Effective Date: January 1, 2020
Updated and current as at: December 23, 2020
This agreement contains provisions that govern how claims between you and us may be brought (see section 30 below). These provisions will, with limited exception, require you to submit claims you have us to binding and final arbitration on an individual basis, not as a plaintiff or class member in any class, group, or representative action. As a provider, you have an opportunity to opt out of arbitration with respect to certain claims as provided in section 31.
MATERIAL TERMS AND NOTICES
You are neither an employee non customer nor subcontractor nor any classification of affiliation of and with Friendly Neighbor Services;
Separate third-party terms of service and fees such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage may apply and are your sole responsibility;
Friendly Neighbor Services is only a platform to connect providers to their customers. The customers hire providers and not Friendly Neighbor Services. Customers pay the providers and not Friendly Neighbor Services. Providers pay Friendly Neighbor Services a fee to use our platform. Since Friendly Neighbor Services is only an advertising platform that allows providers to connect with customers, Friendly Neighbor Services is not responsible for providers’ worker’s compensation nor any insurances or licenses, as it is the provider’s full responsibility to maintain their own worker’s compensation, insurances or licenses as needed.
The Platform is provided “as is” without warranties or insurance of any kind, without any liability or responsibility in making sure tasks are: (a) Completed to the quality you expected or had hoped for, (b) Completed or attempted to be completed without damages or leaks or theft or losses, (c) Completed within the hourly increments you predict.
Access to certain features of our Platform may require access to information about the location of your device, such as GPS coordinates;
We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, and data about the messages between and among Users (as defined in Section 2) that occur through our Platform for our business purposes, including to provide and improve customer service and the Friendly Neighbor Services Platform, fraud prevention, and to identify violations of this Agreement;
You agree not to circumvent our Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
You agree to and acknowledge the “Notice Regarding Apple” in Section 39 below.
2. Friendly Neighbor Services Platform Connects Users
For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through our Platform shall be referred to as the “Services” or “Tasks.” Services specifically exclude the “Excluded Services”. These excluded services are particular Tasks deemed ineligible for scheduling or performing through our Platform due to applicable licensing/permitting regulations. We reserve the right to alter, modify and remove Service requests
Providers are deemed to be unlicensed unless otherwise designated. In certain markets the Provider may be required to have a license to perform certain Services. For example, regulations applicable in certain markets require a license for work that will total more than $500. Customers must determine for themselves whether a Provider is qualified to perform the requested Service by consulting their state or local requirements.
Services ordered through our platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party (“Merchandise”). We do not provide and are not responsible for Merchandise, and do not provide the Services ourselves.
Any decision by users to offer or accept services through our platform is a decision made at the sole discretion of the user. 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 or of any affiliation of ours. We make no representation and are not responsible for the performance of users, nor do we have control over or make representations regarding the quality, timing, legality, failure to provide, or any other aspect whatsoever relating to any services. We do not have control over the quality, timing or legality of services delivered by providers. We have 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, warrant of fitness for a particular purpose or compliance with any law, regulation or code. Except as otherwise set forth herein, we are not affiliated with, endorsed or sponsored by any provider.
3. Provider Information and Identity Check Process
We require each Provider to submit a government-issued photo ID and a profile picture. We cannot beyond these reasonable efforts that each Provider is who they claim to be, and therefore, we cannot and do not assume any responsibility for the accuracy or reliability of the identity information or any information provided through the Service. We cannot and do not guarantee that a Provider’s profile information is current and up to date.
You acknowledge and agree that we are not liable for damage that might arise out of the services. We are 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. Our sole liability with respect to the Services performed by Providers is as set forth in the Friendly Neighbor Services Guarantee described in Section 6.
4. Task Fees for Services and Additional Services; Excluded Services
a. Task Fee. Customers shall be charged the rates quoted via our Platform at the time the Provider is hired. If applicable, the Task Fee shall include a variable fee (e.g. for additional mileage traveled beyond a minimum set distance). To determine a mileage fee, we use the Google Maps service to pre-calculate the distance between the Customer-provided addresses for pick-up and delivery, which may differ from the actual mileage driven by a Provider to complete a Service. We have authority and reserve the right to determine and modify pricing by posting revised applicable Task Fees to your market though the App or by applying advertised sales or promotional discounts to the posted Task Fees, which will be disclosed to you prior to your submission as a Customer or acceptance as a Provider of a Service request. You are responsible for reviewing the applicable Task Fee prior to the submission or acceptance of a Service. As a Customer, you shall be responsible for Task Fees charged under your User account. Similarly, as a Provider, you agree that the Task Fees for the Services that you perform shall be the amount disclosed to you prior to your acceptance of a Service.
c. Excluded Services. Users hereby agree to not schedule or perform any of the following as Services or Additional Services through our Platform (collectively, the “Excluded Services”):
- Any Service that is illegal or criminal in the state or locality in which it is posted or takes place.
- Services that require a license or certificate;
- Services that require a permit, including, but not limited to, remodeling, plumbing and electrical projects;
- Services that are professional services, including, but not limited to, those performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;
- Services that are performed more than 10 feet above the ground;
- Services that involve the handling of weapons, explosives or hazardous materials;
- Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft, or watercraft.
Users of the Friendly Neighbor Services Platform contract for the Services directly with other Users. Except as set forth in Section 33 below, we are not a party to any contracts for the Services. Our Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Services, and make payments for the Services directly from the Customer to the Provider. Customers may not circumvent our Platform by using the Friendly Neighbor Services Platform to connect with Providers and then engage those Providers for Services outside of the Friendly Neighbor Services Platform.
https://stripe.com/ssa. By agreeing to this Agreement, you agree to be bound by the stripe.com Agreement, which may be modified by stripe.com from time to time. As a condition of our facilitating payment processing services through stripe.com, you agree to provide us accurate and complete information and you authorize us to share it and transaction information related to your use of the payment processing services provided by stripe.com.
b. Customer Payments. As a Customer, we will charge your credit, debit or prepaid card according to the amount of all Services and Additional Services scheduled through our Platform, which amount will include: (i) the Task Fee applicable to the Services or Additional Services that were provided to you by your Provider; (ii) any out of pocket expenses that were published in connection with the Services (e.g. disposal fees); (iii) any out of pocket expenses for materials, if any, agreed to by and between you and your Provider through the Friendly Neighbor Services Platform; (iv) any tip you elect to give to your Provider after a Service Fee of $3.99, which is used, in part, to offset the expense of providing the Guarantee set forth in Section 6. You hereby authorize us to charge the payment method on file in your account for such amounts upon the earlier of your verification of the completion of the scheduled Services or as soon as two (2) hours after a Service is completed, if there is no filed complaint with respect to such Service or if such complaint has been otherwise resolved as determined by us using our sole discretion. We retain the right, in our sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that all fees related to your order will be covered, and protect against unauthorized behavior. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the issuing bank. We cannot be held responsible for these charges.
Except for the Guarantee, no refunds or credits will be provided once the Customer’s selected payment method has been charged or Voucher has been used. We will use commercially reasonable efforts to protect all payment method information 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. The Task Fee quoted is exclusive of taxes. We are not responsible or liable for any taxes incurred in connection with the Service excluding taxes on Friendly Neighbor Services’ income. Customers will be liable for all transaction taxes on the Service(s) provided.
c. Provider Payments. As a Provider, upon your satisfactory performance of a Service and any Additional Services for the Customers as an self-employed service provider through our Platform, and upon the Customer’s payment for such Services, you will receive the following: (i) the applicable Task Fee for the Service and any Additional Services (net of the applicable Use Fee, as discussed below);
(ii) any out-of-pocket expenses that were published in connection with a Service, including disposal fees that may be subject to modification by a Provider in his or her sole discretion; (iii) any out of pocket expenses for materials and related delivery fee, if any, as agreed to by you and the Customer through the Friendly Neighbor Services Platform; and (iv) any tip or gratuity provided to you by the Customer (collectively, the “Provider Payment”). We will process all Provider Payments due to you. The Provider Payment shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize us to pre-set the prices on your behalf for all Task Fees that apply to the provision of Services that you provide through our Platform.
Notwithstanding the above, Providers may request an adjustment of their applicable Task Fees upon written notice to the attention of our General Counsel. We reserve the right to withhold all or a portion of Task Fees if it believes that you have attempted to defraud or abuse us or our systems.
i. Use Fee. We have no monthly or setup fee, unlike competitors. We reserve the right to change the Use Fee at any time. Continued use of our platform after any such change in the Use Fee calculation shall constitute your consent to such change.
d. Promotions. Friendly Neighbor Services, 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 Friendly Neighbor Services. You are not required to participate in promotions. By participating in any promotional activity via our platform, you are agreeing to any additional terms and conditions applicable to the promotional activity, including the following:
i. Friendly Neighbor Services Promo Codes. From time to time, Friendly Neighbor Services will distribute unique codes or credits (“Promo Codes”) that can be redeemed by Users for a set percentage or value off a Service (such percentage and value amount may be changed by Friendly Neighbor Services without notice prior to redemption) or added to a Providers next task payout, but unless otherwise indicated, the Promo Code does not apply to Service Fees, disposal fees, tips or other fees and charges. Promo Codes are only redeemable for use on our Platform to be applied towards Services and are non-transferable or redeemable for cash value unless given to a Provider. Promo Codes must be applied prior to the submission of a request for a Service and cannot be applied to previously completed Services. Only one Promo Code can be used per Service, and each unique Promo Code is limited to one (1) per User, per household, per service address; and any balance remaining on the Promo Code will be forfeited, unless otherwise agreed to by is at our sole discretion. Promo Codes and other discounts cannot be combined with any other offers or promotions. Promo Codes are subject to expiration. Friendly Neighbor Services reserves the right in its sole discretion to extend the validity of a Promo Code beyond the stated expiration date.
iii. Friendly Neighbor Services Sharing Program – Rewards. For the Friendly Neighbor Services Sharing Program “Rewards”, Friendly Neighbor Services will assign a Promo Code (“Friendly Neighbor Services Sharing Promo 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 “Promo User”).
Except as otherwise set forth in this subsection, all of the terms and conditions for Friendly Neighbor Services Promo Codes apply to the Friendly Neighbor Services Sharing Program. A Friendly Neighbor Services Sharing Promo Code is validly redeemed when the Service it was applied to has been completed and paid for in full through the Friendly Neighbor Services Platform. The amount and conditions of the credit or payment shall be determined by Friendly Neighbor Services and communicated to you in writing through the App, the Website or via email and are subject to change, without notice, at Friendly Neighbor Services’ sole discretion. A user’s failure to use a Rewards promo code within 180 days of issuance by Friendly Neighbor Services will result in your Rewards amount being removed.
iv. Friendly Neighbor Services Rewards Program. Friendly Neighbor Services may allow registered Users to participate in the Friendly Neighbor Services Rewards program through the App, which is designed to provide certain benefits to Users that schedule and successfully complete Services and/or share their Friendly Neighbor Services Sharing Promo Code. Please refer to the Friendly Neighbor Services Rewards Terms and Conditions for more information.
e. Instant Payout. Friendly Neighbor Services, at its sole discretion, may present Providers with the opportunity to elect to receive their Provider Payments through Friendly Neighbor Services’ Instant Payout feature. If you enable the Instant Payout feature in your Provider Dashboard, you acknowledge that you will be charged a fee for this Instant Payout service as described by us prior to confirmation. You understand that (i) your financial institution may not support Instant Payout, (ii) Friendly Neighbor Services and stripe.com make no guarantee concerning how quickly Instant Payout payments will settle with your account, and (iii) not all payments through the Friendly Neighbor Services Platform are eligible for Instant Payout.
The released parties are not responsible for: (a) any incorrect or inaccurate information, (b) technical failures of any kind (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 from your (or any other entrant’s) participation in the promotional activity.
6. Friendly Neighbor Services Guarantee
Our Friendly Neighbor Services Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Friendly Neighbor Services Guarantee you must report the issue within twenty-four (24) hours of the Service appointment’s completion to our Support Center at firstname.lastname@example.org and respond to all follow up questions requested of you from the Support Center, at which point you may be eligible for the Friendly Neighbor Services Guarantee Remedies.
The “Friendly Neighbor Services Guarantee Remedies” are as follows: if we determine that a Service does not meet the Friendly Neighbor Services Guarantee we will either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the Guarantee, we will refund the payment actually made by the Customer for such Service. The amount of the Friendly Neighbor Services Guarantee is strictly limited to any payment you made for the Service. The Friendly Neighbor Services Guarantee explicitly does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. This section 6 states our sole and exclusive liability, and customer’s sole and exclusive remedy, for any damages or claims arising out of or in connection with the services.
We reserve the right in our sole discretion to eliminate the Friendly Neighbor Services Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability.
7. Service Cancellation
Our cancellation policy for specific Services is as follows:
a. Cancellation by Customer. As a Customer, although you may cancel your scheduled Service appointments through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Provider Account if adequate reasons are not provided for such cancellations.
b. Cancellation by Provider. As a Provider, although you may cancel your scheduled Service appointments through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Provider Account if adequate reasons are not provided for such cancellations.
If you are more than fifteen (15) minutes late for a scheduled appointment (note: the scheduled time for a “Now” appointment is one (1) hour from the time you are selected by your Customer) or fail to complete a scheduled Service, you shall be deemed to have canceled such appointment. When you cancel a scheduled Service appointment, we sometimes notify your Customer to resubmit the request for Service. We cannot guarantee that a canceled Service appointment will be selected by another Provider and rescheduled or that the Service request will be completed.
Cancellation of (a) any “now” appointments, (b) any scheduled appointments with less than twenty-four (24) hours notice, or (c) two or more scheduled appointments within a thirty (30)-day period is a violation of the terms of this agreement, which may result in the suspension or deactivation of your provider account.
8. Provider Access Fee
As a Provider, you have no monthly or setup fees like others. We reserve the right, at any time, to modify its Access Fees and billing methods.
To help maintain the quality of our 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 Task. Each rating a Customer gives can have an impact on that Provider’s future on our Platform. Customers with a low star 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. In regard to messaging through the app between Customers and Providers, Friendly Neighbor Services’ use and disclosure of the related data for legitimate business purposes.
11. Location Coordinates
To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing our Platform (the “Mobile Device”). As a Provider, you hereby acknowledge and consent to our collection of the latitude and longitude location (“Location Coordinates”) of your Mobile Device so that we can provide our services to you and the Customers.
In addition, while in Provider mode, Friendly Neighbor Services collects the Location Coordinates of the Mobile Device on which the Friendly Neighbor Services Platform is installed for other purposes, including for the purpose of referring Services to you from potential Customers in your vicinity. Friendly Neighbor Services does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the Friendly Neighbor Services Platform to book Services.
12. Accessing the Friendly Neighbor Services Platform and Account Security
We reserve the right to withdraw or amend our Platform, and any service we provide at our sole discretion without notice. We will not be liable if for any reason that all or any part of our Platform is unavailable or not working at any time or for any period.
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 our Platform or portions of it using your User name, password or other security information, including Third-Party Site Password(s).
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.
We have the right to disable any User name, password or other identifiers, 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. We may access your account to make certain changes that you request or to remove prohibited information from the Platform. By signing up as a Provider role, you provide acknowledgment and approve that you have performed a background check on your own, and that you have no felonies or charges pending against you. You agree and approve that The Friendly Neighbor Services platform is not liable or responsible for giving providers access to our platform if that said provider lies about performing a background check on their own, and confirm that that provider does not have any felonies or charges pending against said provider.
The service is only a venue for connecting users. We are 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 is directly between you and that third party, and you irrevocably release us (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.
14. Limited License; Intellectual Property Rights
You may not modify, alter, reproduce, or distribute our Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense our Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of our Platform, any updates, or any part thereof.
The Friendly Neighbor Services 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 Friendly Neighbor Services, 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:
Modify copies of any materials from the Friendly Neighbor Services Platform.
Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from our Platform.
Except as permitted herein, you must not access or use for any commercial purposes any part of the Friendly Neighbor Services Platform or any services or materials available through the Friendly Neighbor Services Platform.
15. Prohibited Uses
You may use the Friendly Neighbor Services Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Friendly Neighbor Services Platform:
In any way that violates any applicable federal, state, local or international law or regulation.
For the purpose of exploiting, harming or attempting to exploit or harm any user, including minors, in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To impersonate or attempt to impersonate us, our employees, another User or any other person or entity (without limitation).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Platform.
To solicit, advertise for, or contact Users for employment, contracting, or other purposes unrelated to the Services facilitated through our Platform without the express written consent of us.
Use our Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform, including their ability to engage in real-time activities through the Friendly Neighbor Services Platform.
Use any web, code or software-enabled automatic tool or process to access our Platform for any purpose, including monitoring or copying any of the material on the Friendly Neighbor Services Platform.
Use any manual process to monitor or copy any of the material on our Platform or for any other unauthorized purpose.
Use any device, software or routine that interferes with the proper working of the Friendly Neighbor Services Platform.
Introduce any material which is malicious or technologically harmful.
Attack the Friendly Neighbor Services Platform or otherwise attempt to interfere with the proper working of the Friendly Neighbor Services Platform.
Defame, harass, abuse, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to our employees and Platform Users.
16. Digital Millennium Copyright Act
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 our Platform, you may contact our Designated Agent at Friendly Neighbor Services, email@example.com with the subject “Attn: Copyright Compliance Team.”
Any notice alleging that materials hosted by or distributed through the Friendly Neighbor Services Platform infringe intellectual property rights must include the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Friendly Neighbor Services Platform;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the use of those materials on the Friendly Neighbor Services Platform is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
17. User Contributions
Our Platform may contain profiles and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users (“Post”) content, photographs, images, or other related materials (“User Contributions”) on our Platform.
You represent and warrant that:
You own or control all rights in and to the User Contributions.
Your User Contributions, and the use of those, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) be obscene, contain nudity, be harmful to minors, be infected with viruses that are intended to detrimentally interfere with any date, or liability inducing to Friendly Neighbor Services; or (iv) cause Friendly Neighbor Services to violate any law or regulation.
All of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, including its legality and reliability.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions.
In exchange for the right to use our Platform, Users who post their User Contributions irrevocably grant to Friendly Neighbor Services the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions:
The right to use User Contributions in the advertising, marketing, and/or publicizing of the Friendly Neighbor Services Platform to perform and improve upon the Friendly Neighbor Services Platform; or
The right to exercise all copyright, publicity rights, and any other rights therein.
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, reward-free, worldwide, irrevocable, transferable, and sub-licensable. Users hereby release us from proceedings, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter based upon the use of your User Contributions.
18. Monitoring and Enforcement
We have the right to remove or refuse to post any User Contributions at our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Platform.
Terminate or suspend your access to all or part of the Friendly Neighbor Services Platform without limitation, including for violation of this Agreement.
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 Friendly Neighbor Services Platform. You waive and hold harmless us and our 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.
You understand that when using our Platform you will be exposed to User Contributions from a variety of sources. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against us with respect to User Contributions.
19. User Disputes
In the event a dispute initiated by either a Provider or a Customer cannot be resolved, you hereby agree, at our request, to participate with good faith in a neutral mediation or arbitration process conducted by us or a neutral third-party mediator or arbitrator we select. You acknowledge and agree that Friendly Neighbor Services is under no obligation to become involved in or impose resolution in any dispute.
20. Provider Provisions
a. Insurance. 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) liability, and other forms of insurance with policy limits sufficient to protect and indemnify Friendly Neighbor Services 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 related parties.
b. Provider Assistants. Before any Services are performed by any related parties engaged by a Provider, the Provider shall require any such individuals to become a registered, approved Provider on our Platform. Providers that utilize non-registered, non-approved personnel to assist with a Service could have their permission to access our Platform revoked and take complete responsibility for any occurrences or situations resulted from the Provider you brought to the task. Each Provider assumes full and sole responsibility for the payment and other benefits associated with other personnel 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.
c. Equipment. 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 Friendly Neighbor Services reimburse you for any tools or expenses used in connection with the Services or reimburse you for new tools if yours breaks. You shall furnish and maintain, at your own expense the tools and materials used to perform the Services. You, at your sole discretion, shall determine what equipment, supplies, and materials are necessary to bring and perform with at your Services. At your request, we may offer to you certain equipment, supplies, and materials for purchase. You are not required to purchase any equipment, tools, supplies, or materials from us at any time.
d. Representations. By providing Services as a Provider on the Friendly Neighbor Services 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 us 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.
e. Reimbursement of Resolution Costs. Notwithstanding anything set forth herein to the contrary, you further agree (i) to pay all reasonable out-of-pocket expenses with the resolution of any property damage or other claims resulting from a Service you performed for a Customer, and (ii) that we shall have the right to suspend your Provider account until your customer has received payment in full for all such reimbursable amounts.
f. Non-Circumvention. Within six (6) months after the last time Provider provides Services to a Customer as arranged through our Platform, Provider agrees not to solicit or provide any Services to the same Customer other than as arranged through the Friendly Neighbor Services Platform. Provider shall be liable for the fees set forth in Section 4 for all services provided to Customers in breach of the previous statement, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Provider agrees to indemnify us from any attorneys’ fees and costs it incurs in collecting its fees from a Provider that breaches this non-circumvention provision.
21. Third-Party Services, Third-Party Fees, and Linked Websites
a. Access to Third-Party Services. The Friendly Neighbor Services Platform may provide you with (among other services) access to third-party websites, databases, networks, software, products or services, or charitable donation programs (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 Instagram, Twitter or Facebook, through a feature of the Friendly Neighbor Services Platform.
By using these features, you agree that we may transfer that information or User Contribution to the applicable Third-Party Service. Friendly Neighbor Services does not have or maintain any control over Third-Party Services. By linking or providing access to any Third-Party Services, we do not give any representation or warranty with respect to the legality or accuracy of content, information or services provided by those Third-Party Services.
b. Charitable Donation Programs. From time to time, Friendly Neighbor Services may authorize one or more charitable organizations (each a “Charity”) to post a fundraising campaign (“Campaign”) to our Platform to accept monetary donations (“Donations”) from Users wishing to contribute funds to the Campaign (“Donors”). For purposes hereof, the term “Charity” shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. You understand and acknowledge, however, that we are not a charity or a party to any agreement between a Charity and a Donor, or between any User and a Charity. We do not personally endorse any Campaign or Charity.
You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless the Charity, in its sole discretion, agrees to issue a refund.
22. Third-Party Software
23. Terms and Termination
This Agreement is effective upon your creation of a User account. You may discontinue your use of our Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account at any time upon notice to you. We reserve the right to refuse access to our 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 Friendly Neighbor Services terminates your participation or access to our Platform or Services.
If we terminate or suspend a User account, the User is prohibited from registering a new account under their name or an alias.
24. Repeat Infringers
We will promptly terminate without notice the accounts of Users that are determined by us 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 Friendly Neighbor Services Platform at least twice.
25. Changes to the Friendly Neighbor Services Platform
We may update the content on this Friendly Neighbor Services Platform from time to time. Any of the material on our Platform may be out of date at any given time.
26. Information About You and Your Visits to the Friendly Neighbor Services Platform
27. Confidential Information
a. Friendly Neighbor Services’ Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Friendly Neighbor Services 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 us 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 Friendly Neighbor Services upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Friendly Neighbor Services’ trade secrets, confidential and proprietary information and all other information and data of Friendly Neighbor Services 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.
b. Customer’s Confidential Information. 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.
28. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from our Platform will be free of viruses or other destructive code.
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 equipment (including mobile devices), due to your use of our platform.
Your use of our platform is at your own risk. The content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the Platform, its content or any services or items obtained through it will be accurate, reliable, error-free or uninterrupted.
We hereby disclaim 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.
29. No Liability
In no event will we or our related parties be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our platform, 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.
In order to protect the Friendly Neighbor Services community at this time, all tasks are currently contactless. (a) By uploading a task as a Provider, you and your Customer agree to maintain a safe separation of six feet/two meters (social distancing), follow all applicable public health guidelines and regulations, wear masks’ accordingly, discuss all instructions and details through the app’s chat. (b) By uploading a task as a Customer, you and your Provider agree to maintain a safe separation of six feet/two meters (social distancing), follow all applicable public health guidelines and regulations, wear masks’ accordingly, discuss all instructions and details through the app’s chat
You agree to defend, indemnify and hold harmless Friendly Neighbor Services, 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 Friendly Neighbor Services Platform, including, but not limited to, any use of the Friendly Neighbor Services Platform’s content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Friendly Neighbor Services Platform. Discrediting the Friendly Neighbor Services platform may result in a fine of up to $50,000 and all legal fees depending on the severity of the harm resulted.
31. Dispute Resolution; Arbitration of Claims
In the interest of resolving disputes between you and us in the most expedient and cost-effective manner, you and we mutually agree that every dispute arising in connection with this agreement will be resolved by binding arbitration. Arbitration uses a neutral arbitrator 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.
You understand and agree that, by entering into this agreement, you and we 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.
a. Exceptions. Nothing in this Agreement will be deemed to 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.
b. Arbitrator. Any arbitration between you and us 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, or by contacting firstname.lastname@example.org.
c. Notice; Process. 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”). Friendly Neighbor Services’ address for Notice is: email@example.com, with a subject: 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 Friendly Neighbor Services may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Friendly Neighbor Services 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, we 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 Friendly Neighbor Services in settlement of the dispute prior to the arbitrator’s award; or (iii) one thousand US dollars ($1,000).
d. Fees. If you commence arbitration in accordance with this Agreement, Friendly Neighbor Services 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 in Carroll County Maryland, 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 Friendly Neighbor Services 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.
e. No Class Actions. To the fullest extent permitted under applicable law, you and we 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. Unless agreed otherwise both you and Friendly Neighbor Services 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.
f. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to Friendly Neighbor Services’ address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Friendly Neighbor Services’ address for Notice, in which case your account with Friendly Neighbor Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
g. Enforceability. 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.
h. Provider Opt-Out of Arbitration. For Providers, arbitration is not a mandatory condition of this Agreement with respect to any dispute or claims brought by us against a Provider, or for disputes or claims brought by a Provider against us that: (i) are based on an alleged employment relationship between Friendly Neighbor Services and a Provider; (ii) arise out of, or relate to, Friendly Neighbor Services’ actual deactivation or suspension of a Provider account or a threat by Friendly Neighbor Services to deactivate or suspend a Provider account; (iii) arise out of, or relate to, Friendly Neighbor Services’ actual termination of a Provider’s Agreement with Friendly Neighbor Services, or a threat by Friendly Neighbor Services to terminate a Provider’s Agreement; or (iv) arise out of, or relate to, Task Fees (as defined in this Agreement, other than disputes relating to referral bonuses, other promotions, or consumer-type disputes.
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. Should you choose not to opt out of this Dispute Resolution Provision within the thirty (30)-day period, you and Friendly Neighbor Services will be bound by the terms of this Dispute Resolution Provision.
32. Governing Law; Jurisdiction
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 Maryland, 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 Carroll County, Maryland, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
33. Waiver and Severability
No waiver by us 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 ours 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.
34. Development and Testing
For purposes of developing and testing the Friendly Neighbor Services Platform, our representatives may schedule or perform Services on our Platform within the Westminster market. On such occasions, the contract for such Service shall between us and such User and shall be governed by the applicable terms of this Agreement, including, but not limited to Section 31 above.
35. Entire Agreement
This Agreement may not be assigned or transferred by you without our prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by us, in our sole discretion, in accordance with the “Notice” section of this Agreement.
37. No Agency
You and Friendly Neighbor Services are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.
38. Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to our Platform should be directed to: email@example.com.
39. Notice Regarding Apple
Except as explicitly stated otherwise, any notice to Friendly Neighbor Services shall be given by certified electronic mail to the following:
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 Friendly Neighbor Services Platform or given to you via the email address you provided to Friendly Neighbor Services 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 Friendly Neighbor Services during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.