any commercial purpose, without our prior written consent by way of a written licence agreement.
a) You may link to any page of The Company Platform, for non-commercial purposes and provided that:
i. you do so in a way that is fair and legal, and which does not damage or take unfair advantage of our reputation;
ii. any link does not contain or associate The Company Platform with any pornographic or illegal material, or any material that is offensive, harassing, or otherwise objectionable;
iii. you do not do so in a way that suggests any form of association, approval or endorsement on our part where none exists; and/or
iv. you do not do so in a way that removes or obscures by framing or otherwise advertisements or copyright or other proprietary notices contained in The Company Platform,
v. We reserve the right to withdraw linking permission at any time without notice. If you would like to link to The Company Platform for commercial purposes, or otherwise than provided above, please contact us at firstname.lastname@example.org
46. Third Party Websites
The Company Platform may contain links to third party websites. If you decide to visit any third-party site, you do so at your own risk. We are not responsible or liable for the content, accuracy or opinions expressed in such websites or the standard of goods and/or services available through or on such websites. Unless expressly stated otherwise, links do not mean that we are, or The Company Platform is, affiliated or associated with such third-party sites.
Our communications with you may contain information sourced from third-party websites, which we will mark as such. We may also provide a link to the source website of such information. We do not accept responsibility or liability for any material supplied by or contained on any third-party website which is linked from our communications with you, or any use of personal data by such a third party. Your access of any linked third-party website is at your own risk, and our Terms and Policies will not apply to your browsing or interaction on any third-party site, so we recommend that you read that third-party website's terms and policies before proceeding.
47. The App / Mobile Devices
a) The Company Platform may allow you to access our services, download our Apps (where applicable), upload content to The Company Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b) You acknowledge that your use of the App is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c) The Company is not liable if you do not have a compatible mobile device or if you download the wrong version of the App for your mobile device. The Company reserves the right to terminate the use of the App. or any other aspect of The Company Platform should you be using the App or The Company Platform with an incompatible or unauthorized device.
d) App Store Sourced Application
i. With respect to an App accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only:
ii. on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and
iv. You acknowledge and agree that
v. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
vi. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
viii. Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
48.Limitation of Liability
In no event shall the company’s aggregate liability exceed the amounts actually paid by and/or due from you in the six (6) month period immediately preceding the event giving rise to such claim.
In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including personal injury, property damage, loss of data, revenue, profits, use or other economic advantage).
The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with services (delivery of services) or software, including but not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service providers, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company will not be a party to disputes, negotiations of disputes between you and such third-party providers. responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. You expressly waive and release the company from any and all liability, claims, causes of action, or damages arising from your use of the software or services, or in any way related to the third parties introduced to you by the software or service.
The quality of the cleaning services scheduled through the use of the service or software is entirely the responsibility of the cleaning provider (Independent Contractor/Cleaner) who ultimately provides such cleaning services to you. You understand, therefore, that by using the software and the service, you may be exposed to cleaning services that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the software and the service, and such cleaning provider cleaning services, at your own risk.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. if you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the Company’s services or software, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. if you do not think they are reasonable, you must not use services or software.
a. Nothing in our Terms and Policies shall affect your statutory rights or exclude or limit our liability for death or personal injury arising through our negligence, fraudulent misrepresentation and/or anything else which cannot be excluded or limited by us under Washington D.C. and United States law.
i. Any loss or damage caused by us where there is no breach of a legal duty of care owed to you by us or by any of our employees, and such loss or damage is not a reasonably foreseeable result of any such breach;
ii. Indirect losses that happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of profits or opportunity); and/or
iv. To the fullest extent permissible by law, we exclude and disclaim all warranties, terms, conditions and representations that might otherwise be implied by law in relation to this The Company Platform.
We do not represent or warrant that:
a. The Company Platform Content is accurate or complete;
b. The Company Platform will be error-free, virus-free, or free from other harmful components, or that defects will be corrected. You must take your own precautions in this respect. In any event, we will not be responsible for any loss or damage caused by a distributed denial-of-service attack, viruses or other harmful material that may infect your computer hardware, software, data or other proprietary material due to your use of The Company Platform.
c. The Company Platform is provided "as is", and we do not accept responsibility for any failure to maintain The Company Platform, including without limitation any inaccuracies or typographical errors.
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