Painters Hub is a web service built on the Spates Painting platform. The general terms of Spates Painting below apply also to the use of Painters Hub
Rights of Content
The users themselves retain the right to all text, pictures and other content that they create in the service. The users allow others to utilize the content in accordance with the nature of the service and furthermore allow the service provider to file information and data and make changes that are necessary for the service or the study, however other rights are not transferred from the users, unless specifically otherwise agreed. The responsibility of the content lies with the user, who has produced it to the service. The service provider has the right to remove any material when it deems it necessary.
No guarantees of the functioning of the Spates Painting service are given. The users are themselves responsible for their actions in the service and they should estimate the reliability of other users before dealing with them. The service provider can under no circumstances be liable for damage that is caused to the user. The user may not store any information or data in the service, and expect it to remain there.
The Removal of a User
The service provider has the right to remove any users from Sharetribe and terminate their right of use of the service without any specific reason and without being liable for compensation.
This Agreement is subject to change at any time, effective upon posting on the Service.
TIDY is a company that offers a communication platform to connect TIDY Service Professionals and TIDY Service Requesters. The software can be licensed annually or as a "pay as you go" model. These terms outline the terms for the "pay as you go" model for TIDY Service Professionals, and the terms for TIDY Service Requesters. Annual Licenses are subject to separate Terms and Conditions.
TIDY is a communications platform for enabling the connection between individuals seeking to obtain services ("TIDY Service Requesters") and/or individuals seeking to provide services ("TIDY Service Professionals"). TIDY Service Requesters and TIDY Service Professionals together are hereinafter referred to as "Users." Those certain services requested by the TIDY Service Requesters, which are to be completed by the TIDY Service Professionals are hereinafter referred to as "Services."
Collection of your Personal Information
TIDY is a communications platform for enabling connections between Users. TIDY does not take part in the interaction between Users. TIDY does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Services provided by TIDY Service Requesters, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. TIDY does not have control over the quality, timing or legality of Services delivered by its TIDY Service Professionals. TIDY makes no representations about the suitability, reliability, timeliness, or accuracy of the Services requested and provided by Users identified through the Service whether in public, private, or offline interactions.
Although TIDY does perform background checks of TIDY Service Professionals, TIDY cannot confirm that each User is who they claim to be. TIDY does not assume any responsibility for the accuracy or reliability of this information or any information on the Service. Background checks are completed by one or more third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know.
BY USING THE TIDY PLATFORM, THE REQUESTER AGREES TO HOLD TIDY FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. TIDY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES, EXCEPT AS OUTLINED IN OUR DAMAGE CLAIM POLICY. TIDY NEVER COVERS DAMAGES DUE TO AN INJURY OF A PROFESSIONAL OR REQUESTOR.
Users of the Service contract for Services directly with other Users. TIDY will not be a party to any contracts for Services or services.
TIDY facilitates these contracts by supplying a medium for the exchange of money.
TIDY Service Requesters offer Service Payments for each requested service.
After a service is scheduled, if there is no complaint by the TIDY Service Requester, the service will be marked as closed by TIDY, the agreed upon payment will be transferred to the TIDY Service Professional's online account. The Service Payment must be paid through the TIDY Web Service. Any Service Payments paid in cash outside of the TIDY Web Service are NOT subject to refunds. Any reimbursement expenses that are incurred by a TIDY in connection with the completion of a Service may, however, be paid in cash offline or through the TIDY Web Service.
TIDY expressly disclaims any liability that may arise between Users of its Service.
TIDY is only a venue for connecting Users. Because TIDY is not involved in the actual contact between Users or in the completion of the Service, in the event that you have a dispute with one or more Users, you release TIDY (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.
Links to Other Web Sites
Links (such as hyperlinks) from TIDY to other sites on the Web do not constitute the endorsement by TIDY of those sites or their content. Such links are provided as an information service, for reference and convenience only. TIDY does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the TIDY Service as well as any advertisements displayed in connection therewith) does not mean that TIDY endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:
Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
Use the Service for any purpose which is in violation of local, state, national, or international law.
Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
Advertise or offer to sell any goods or services for any commercial purpose on the Service which are not relevant to the services offered on the Service.
Conduct or forward surveys, contests, pyramid schemes, or chain letters.
Impersonate another person or allow any other person or entity to use your identification to post or view comments.
Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
Restrict or inhibit any other User from using and enjoying the Public Areas.
Imply or state that any statements you make are endorsed by TIDY, without the prior written consent of TIDY.
Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index TIDY in any manner.
Hack or interfere with TIDY, its servers or any connected networks.
Adapt, alter, license, sublicense or translate TIDY for your own personal or commercial use.
Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by TIDY.
Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
All submissions made to Public Areas will be public, and TIDY will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.
Account, Password and Security
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or TIDY for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. TIDY has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact TIDY immediately.
No Commercial Use or Solicitation
The Service may be used for your personal, non-commercial use only; you may not use the Service in connection with any commercial endeavors whatsoever without the express prior written consent of TIDY.
Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through TIDY without express written permission from TIDY.
You may not use the Service to collect usernames and/or email addresses of members by electronic or other means without the express prior written consent of TIDY.
"Your Information" is defined as any information and materials you provide to TIDY or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant to TIDY that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for TIDY or cause TIDY to lose (in whole or in part) the services of its ISPs or other partners or suppliers.
Solely to enable TIDY to use Your Information, so we are not violating any rights you might have in that information, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known.
Billing and Payment Policy
TIDY Service Requesters are obligated to pay for the services of the Service, unless specifically notified otherwise. TIDY requires Service Requesters to have sufficient credit on their account in advance of any booking or appointment. For all purchases and payments for reimbursement costs, fees or expenses associated with a Service, TIDY will charge your credit card according to the amount agreed upon between you and TIDY for the use of the services of the Service, and you hereby authorize us to charge your credit card for such amounts. TIDY retains the right, in its sole discretion, to place a hold on any payment for a completed Service transaction. You agree to allow TIDY at any time to charge your card to load sufficient credit to cover an upcoming appointment. In other words, if your next appointment is estimated to be $50, then you allow TIDY to charge $50 and hold that credit on your account until the appointment has passed.
No refunds or credits will be provided once the TIDY Service Requester's credit card has been charged. At TIDY's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, to refund back refundable credit on your account, or to correct any errors made by TIDY.
While TIDY will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold TIDY harmless for any damages that may result therefrom. TIDY will use third party services to process credit card information. For further information regarding that service, please contact TIDY to request information about TIDY's credit card processing providers.
You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on TIDY's income).
TIDY provides a software platform which allows you to connect with independent Professionals. TIDY is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Services performed in any manner. Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of TIDY for any purpose whatsoever.
Termination and Suspension
Without limitation, TIDY may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of TIDY posted on the Service from time to time, or if TIDY otherwise finds that you have engaged in inappropriate and/or offensive behavior. If TIDY terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, TIDY reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
TIDY may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.
Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.
You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Service is owned by TIDY or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. TIDY owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without TIDY's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of TIDY and/or the relevant right holder.
The service marks and trademarks of TIDY, including without limitation TIDY and the TIDY logo are service marks owned by TIDY. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent
TIDY respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Service infringe upon your copyrights, please send the following information to TIDY, Inc., 1835 Newport Blvd. A109 - PMB 155 Costa Mesa, CA 92627.
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow TIDY to locate the material, and explain why you think an infringement has taken place;
A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Modifications to the Service
TIDY reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information on the Service with or without notice. TIDY will not be liable to any party for any modification or discontinuance of the Service.
You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of TIDY 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 TIDY 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 TIDY upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of TIDY's trade secrets, confidential and proprietary information and all other information and data of TIDY 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.
Disclaimer of Warranties
USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, NEITHER TIDY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.
WITHOUT LIMITING THE FOREGOING, NEITHER TIDY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ANY SERVICE WILL OCCUR WHATSOEVER OR THAT ANY INDIVIDUAL SHALL BE ASSIGNED TO THE CLEANING. TIDY MAY FROM TIME TO TIME MAY HAVE CLEANINGS WITHOUT ANY HOMEKEEPER ASSIGNED WHATSOEVER OR A TEMPORARY HOMEKEEPER WHO IS NOT EXPECTED TO COMPLETE THE SERVICE.
NEITHER TIDY NOR ITS AFFILIATES ARE RESPONSIBLE FOR DAMAGE OR THEFT ON YOUR PROPERTY AS A RESULT OF ACTIONS BY YOU OR TIDY SERVICE PROFESSIONALS. YOU ARE RESPONSIBLE FOR PHYSICALLY SECURING ALL VALUABLE ITEMS.
NEITHER TIDY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE.
NEITHER TIDY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, BETWEEN TIDY SERVICE PROFESSIONALS.
NEITHER TIDY NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.
TIDY AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
YOU AGREE NOT TO HOLD TIDY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENTTHAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY TIDY OR ITS AFFILIATES OR LICENSORS, ANY DESTRUCTION OF YOUR INFORMATION.
YOU WARRANT THAT YOU ARE HEALTHY ENOUGH TO USE THE SERVICE, AND AGREE NOT TO HOLD TIDY, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY INJURY WHATSOEVER (INCLUDING WITHOUT LIMITATION INJURY RELATED TO PREGNANCY OR ALLERGIES).
UNDER NO CIRCUMSTANCES WILL TIDY ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT TIDY OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO TIDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
Losses Expressly Not Covered By TIDY
In addition to the terms listed herein, TIDY is never responsible for any of the following:
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use (e.g. lost rental income for failure to clean, lost deposits for a poor cleaning, or similar losses);
- losses for property damage exceeding the original value, and/or replacement value for the US average version of similar property (TIDY does not cover any premium items), less any standard depreciation; (e.g. if damage is done to an expensive marble countertop, damages shall be calculated off the cost to repair the average countertop)
- losses arising from negligence of a Requester or third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if Requestor wants a cleaning product or appliance used and the use of that product or appliance causes damage, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of theft of property or any other intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality;
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the US average cost to repair or replace the square footage of a floor that was damaged after deducting for obsolescence and physical depreciation);
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
Conditions & Exclusions; Your Primary Insurance
If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and any coverage offered by TIDY would be secondary. TIDY shall never compensate for losses covered by your Personal Insurance.
You hereby agree to indemnify, defend, and hold harmless TIDY, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. TIDY reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of TIDY.
Dispute Resolution and Governing Law
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and TIDY 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. Your address for such notices is your billing address, with an email copy to the email address you have provided to TIDY. TIDY's address for such notices is TIDY, 1835 Newport Blvd. A109 - PMB 155 Costa Mesa, CA 92627. ATTENTION: Legal Department
Binding Arbitration. If you and TIDY are unable to resolve a Dispute through informal negotiations, either you or TIDY may elect to have the Dispute (except those Disputes expressly excluded below) 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 such costs are determined by the arbitrator to be excessive, TIDY will pay all arbitration fees and expenses. 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. The governing law shall be the State of California, and arbitration shall be held in the County of Orange.
Except as otherwise provided in this Agreement, you and TIDY 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.
Exceptions to Alternative Dispute Resolution. You and TIDY agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or TIDY's intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
Restrictions. You and TIDY agree that any arbitration will be limited to the Dispute between TIDY and you individually. To the full extent permitted by law, (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Location. Arbitration will take place at any reasonable location within the United States convenient for you.
Severability. You and TIDY agree that if any portion of this section entitled "Dispute Resolution and Governing Law" 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" is found to be illegal or unenforceable, neither you nor TIDY 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 and you and TIDY agree to submit to the personal jurisdiction of that court.
TIDY may from time to time provide certain promotional opportunities to TIDY Service Requesters All promotions will be run at the sole discretion of TIDY, Inc., and can be activated, modified or removed at anytime by TIDY without advance notification.
In the event that you are given a code by or on behalf of TIDY through which you may refer a friend to TIDY in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by TIDY in its sole discretion. Without limiting TIDY's other rights and remedies, TIDY may terminate such code and/or your account for any breach of this Section.
No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
Failure by TIDY to enforce any provision(s) of this User Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and TIDY with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of TIDY, its successors and assigns.
Changes to this Agreement and the Service
Last updated: June 1, 2014
Welcome to the web site (the "Site") of Tidy Services, Inc. (doing business as TIDY). This Site is operated by TIDY and has been created to provide information about our company and the TIDY house cleaning services, whether accessible to you via web, mobile app or other platform (our services, together with the Site, are the "Services") by visitors and users of the Services ("you" and/or "your").
Who we are:
We are Tidy Services, Inc (doing business as TIDY), a Delaware corporation with our mailing address at 1835 Newport Blvd. A109 - PMB 155
Costa Mesa, CA 92627, United States.
We will refer to these companies together as "TIDY", "we", "us" and/or "our".
Information We Collect:
When you interact with us through the Services, we may collect Personal Data and other information from you, as further described below:
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between parties on the platform. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Tidy Platform, such as those between Clients and Homekeepers. By making or accepting any call on the Tidy platform, you agree to allow Tidy to monitor and/or record your call.
Personal Data That You Provide Through the Services: We collect Personal Data from you when you voluntarily provide such information, such as when you contact us with inquiries, respond to one of our surveys, register for access to the Services or use certain Services, which typically includes your: (i) name; (ii) telephone number; (iii) email address; (iv) home address; (v) information about your home which you give us; (v) your payment details; (iv) your IP address; and (vi) any other personal information which you give us in connection with the Services.
Non-Identifiable Data: When you interact with TIDY through the Services, we receive and store certain information which does not identify you personally (referred to as personally non-identifiable information in the USA and non-personal data in the European Union). Such information is collected passively using various technologies. This includes:
i. Technical or other details about any device which you use to access the Services, including: Internet and/or network connection; your Media Access Control (MAC); any device Unique Device Identifier (UDID) or equivalent; your operating system, browser type or other software; your hardware or mobile device details (including your mobile device type and number and mobile carrier details), if applicable; or other technical details. This is technical data about our users and their actions and patterns, which we do not believe identifies any individual;
ii. Details of your use of our Services including, but not limited to: metrics information about when and how you use the Services; traffic data; and your geographical location data.
TIDY may store such information itself or such information may be included in databases owned and maintained by TIDY's affiliates, agents or service providers. The Services may use such information and pool it with other information on an anonymised and generalised basis to track, for example, the total number of users of our Services, the number of visitors to each page of our Site and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.
Our Use of Your Personal Data and Other Information:
By providing us with the information about you discussed above, you consent for us and our subsidiaries and affiliates (the "TIDY Related Companies to use that information in the following ways:
(1) to implement and monitor any TIDY bookings which you make using our Services; (2) to share your Personal Data with TIDY professionals in order to carry out your TIDY bookings using our Serviecs; (3) to ensure that content from our Services is presented in the most effective manner for you and for your computer or other device from which you access the Services; (4) to provide you with information, products or services that you request from us or which we feel may interest you; (5) to carry out our obligations arising from any contracts between you and us; (6) to allow you to participate in interactive features of our Services, when you choose to do so; (7) to notify you about changes to our Services; (8) to improve or modify the Services, for example based on how you use our Services; (9) to calculate conversion rates and other elements of Services' performance; and (10) for marketing purposes (which we discuss further below).
Our Disclosure of Your Personal Data and Other Information:
TIDY is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as set out below:
Cleaning Services: We will share your Personal Data with cleaning service providers as necessary for them to provide their cleaning services to you.
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Legal Requirements: TIDY may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of TIDY, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
Marketing and advertising: TIDY and its affiliates may use Personal Data to contact you in the future to tell you about services we believe will be of interest to you. If we do so, each communication we send you will contain instructions permitting you to "opt-out" of receiving future communications. In addition, if at any time you wish not to receive any future communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
We do not disclose personal information about identifiable individuals to advertisers, but we may provide them with aggregate and/or anonymised information about our users to help advertisers reach the kind of audience they want to target. We may make use of the information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.
You can visit the Services without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain TIDY Services.
Where and how we store your personal information:
Unsolicited information and public forums:
You are responsible for any public publishing of information including Personal Data (for example on a discussion forum). Please remember that this may mean third parties gaining access to that information, for which you will be responsible.
Links to Other Web Sites:
TIDY takes reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free; any transmission is at your own risk. In particular, e-mail sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via e-mail. Please keep this in mind when disclosing any Personal Data to TIDY via the Internet. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
Registered TIDY users will have an account name and password which enables you to access certain parts of our Services. You are responsible for keeping them confidential. Please don't share them with anyone.
Other Terms and Conditions:
Your California privacy rights
Under California law, California residents who have an established business relationship with us may choose to opt out of disclosure of personal information about them to third parties for direct marketing purposes. If you choose to opt-out at any time after granting approval, email email@example.com.
Access to Information; Contacting TIDY:
To keep your Personal Data accurate, current, and complete, please contact us as specified below. We will take reasonable steps to update or correct Personal Data in our possession that you have previously submitted via the Services.
You may contact us as follows: firstname.lastname@example.org
Other Policies and Agreements
INDEPENDENT HOMEKEEPER AGREEMENT
If you are a PAINTER looking for the latest version of the Independent Painter Agreement, it is found here.
PAINTERS PAYMENT PROCESSING TERMS
Payment processing services for Homekeepers on TIDY are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to the Independent Painter Agreement or continuing to operate as a Painter on TIDY, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of TIDY enabling payment processing services through Stripe, you agree to provide TIDY accurate and complete information about you and your business, and you authorize TIDY to share it and transaction information related to your use of the payment processing services provided by Stripe.
As a client, cancelling a cleaning within 24 hours of a scheduled appointment is a last minute cancellation, and subject to a fee equal to 50% of the cost of the booking.
DAMAGE CLAIMS POLICY
For information on our damage claim process coverage and policy, click here .
SATISFACTION GUARANTEE TERMS
Details about the satisfaction Guarantee are here.