Effective Date : 05 September, 2020
The Service enables Users who are seeking help (each a "Customer") with various services, including those around their home, to connect through the Website or App with third party service professionals (each a "Provider") who would like to complete the task (the "Property Renovation Service") for the Customer. The Service provides a platform that connects Customers and Property Renovation Service professionals only. We do not provide or perform Property Renovation Services. We are not responsible for the performance of Property Renovation Services, nor do we have control over the quality, timing, provision or failure to provide, or any aspect whatsoever relating to the identification, request, or provision of Investment Property Renovation Services related, directly or indirectly, to our Service. You must become a registered User by creating a User account to request assistance and connect with a Property Renovation Service professional. You may access the Service from a computer or mobile device.
Requesting Property Renovation Services. A User may use the Service to post a request to have a particular Property Renovation Service provided (a "Request"). Such Requests must be clearly worded, correctly provide for the relevant category of service, and be a fair and accurate description of the work to be done. When making a request, the Customer is solely responsible for confirming the accuracy of all information provided, including, the work requested to be done and the location at which the Customer will require such Property Renovation Services (the "Premises"). Each Request is limited to one single, clearly detailed Property Renovation Service to be provided by one or more Property Renovation Service professionals. If a User wishes to obtain help with more than one Property Renovation Service, the User must make a separate Request for each Property Renovation Service requested. As a Customer, by confirming your Request, you understand and agree that you have made an offer, for which a Property Renovation Service Professional has the power to accept or reject in his or her sole discretion.
For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the Renozee™ Platform shall be referred to as the "Services." Services do not include jobs deemed ineligible by Renozee™, in its sole discretion, for scheduling or performing through the Renozee™ Platform due to applicable licensing/permitting regulations or other similar requirements. Renozee™ reserves the right to alter, modify and remove Service requests in its sole discretion.
Unless specified by a Provider, Renozee™ makes no claim or otherwise represents that a Provider is licensed to perform any of the Services provided, offered through the Renozee™ Platform or otherwise contemplated herein. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
Services ordered through the Renozee™ platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party ("Merchandise"). Renozee™ does not provide and is not responsible for Merchandise, and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE Renozee™ PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE THE PROVIDER AND THE PROVIDER’S QUALIFICATIONS, AND UP TO THE PROVIDER TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF Renozee™. Renozee™ MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS OR PROVIDERS OR SERVICES PROVIDED, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. Renozee™ HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, Renozee™ IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER.
Renozee™ cannot confirm that each Provider is who they claim to be, and therefore, Renozee™ cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service. Renozee™ cannot and does not guarantee that a Provider’s profile and background check information are current and up to date.
YOU ACKNOWLEDGE AND AGREE THAT Renozee™ IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. Renozee™ IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person whom you do not know.
Users hereby agree not to request, schedule or perform any of the following as Services or Additional Services through the Renozee™ Platform (collectively, the "Excluded Services"):
Users of the Renozee™ Platform contract for the Services directly with other Users. Renozee™ is not a party to any contracts for the Services, whether express or implied. The Renozee™ Platform does not facilitate these contracts but supplies a medium through which Customers can connect with Property Renovation Contractors.
The free trial offer entitles new, registered users to a thirty (30) day free trial of the Services. For all plans, you authorize us to charge you according to the plan you choose at the then current plan rate, and any other charges you may incur in connection with your use of the Services, such as taxes, duties, and possible transaction fees.
For all accounts, there are no refunds or credits for changes to your account or changes to the number of seats in your plan.
We reserve the right to change service fees upon thirty (30) days notice. Such notice may be provided at any time by posting the changes to Renozee or by email.
Monthly Plan: A valid credit card is required for you to continue using the Services on a month-to-month basis after the thirty (30) day free trial period ends. The Services are billed in advance on a monthly basis and are non-refundable.
Semi-Yearly Plan: Payment in advance is required to continue using the Services on a semi-yearly basis after the thirty (30) day trial period ends. The Services are billed in advance on a semi-yearly basis and are non-refundable.
Yearly Plan: Payment in advance is required to continue using the Services on a yearly basis after the thirty (30) day trial period ends. The Services are billed in advance on a yearly basis and are non-refundable.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by going to Company Settings and closing your account. An email or phone request to cancel your account is not considered cancellation. You will not be charged after cancellation. There is no cancellation fee.
In the event of cancellation or termination your account will be immediately disabled, and your account and information cannot be recovered once the account is closed. We retain the right to retain or delete data provided to us by you at our sole discretion.
We also reserve the right, but do not have any obligation, to refuse service to anyone and close your account(s) without notice for any or no reason at all.
Renozee™, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Renozee™. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE Renozee™ PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:
i. Renozee™ Referral Program. For the Renozee™ Referral Program, Renozee™ will assign a Referral Code ("Renozee™ Referral Code") to you via the App or email for distribution at your discretion to your friends, family and other third parties for use on their first Service (each a "Referral User"). If a Referral User uses your assigned Renozee™ Referral Code on a Service that is completed via the Renozee™ Platform within the applicable time period (the "Referral Period"), then you will be eligible for a credit or payment as described in the App and Website at the time the Renozee™ Referral Code is used. A Renozee™ Referral Code is validly redeemed when the Service it was applied to has been completed and paid for in full through the Renozee™ Platform. The amount and conditions of the credit or payment shall be determined by Renozee™ and communicated to you in writing through the App, the Website or via email and are subject to change, without notice, at Renozee™’s sole discretion; provided, however, unless otherwise communicated to you, all payments will be made via check mailed to the address associated with your User account within ninety (90) days from the date your Renozee Code is validly redeemed by a Referral User as set forth above. Your failure to cash a check associated with the Renozee™ Referral Program within 180 days of issuance by Renozee™, or your failure to provide Renozee™ with your taxpayer identification number (TIN) within thirty (30) days of Renozee™’s request thereof, will result in potential rescindment of your referral reward. We maintain sole discretion to prohibit your participation in the Renozee™ Referral Program in the future, for any or no reason. Further, by using the Renozee™ Referral Program, you agree to abide by all current material-connection disclosure laws issued by the Federal Trade Commission and/or other governing authority.
THE PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT'S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.
We are not responsible or liable in any manner for any data or content created by third parties ("Third Party Content") available on the Service, whether made available or caused to be made available by Users or by any of the technology associated with or utilized in the Service. Although we provide this Agreement and other policies and rules for User conduct, we do not control and are not responsible for our Users' actions and are not responsible for any Third Party Content you may encounter on the Service. We are not responsible for the conduct, whether online or offline, of any User. Notwithstanding anything else in this Agreement, the Renozee™ Company has no responsibility to monitor any Third Party Content.
The Service may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, content created by Users ("User Content"). We are not responsible for any problems or technical malfunction, including, without limitation, any problem or malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or persons, traffic congestion on the Internet or at any web site (including the those in the Service) or combination thereof.
We make no guarantee regarding the provision of Property Renovation Services, the acceptance of any Requests for the provision of Property Renovation Services, the availability, workmanship, timeliness, integrity, ability or skill of Property Renovation Service Professionals or the Property Renovation Services they purport to be able or willing to provide. We do not guarantee that the Property Renovation Service Professionals hold any qualification, certification, license, schooling, training, or insurance required to provide the Investment Property Renovation Services. THE COMPANY DOES NOT WARRANTY ANY HOME SERVICE PROFESSIONAL'S PROFESSIONAL ACCREDITATION, REGISTRATION, CERTIFICATION, LICENSE, INSURANCE, BOND, OR WORKER'S COMPENSATION PROTECTION.
THE SERVICE AND THE SERVICE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND Renozee™ DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Renozee™ CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE OR MAKE ANY WARRANTY AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR QUALITY OF ANY HOME SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.Renozee™ DOES NOT REPRESENT OR WARRANT THAT THE SERVICE CONTENT IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. Renozee™ DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY THIRD PARTY CONTENT OR THIRD PARTY SITES.
To help maintain the quality of the Renozee™ Platform, Users (both Providers and Customers) will have the opportunity to rate each other after the completion of Services. Customers will see Provider ratings before selecting a Provider for a job so each rating a Customer gives can have an impact on that Provider's future on the Renozee™ Platform. In addition, Customers with a low rating may not have their requests accepted.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to Renozee™’s use of a service provider to mask your telephone number with a number provided by Renozee when you call or exchange text (SMS) messages with another User. Renozee™ and its service provider reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Renozee™ Platform for our business purposes, including to provide and improve customer service and the Renozee™ Platform, fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as Renozee™’s use and disclosure of the related data for legitimate business purposes.
We reserve the right to withdraw or amend the Renozee™ Platform, and any service we provide on the Renozee™ Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Renozee™ Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Renozee™ Platform, or the entire Renozee™ Platform, to Users for any reason or no reason.
You are responsible for:
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Renozee™ Platform or portions of it using your User name, password or other security information, including third party site password(s). You agree to notify us immediately of any suspected unauthorized access to or use of your User name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. Renozee™ may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, Renozee™ IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE Renozee™ (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You may not modify, alter, reproduce, or distribute the Renozee™ Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Renozee™ Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Renozee™ Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third-Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Renozee™ Platform or any content available through the Renozee™ Platform.
The Renozee™ Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Renozee™, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Except as permitted herein, you must not access or use for any commercial purposes any part of the Renozee™ Platform or any services or materials available through the Renozee™ Platform.
You may use the Renozee™ Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Renozee™ Platform:
Additionally, you agree not to:
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Renozee™ Platform, you may contact our Designated Agent at Cisols Place, LLC, Attn: Copyright Compliance Team, email@example.com.
The Renozee™ Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "Post") content, photographs, images, or other related materials (collectively, "User Contributions") on or through the Renozee™ Platform, including User-supplied profile pictures, bio lines, and job/service-related photos.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Renozee™, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Renozee™ Platform.
In exchange for the right to use the Renozee™ Platform, Users who post their User Contributions hereby irrevocably grant to Renozee™ the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the Renozee™ Platform:
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases Renozee™ from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Renozee™ Platform. YOU WAIVE AND HOLD HARMLESS Renozee™ AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at Renozee™’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Renozee or a neutral third-party mediator or arbitrator selected by Renozee™. Notwithstanding the foregoing, you acknowledge and agree that Renozee™ is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
As a Provider, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify Renozee™ and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.
Before any Services are performed by any assistants, helpers, subcontractors or other personnel engaged by a Provider, the Provider shall require any such individuals to become a registered, approved Provider on the Renozee™ Platform pursuant to Renozee™ policies as described herein. Providers that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access the Renozee Platform revoked. Each Provider assumes full and sole responsibility for the payment of all compensation, benefits and expenses of helpers, assistants, subcontractors and/or other personnel, if any, and for all required and applicable state and federal income tax withholdings as to the Provider and all persons engaged by the Provider in the performance of the Services.
As a Provider, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Services, and in no event shall Renozee reimburse, or be required to reimburse, you for any tools, materials, costs or expenses used in connection with the Services. You shall furnish and maintain, at your own expense, the tools, equipment, supplies, and other materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to perform the Services, and where, when, and at what cost, to purchase or maintain any necessary equipment, supplies, tools, and materials. At your request, Renozee may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from Renozee at any time.
By providing Services as a Provider on the Renozee Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud Renozee or a Customer in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Customer pay in cash, or use a credit card reader or other off-platform payment service, to accept payment for Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by Renozee in connection with the resolution of any property damage or other claims resulting from a Service you performed for a Customer, and (ii) that Renozee shall have the right to suspend your Provider account until it has received payment in full for all such reimbursable amounts.
The Renozee Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, (collectively, "Third-Party Services"), and may enable you to export information or content, including your or other Users’ User Contributions, to Third-Party Services such as Twitter or Facebook, through a feature of the Renozee Platform. By using one of these features, you agree that Renozee may transfer that information or User Contribution to the applicable Third-Party Service. Renozee does not have or maintain any control over Third-Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third-Party Services, Renozee does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third-Party Services.
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Renozee™ Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the Renozee™ Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Renozee™ Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or Renozee™ terminate your participation or access to the Renozee™ Platform or Services.
If Renozee™ terminates or suspends a User account for any reason, the User is prohibited from registering a new account under their name or an alias.
Renozee™ will promptly terminate without notice the accounts of Users that are determined by Renozee™ to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 17 above) removed from the Renozee™ Platform at least twice.
We may update the content on this Renozee™ Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Renozee™ Platform may be out of date at any given time, and we are under no obligation to update such material.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Renozee™ and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Renozee™ in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Renozee™ upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Renozee™'s trade secrets, confidential and proprietary information and all other information and data of Renozee™ 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 or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
As a Provider, you understand that in performing the Services, you will receive certain private and/or confidential information regarding the Customer and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Customer, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the Customer, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Customers, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of Customers or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of this Agreement.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Renozee™ Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Renozee™ PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Renozee™ PLATFORM LINKED TO IT.
YOUR USE OF THE Renozee™ PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM IS AT YOUR OWN RISK. THE Renozee™ PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Renozee™ NOR ANY PERSON ASSOCIATED WITH Renozee™ MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Renozee™ PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER Renozee™ NOR ANYONE ASSOCIATED WITH Renozee™ REPRESENTS OR WARRANTS THAT THE Renozee™ PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Renozee™ PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Renozee™ HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL Renozee™, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Renozee™ PLATFORM, ANY Renozee™ PLATFORMS LINKED TO IT, ANY CONTENT ON THE Renozee™ PLATFORM OR SUCH OTHER Renozee™ PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Renozee™ PLATFORM OR SUCH OTHER Renozee™ PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless Renozee™, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Renozee™ Platform, including, but not limited to, any use of the Renozee™ Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Renozee™ Platform.
Generally, in the interest of resolving disputes between you and Renozee™ in the most expedient and cost effective manner, YOU AND Renozee™ MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND Renozee™ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and Renozee™ will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). Renozee™'s address for Notice is: Cisols Place, LLC, P.O. Box 15, Brookline, MA, 02446, Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Renozee™ may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Renozee™ must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Renozee™ will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Renozee™ in settlement of the dispute prior to the arbitrator's award; or (iii) one thousand US dollars ($1,000).
If you commence arbitration in accordance with this Agreement, Renozee™ will reimburse you for your payment of the filing fee, unless your claim is for more than ten thousand US dollars ($10,000), in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon, but if the claim is for ten thousand US dollars ($10,000) or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Renozee™ for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND Renozee™ 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 OR REPRESENTATIVE PROCEEDING.
Further, unless both you and Renozee™ agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
If Renozee™ makes any future change to this arbitration provision, other than a change to Renozee™'s address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Renozee™'s address for Notice, in which case your account with Renozee™ will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
For Providers, arbitration is not a mandatory condition of this Agreement with respect to any dispute or claims brought by Renozee™ against a Provider, or for disputes or claims brought by a Provider against Renozee™ that: (i) are based on an alleged employment relationship between Renozee™ and a Provider; (ii) arise out of, or relate to, Renozee™’s actual deactivation or suspension of a Provider account or a threat by Renozee™ to deactivate or suspend a Provider account; (iii) arise out of, or relate to, Renozee™’s actual termination of a Provider’s Agreement with Renozee, or a threat by Renozee™ to terminate a Provider’s Agreement; or (iv) arise out of, or relate to, Job Fees (as defined in this Agreement, including Renozee’s Use Fee or tips, other than disputes relating to referral bonuses, other Renozee promotions, or consumer-type disputes (the subset of Claims in subsections (i)-(iv) shall be collectively referred to as "Provider Claims").
If you do not want to be subject to this Dispute Resolution provision with respect to Provider Claims, you may opt out by notifying the Company in writing of your decision, either by sending, within thirty (30) days of the date you receive this Agreement, (i) an electronic mail to firstname.lastname@example.org, stating clearly your name and intent to opt out of this Dispute Resolution provision To be effective, the letter under option (ii) must clearly indicate your intent to opt out of this Dispute Resolution Provision, and must be dated and signed If hand-delivered, the signed letter must be received within thirty (30) days of your receipt of this Agreement. If sent by mail, the letter must be post-marked with a date less than thirty (30) days from the date you receive this Agreement. Should you choose not to opt out of this Dispute Resolution Provision within the thirty (30)-day period, you and Renozee™ will be bound by the terms of this Dispute Resolution Provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution Provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution Provision.
Except as set forth in Section 31 entitled "Dispute Resolution; Arbitration of Claims," this Agreement is governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 31 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Delaware, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No waiver by Renozee™ of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Renozee™ to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
For purposes of developing and testing the Renozee™ Platform, on occasion a Renozee™ representative may schedule or perform Services on the Renozee™ Platform within the Massachusetts market. On such occasions, the contract for such Service shall between Renozee™ and such User and shall be governed by the applicable terms of this Agreement, including, but not limited to Section 31 above.
This Agreement may not be assigned or transferred by you without Renozee™'s prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by Renozee™, in our sole discretion, in accordance with the "Notice" section of this Agreement.
You and Renozee™ are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.
All other feedback, comments, requests for technical support and other communications relating to the Renozee™ Platform should be directed to: email@example.com.
Except as explicitly stated otherwise, any notice to Renozee™ shall be given by certified mail, postage prepaid and return receipt requested to:
Cisols Place, LLC, PO Box 1175 PMB 30072 Cincinnati, OH 45201, Attn: Legal Dept.
Such notices shall be deemed given three (3) business days after the date of mailing. Any notices to you shall be provided to you through the Renozee™ Platform or given to you via the email address you provided to Renozee™ during the registration process or as otherwise listed in your User or Provider account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Renozee™ during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
While you use our products and services you may be asked to provide certain types of personal information. This might happen through our website, applications, online chat systems, telephone, paper forms, or in-person meetings. We will give you a Collection Notice at the time, to explain how we will use the personal information we are asking for. The notice may be written or verbal.
We may request, collect, or process the following information:
Users have the ability to invite non-users to our platform by providing contact details such as email address. In these situations, the information will be collected and stored by us to contact the non-user and to prevent abuse of the invite systems.
Your payment provider may transmit information about the payment that we may collect or process.
In some situations, personal information of users may be collected from public sources.
We may collect or process the following information:
We maintain records of the interactions we have with our users, including the products, services and customer support we have provided. This includes the interactions our users have with our platform such as when a user has viewed a page or clicked a button.
In order to deliver certain products or services we may passively collect your GPS coordinates, where available from your device. Most modern devices such as smartphones will display a permission request when our platform requests this data.
When we are contacted we may collect personal information that is intrinsic to the communication. For example, if we are contacted via email, we will collect the email address used.
We may collect or process the following information:
The information we request, collect, and process is primarily used to provide users with the product or service they have requested. More specifically, we may use your personal information for the following purposes:
We use automated decision when helping matching users to jobs. The primary way this occurs is through how we rank users. These rankings are produced by analysing user generated content, user activity and the outcome of jobs; in this context, user generated content will include reviews that users receive when completing jobs. More information on these ranking guides can be found in our community articles. Automated decision making is also used to recommend potential jobs to our users and as a part of our marketplace security systems.
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