Terms of Service
The following Terms of Service constitute a legally binding agreement between you and ChoresForMe, LLC (“ChoresForMe”) governing the use of the ChoresForMe Services, as it is defined herein. For purposes of these Terms of Service, ChoresForMe’s websites at any time (including, but not being limited to, www.choresforme.com) (the “Sites”), any mobile applications (the “Apps”), and all related services, information and communications are collectively referred to herein as the “ChoresForMe Services.”
The use of all personal data you submit to the ChoresForMe Services or which we collect about you is governed by our Global Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available on the Sites. You acknowledge that by using the ChoresForMe Services you have reviewed the Privacy Policy and these Terms of Service.
With your consent at the time of registration and by your continued use of the ChoresForMe Services, you accept and agree to all of the terms and conditions contained in these Terms of Service and the then applicable Privacy Policy. If any future changes to this Agreement (as defined herein) are unacceptable to you, cause non-compliance with this Agreement, or change your desire to access the ChoresForMe Services, then must deactivate your account, and immediately stop using the ChoresForMe Services.
The Privacy Policy and these Terms of Service are hereinafter referred to as the “Agreement”.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE CHORESFORME SERVICES.
The ChoresForMe Services Connects Workers and Customers
The ChoresForMe Services are a marketplace allowing for connections between potential Customers needing services performed with Workers who are willing to provide service. For purposes of this Agreement “Customers” are the individuals and/or businesses that are looking for various services (the “Chores”) from Workers and are therefore considered the Customers of Workers, and “Workers” are businesses or individuals seeking to perform Chores for Customers. The Customers and Workers are collectively referred to herein as “Users.” If you agree on the terms of a Chore with another User, you and that User form a Service Agreement directly between the two of you as set forth in more detail herein below.
IN CONNECTION WITH THE CHORES, WORKERS ARE INDEPENDENT BUSINESS OWNERS AND ARE NOT AFFILIATED OR CONNECTED WITH CHORESFOREME. WORKERS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF CHORESFORME. CHORESFORME DOES NOT AND WILL NOT PERFORM CHORES AND DOES NOT AND WILL NOT EMPLOY INDIVIDUALS TO PERFORM CHORES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH SERVICE PROVIDERS, CHORESFORME OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH SERVICE PROVIDERS WHO WISH TO PERFORM THE CHORES.
USERS HEREBY ACKNOWLEDGE THAT CHORESFORME DOES NOT SUPERVISE THE WORKERS IN ANY WAY, NOR DOES IT CONTROL THE SCOPE OF THE CHORES OR DIRECT, CONTROL OR MONITOR A WORKER’S WORK. CHORESFOREME EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY AND ALL RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE CHORES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
Any reference on the ChoresForMe Services to a Worker being licensed or credentialed in any manner only indicates only that the Worker has completed a relevant account registration process with ChoresForMe or met certain criteria and that does not represent anything else. Any such description is not an endorsement, certification or guarantee by ChoresForMe of such Worker’s skills or qualifications or whether that Worker is licensed, insured, trustworthy, safe or suitable for the Chore. Any such description is intended to be useful information for Customers to evaluate when they make their own decisions about the identity and suitability of Workers whom they select, interact, or contract with via the ChoresForMe Services.
The ChoresForMe Services facilitate connections between Users for the performance of the requested Chores. ChoresForMe is not responsible for the performance or communications between Users, nor does it have control over the quality, timing, legality, completion, or any other aspect whatsoever of the Chores, Workers, or Customers. ChoresForMe is also not responsible for the honesty, integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any and all Users, or of any ratings or reviews provided by Users with respect to each other or the Chores that have been performed. ChoresForMe makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Chores requested or services provided by, or the communications of or between, Users identified through the ChoresForMe Services, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
Worker Background Checks and User Representations and Warranties
When interacting with other Users, you are responsible to protect your personal safety, data, and property, just as you would when interacting with any other individual that you don’t know. ChoresForMe is not and will not be liable for any false or misleading statements made by any Users of the ChoresForMe Services.
NEITHER CHORESFORME, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS “AFFILIATES”) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE CHORESFORME SERVICES AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE CHORESFORME AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE CHORESFORME SERVICES.
User Representations and Warranties. All Users represent and warrant that:
You are at least 18 years of age;
You have the right, authority and capacity to enter into the Agreements and to abide by the terms and conditions of the Agreements;
You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy;
You will respect the privacy, property, and data protection rights of all Users and will not record (whether video or audio or otherwise) any Chore or any interaction by or with any User and/or ChoresForMe in connection with the ChoresForMe Services without the prior written consent of ChoresForMe and/or the relevant User, as applicable;
You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Worker or Customer as the case may be, and only utilize the third-party payment service provider specified or approved by ChoresForMe to make or receive payment for services provided through the ChoresForMe Services (the “Payment Portal”);
You will act professionally and responsibly in your interactions with all other Users;
You will use your real name or business name on your profile;
When using or accessing the ChoresForMe Services, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;
You will not use the ChoresForMe Services for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
Other than as fully and promptly disclosed in writing to ChoresForMe, you do not have any motivation, status, or interest that ChoresForMe may reasonably wish to know about in connection with the ChoresForMe Services, including without limitation, if you are using or will or intend to use the ChoresForMe Services for any journalistic, academic, investigative, or unlawful purpose.
Worker Representations and Warranties. Given the nature of the services to be provided, Workers additionally represent and warrant that:
When using the ChoresForMe Services, the Worker is responsible for the legal compliance of the Worker’s choice of business structure;
Worker is customarily engaged in an independently established business of the same nature as the services performed for Customers through the ChoresForMe Services, and Worker maintains an independent contractor;
Worker has complied with all relevant requires so as to allow Worker to work in the jurisdiction in which you will be performing Chores;
If the Chore is performed in a jurisdiction that requires Worker to have a business license, professional license or other form of business registration, Worker has the required business license or business registrations;
Worker is responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Chores (including but not limited to a state contractor’s license if such license is applicable to the Chore you are performing);
Worker has any and all insurance required to operate the business and provide the services offered by Worker;
Worker will use its real name or business name and an up-to-date photo on any profile information;
Worker will honor commitments to other Users on the Services, including by responding promptly, performing the Chore(s) as agreed upon with the Customer, and providing timely, high-quality services to the Customers;
Worker will only offer and provide services for which the Worker has the required experience and skills required to provide those services safely and in accordance with all applicable laws.
Contract between Customers and Workers
You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Chore. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted on the ChoresForMe Services, and any other contractual terms accepted by both the Worker and their Customer to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand ChoresForMe’s obligations or restrict ChoresForMe’s rights under this Agreement. ChoresForMe is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between ChoresForMe and the Worker, nor will it create an employment relationship between the Customer and the Worker. Users do not have authority to enter into written or oral, whether implied or express, contracts on behalf of ChoresForMe.
Where approved in advance by the Customer, the Worker is not obligated to personally perform the Chore. Workers may engage assistants, helpers, subcontractors or other personnel (collectively “Worker Assistants”). For safety reasons, such Worker Assistants must be registered through the ChoresForMe Services. A Worker’s failure to comply with this provision shall be a violation of these Terms of Service and could lead to removal from the ChoresForMe Services. The Worker assumes full and sole responsibility for the acts and omissions of such Worker Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Worker Assistants, if any, and for all required and applicable tax withholdings as to such Worker Assistants. Customers are responsible for confirming with their Worker that any Worker Assistants are registered Workers on the ChoresForMe Services.
While using the ChoresForMe Services, Customers, in their sole discretion, determine whether they will be present or not when a Chore is performed. Customers agree that if someone other than them books the Chore on their behalf or is present in their stead when the Chore is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Worker may take and follow direction from the Customer’s Agent as if such direction was given from the Customer him- or herself. If you are a Customer’s Agent and accessing and using the ChoresForMe Services on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Customer’s Agent may authorize any applicable waiver of the Customer’s scoping, direction, or instruction of the Worker’s work or performance of the Chore in the Customer’s stead. Customer agrees that such direction and/or waiver is valid against Customer and Customer’s Agent, and Customer shall be responsible and liable for all such direction and/or waiver as if made by Customer him or herself. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents. Customer’s Agents are deemed third parties for the purposes of the Happiness Pledge and are thereby excluded from it.
The Customer shall pay their Worker(s) in full for all Chore services via the then in effect payment method as indicated on the ChoresForMe Services, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Chore.
Billing and Payment
Users of the ChoresForMe Services contract for Chores directly with other Users. ChoresForMe will not be a party to any contracts for Chores or services. Customer, and not ChoresForMe, is responsible for payment for all Chore services through the ChoresForMe Services. Such payment must be made via the method designated for the ChoresForMe Services. ChoresForMe is not obligated to compensate Worker for Customer’s failure to pay for services.
The Chore Payment and service charge must be paid through the Payment Portal. Customers on the ChoresForMe Services will be required to provide their payment method details to ChoresForMe and the Payment Portal.
Customers will be responsible for paying the agreed upon price each Chore (the “Invoice(s)”), which will include:
the pricing terms of the Chore provided by the Worker and agreed upon by the parties (“Chore Payment”);
any additional expenses agreed upon by the parties and submitted by the Worker in connection with the Chore;
the then applicable service charge that ChoresForMe assesses for the facilitation of the Chore; and
cancellation charges, if applicable. In addition, a tip or gratuity, as applicable, may be added by the Customer or at the Customer’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Worker. Workers will be responsible for paying (A) registration fees, if applicable, and (B) repayment of erroneous payments.
With all fixed price Chores, Customer is responsible for paying twenty-five percent (25%) of the Chore Payment through the Payment Portal prior to the Chore commencing on all fixed price Chores, with the balance being due and payable through the Payment Portal upon completion of the Chore.
With all hourly fee Chores, Worker will track the hours worked and upon completion of the Chore, Customer will receive a notification of the completed Chore with the entire balance being due and payable upon approval of the Chore by Customer.
Workers will be required to set up an account with the Payment Portal, which may require any or all of the following: registration with the Payment Portal, consent to the terms of service of the Payment Portal, and completion of a vetting process and/or account validation at the request of the Payment Portal. By accepting these Terms of Service, each Worker agrees that they have downloaded or printed, and reviewed and agreed to, the Payment Portal Services Agreement (the “Payment Portal Services Agreement”). Please note that ChoresForMe is not a party to the Payment Portal Services Agreement and that you, the Payment Portal and any other parties listed in the Payment Portal Services Agreement are the parties to the Payment Portal Services Agreement and that ChoresForMe has no obligations, responsibility or liability to any Worker or other party under the Payment Portal Services Agreement.
To help prevent fraud and safeguard User information from the risk of unauthorized access, ChoresForMe and/or the Payment Portal may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Chore and expenses.
When Customer receives confirmation through the ChoresForMe Services or via email that a Chore has been completed, Customer automatically authorizes the Payment Portal to process the Invoice(s). Customers may be billed a one-hour cancellation charge as damages at the Worker’s hourly rate through the Payment Portal if you book a Chore, but cancel it before the scheduled time for performance.
ChoresForMe reserves the right upon request from a User, or upon notice of any potential fraud, unauthorized charge or other misuse of the ChoresForMe Services, to place on hold any Chore Payment, out of pocket expenses, and/or tip or gratuity, or refund or provide credits, or arrange for the Payment Portal to do any of those options.
Users of the ChoresForMe Services are liable for any taxes or similar charges required to be collected and/or paid on the Chores and/or other fees paid under the Agreement.
In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that ChoresForMe may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
Contests, Gift Cards, and Promotional Codes.
ChoresForMe may from time to time make available certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of ChoresForMe, and can be implemented, modified, or removed at any time by ChoresForMe without advance notification. The liability of ChoresForMe and Affiliates, as well as any of ChoresForMe’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth herein.
ChoresForMe promotional codes (“Promo Codes”) may be available and can be used to pay Chore Payments and the ChoresForMe service charge in part or in full, but may not be used to pay for reimbursement of out of pocket expenses or tips or gratuity associated with a Chore provided through the ChoresForMe Services.Promo Codes are an offer by ChoresForMe to reduce the amount a Customer has to pay in relation to a Chore Payment and service charge. Promo Codes will not affect the amount of the Chore Payment a Worker ultimately receives. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between ChoresForMe or the Worker or Customer, or constitute wages, fees or other amounts paid to the Worker. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. ChoresForMe reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.
Public Areas; Acceptable Use
The ChoresForMe Services may contain profiles, email systems, blogs, message boards, reviews, ratings, chore 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 materials that are relevant and proper to the applicable forum. For the safety and integrity of the ChoresForMe Services, you should not share your personal contact information with other Users.
Without limitation, the ChoresForMe Services may not be used for any of the following purposes:
To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and ChoresForMe staff;
To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;
To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or ChoresForMe;
To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage ChoresForMe or its Users’ computers;
To advertise or offer to sell any goods or services for any commercial purpose through the ChoresForMe Services which are not relevant to the Chore services;
To post or complete a Chore requiring a User to (i) purchase or obtain gift cards or money orders (ii) purchase high value items (over $300) without obtaining pre-authorization from ChoresForMe, (iii) travel into different countries during the performance of a Chore, (iv) provide ridesharing or other peer to peer transportation services, (v) post ratings or reviews on any third party website in breach of such third party website’s terms of use, or (vi) otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by ChoresForMe in its sole discretion;
To conduct or forward surveys, contests, pyramid schemes, or chain letters;
To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Customer’s Agent).
While using the ChoresForMe Services, you may not:
Use the ChoresForMe Services for any unauthorized or illegal purpose, including but not limited to posting or performing a Chore in violation of local, state, provincial, national, or international law;
Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;
Post the same Chore repeatedly (“spamming”);
Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the ChoresForMe Services;
Restrict or inhibit any other User from using and enjoying the Public Areas;
Imply or state that any statements you make (whether on or off the ChoresForMe Services) are endorsed by ChoresForMe, without the prior written consent of ChoresForMe;
Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the ChoresForMe Services, or the electronic addresses or personal information of others, in any manner;
Frame or utilize framing techniques to enclose the ChoresForMe Services or any portion thereof;
Hack or interfere with the ChoresForMe Services, its servers or any connected networks;
Adapt, alter, license, sublicense or translate the ChoresForMe Services for your own personal or commercial use;
Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by ChoresForMe and Affiliates;
Upload content to the ChoresForMe Services 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 in an abusive, violent or sexual manner;
Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the ChoresForMe Services as set forth herein;
Collect usernames, email addresses, or other personal information of Users by electronic or other means;
Use the ChoresForMe Services or the Chore services in violation of this Agreement;
Use the ChoresForMe Services in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining ChoresForMe’s trade secret information for public disclosure or other purposes;
Attempt to circumvent the required payments system or service charge in any way including, but not limited to, making or processing payments outside of the ChoresForMe Services, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;
Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;
Cause any third party to engage in the restricted activities above; or
Use tools with the goal of masking your IP address (like the TOR network).
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. ChoresForMe will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
Mobile App Updates and Upgrades. By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the ChoresForMe Services. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with ChoresForMe’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
Deactivation and Suspension
ChoresForMe may suspend your right to use the ChoresForMe Services pending its investigation of a potential breach by you of this Agreement. ChoresForMe may deactivate your account or limit your use of the ChoresForMe Services upon its determination that you breached a provision of this Agreement (a “User Breach”). ChoresForMe will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety . If you wish to appeal this determination, please contact choresformesupport@protonmail.com within 14 days of receipt of such notice with the grounds for your appeal .
If ChoresForMe suspends or deactivates your account or limits your use of the ChoresForMe Services for any reason, you at that point are prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
Even after your right to use the ChoresForMe Services is suspended, terminated or limited, this Agreement will remain enforceable against you. ChoresForMe reserves the right to take appropriate legal action pursuant to the Agreement to enforce its rights hereunder.
ChoresForMe reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the ChoresForMe Services at its sole discretion. ChoresForMe will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, ChoresForMe shall not be liable to you for any modification or discontinuance of all or any portion of the ChoresForMe Services. ChoresForMe has the right to restrict anyone from completing registration as a Worker if such person may threaten the safety and integrity of the ChoresForMe Services, or if such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the ChoresForMe Services and deactivating your account.
Account, Password, Security, and Telephone Communications
You must register with ChoresForMe and create an account to use the ChoresForMe Services. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by ChoresForMe for accessing the ChoresForMe Services. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. ChoresForMe 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 agree to notify ChoresForMe immediately.
You acknowledge that telephone calls to or from ChoresForMe, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.
You verify that any contact information provided to ChoresForMe, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify ChoresForMe before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify ChoresForMe by texting STOP to any text message sent to the retiring phone number.
User Generated Content
“User Generated Content” is defined as any information and materials you provide to ChoresForMe, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the ChoresForMe Services and participation in ChoresForMe promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that ChoresForMe is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that ChoresForMe has no obligation to monitor or review User Generated Content, but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.
You hereby represent and warrant to ChoresForMe that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Chore is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libellous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with ChoresForMe or otherwise purport to act as a representative or agent of ChoresForMe; and (i) will not create liability for ChoresForMe or cause ChoresForMe to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.
The ChoresForMe Services hosts User Generated Content relating to reviews and ratings of specific Users (“Feedback”). Feedback is such User’s opinion and not the opinion of ChoresForMe, and has not been verified or approved by ChoresForMe. You agree that ChoresForMe is not responsible or liable for any Feedback or other User Generated Content. ChoresForMe encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. ChoresForMe is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post about you and it allows other Users to read about each Users’ expression of their experiences. You agree not to complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement by contacting the Support team and explaining how it violates this Agreement. Each Customer should undertake their own research prior to booking to be satisfied that a specific Worker has the right qualifications for a Chore or that the Worker will be comfortable performing a Chore for that particular User.
ChoresForMe respects the personal and other rights of others, and expects Users to do the same. ChoresForMe is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.
If a User believes, in good faith, that any User Generated Content provided on or in connection with the ChoresForMe Services is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify ChoresForMe. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify ChoresForMe. Such notification can be made at ChoresForMe, LLC, PO Box 92, Providence, UT 84332.
Links to Third-Party Websites
The ChoresForMe Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by ChoresForMe or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the ChoresForMe Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. ChoresForMe does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that ChoresForMe is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that ChoresForMe has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the ChoresForMe Services at its sole discretion.
The use of any website controlled, owned or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. ChoresForMe expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the ChoresForMe Services. You hereby agree to hold ChoresForMe harmless from any liability that may result from the use of links that may appear on the ChoresForMe Services.
ChoresForMe Operates as an Online Marketplace
ChoresForMe operates as an online marketplace that connects Customers with service providers (Workers) who wish to perform a variety of Chores and not as an actual service provider. ChoresForMe does not and will not perform Chores and does not and will not employ people to perform any Chores. Workers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that required for the services performed for Customers through the ChoresForMe Services. ChoresForMe does not control or direct the Workers’ performance of their services or set their work locations, work hours, or terms of work. Workers provide services under their own name or business name, and not under ChoresForMe’s name. Workers provide their own tools and supplies to perform their services; ChoresForMe does not provide the tools or supplies. Workers are free to maintain a Customerele without any restrictions from ChoresForMe and are free to offer and provide their services elsewhere, including through competing Servicess. Workers are free to accept or reject Customers and contracts. Workers are not penalized for rejecting Customers or contracts, though if Workers accept a Customer or contract through the ChoresForMe Services, they are expected to fulfill their contractual obligations to their Customer. Workers set their own rates for services performed in the ChoresForMe general marketplace, without deduction by ChoresForMe.
The ChoresForMe Services is not an employment agency service or business and ChoresForMe is not an employer of any User. Workers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Chores and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including ChoresForMe designs, trademarks, and logos (collectively “Proprietary Material” ) that Users see or read through the ChoresForMe Services is owned by ChoresForMe, excluding User Generated Content, which Users hereby grant ChoresForMe a license to use as set forth above. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. ChoresForMe owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the ChoresForMe Services without ChoresForMe’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
The service marks and trademarks of ChoresForMe, including without limitation ChoresForMe, ChoresForMe for Good, and associated logos, are service marks owned by ChoresForMe. Any other trademarks, service marks, logos and/or trade names appearing via the ChoresForMe Services are the property of their respective owners. ChoresForMe’s proprietary marks and logos are not available for use by Workers. 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
ChoresForMe respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the ChoresForMe Services infringe upon your copyright or other intellectual property right, please send the following information to ChoresForMe’s Copyright Agent at ChoresForMe, LLC, PO Box 92, Providence, UT 84332 or choresformesupport@protonmail.com:
A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the ChoresForMe Services where the material you claim is infringed is visible. Include enough information to allow ChoresForMe 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;
Your name, address, telephone number, and e-mail address;
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
Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Confidential Information
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of ChoresForMe and agree that you will not, for the lifetime of your account on ChoresForMe plus 10 years thereafter, disclose, transfer, or use, or seek to influence any other individual to disclose, transfer or use) any Confidential Information for any purpose other than use of the ChoresForMe Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall promptly notify ChoresForMe in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to ChoresForMe promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
The term “Confidential Information” refers to all of ChoresForMe’s trade secrets, confidential and proprietary information, and all other information and data of ChoresForMe 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, strategic and other Proprietary Materials and confidential information relating to ChoresForMe or ChoresForMe’s business, operations or properties, including information about ChoresForMe’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
Disclaimer of Warranties
Use Of The ChoresForMe Services Is Entirely At Your Own Risk
THE TECHNOLOGY OF THE CHORESFORME SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. CHORESFORME MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE CHORESFORME SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE CHORESFORME SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE CHORESFORME SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
ChoresForMe does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the ChoresForMe Services or any hyperlinked website or featured in any banner or other advertising, and ChoresForMe will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, ChoresForMe and Affiliates do not warrant that access to the ChoresForMe Services will be uninterrupted or that the ChoresForMe Services will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the ChoresForMe Services, or as to the timeliness, accuracy, reliability, completeness or content of any Chore, service, information or materials provided through or in connection with the use of the ChoresForMe Services. ChoresForMe and Affiliates are not responsible for the conduct, whether online or offline, of any User. ChoresForMe and Affiliates do not warrant that the ChoresForMe Services is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. ChoresForMe and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
Notwithstanding any feature or service that a Customer may use to expedite Worker selection, each Customer is responsible for determining the Chore and selecting or otherwise approving their Worker and ChoresForMe does not warrant any goods or services purchased by a Customer and d oes not recommend any particular Worker . ChoresForMe does not provide any warranties or guarantees regarding any Worker’s ability, professional accreditation, registration or licensure.
No Liability
You acknowledge and agree that ChoresForMe is only willing to provide the ChoresForMe Services if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold ChoresForMe and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys fees and costs (collectively, “Liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the ChoresForMe Services, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that 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 ChoresForMe and Affiliates, and any destruction of your User Generated Content.
UNDER NO CIRCUMSTANCES WILL CHORESFORME AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE CHORESFORME AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY CHORESFORME, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE CHORESFORME SERVICES OR THE TASK SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.
CHORESFORME AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS CHORESFORME SERVICES. CHORESFORME AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE CHORESFORME SERVICES.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT CHORESFORME AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE 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 CHORESFORME (IF YOU ARE A CUSTOMER) OR TOTAL TASK PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A TASKER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Indemnification. You hereby agree to indemnify, defend, and hold harmless ChoresForMe and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the ChoresForMe Services; (ii) your participation in Chores, or your ability or inability to perform or obtain the performance of Chores or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties herein; (vi) any content submitted by you or using your account to the ChoresForMe Services, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Customer, the acts or omissions of any Customer’s Agents. ChoresForMe reserves the right, in its own sole discretion, 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 prior written consent of ChoresForMe.
Dispute Resolution. To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the ChoresForMe Services, your relationship with ChoresForMe, Chores, or this Agreement (including previous versions), ( “Dispute” ), you and ChoresForMe agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement ( such as mediation or arbitration) or court proceeding (except as may be set forth herein). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to ChoresForMe. ChoresForMe’s address for such notice is Attention: Legal; ChoresForMe, LLC, PO Box 92, Providence, UT 84332.
No Agency; No Employment. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
General Provisions. Failure by ChoresForMe to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and ChoresForMe with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement herein. However, this Agreement does not supersede other agreements about other subject matter that you may have with ChoresForMe. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the section applicable to U.S. Residents below, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) ChoresForMe shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace ChoresForMe for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section shall be null and void. This Agreement will inure to the benefit of ChoresForMe, its successors and assigns. All parts of this Agreement 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 or your use of the ChoresForMe Services.
Licensing.
Workers, and only the Workers, are responsible for identifying and obtaining any and all required licenses, permits, or registrations before offering any services or undertaking Chores. Indeed, certain types of Chores and services may be prohibited altogether, and it is the responsibility of Workers to avoid such prohibited Chores and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Chores and services on the ChoresForMe Services, you should first seek appropriate legal guidance.
Because ChoresForMe does not supervise, scope, direct, control, or monitor a Worker’s work or performance of Chores, Customers must determine for themselves whether a Worker has the skills and qualifications necessary to perform the specific Chore at hand. Customers may wish to consult their national/state/provincial/territorial or local requirements to determine whether certain Chores are required to be performed by a licensed or otherwise registered professional. Customers may also wish to discuss with their Worker any specific hazards, obstacles, or impediments in the Chore location (both visible and concealed) that may impact the performance of the Chore.
Changes to this Agreement and the ChoresForMe Services
ChoresForMe reserves the right, at its sole and absolute discretion, and at any time, to change, amend, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement and review, improve, modify or discontinue, temporarily or permanently, the ChoresForMe Services or any content or information through the ChoresForMe Services at any time, effective with or without prior notice and without any liability to ChoresForMe. ChoresForMe may also impose limits on certain features or restrict your access to part or all of the ChoresForMe Services without notice or liability.
ChoresForMe will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the ChoresForMe Services. Your continued use of the ChoresForMe Services following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
No Rights of Third Parties. The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary rights except as set forth herein) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Customer’s Agent may act in the name of and on behalf of his/her Customer.
Notices and Consent to Receive Notices Electronically.
By using the Services, you consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) that are referenced in this Agreement electronically, including by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the ChoresForMe Services, please contact us by email at choresformesupport@protonmail.com or by mail to PO Box 92, Providence, UT 84332.
Consent to Electronic Signatures. By using the ChoresForMe Services, you agree to transact electronically through the ChoresForMe Services. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
Dispute Resolution. The exclusive jurisdiction for any claim or controversy arising out of or relating to this Agreement shall be in the applicable State or Federal court located in Cache County, Utah and all Users irrevocably waive any objection that such venue is an inconvenient forum.
Telephone Communications/Agreement to be Contacted
Your Consent to Receive Automated Calls/Texts. You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from ChoresForMe and Affiliates, or from independent contractors (including Workers) related to promotions, your account, registration, onboarding, upcoming or scheduled Chores, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with ChoresForMe, and/or your relationship with ChoresForMe . You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that ChoresForMe may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from ChoresForMe and Affiliates, or from independent contractors (including Workers) even if you cancel your account or terminate your relationship with ChoresForMe, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.
Opt-Out Instructions. Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages , text STOP to any text message you receive or email choresformesupport@protonmail.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide ChoresForMe with written notice to choresformesupport@protonmail.com revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify ChoresForMe if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.
Fees and Charges. There is no fee to receive automated telephone calls or text messages from ChoresForMe, our agents, affiliates, and independent contractors (including Workers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that ChoresForMe and its agents, affiliates, and independent contractors (including Workers) are not responsible for such charges.
Unauthorized Use of Your Telephone Device. You must notify ChoresForMe immediately of any breach of security or unauthorized use of your telephone device. Although ChoresForMe and Affiliates, and independent contractors (including Workers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.
Your Indemnification to ChoresForMe. You agree to indemnify ChoresForMe and Affiliates, and independent contractors (including Workers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify ChoresForMe of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold ChoresForMe and Affiliates harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). ChoresForMe shall have the exclusive right to choose counsel, at your expense, to defend any such claims.
General. You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of these Terms of Service.
Worker Classification and Withholdings. ChoresForMe does not employ Workers. ChoresForMe is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the ChoresForMe Services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Media and User Generated Content.
To the extent permitted by law, you hereby grant ChoresForMe a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to ChoresForMe (collectively, “Media”) in exchange for use of the ChoresForMe Services, in any media now known or not currently known in order to market, operate, and improve upon the ChoresForMe Services, including but not limited to the right to the following:
Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;
Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to ChoresForMe or that ChoresForMe takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;
Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the ChoresForMe Services or any ChoresForMe promotional campaigns;
Use, and permit to be used, such User’s User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the ChoresForMe Services in any media, in any format and through any distribution channels; and
Use, and permit to be used, such User’s name and identity in connection with the ChoresForMe Services or any ChoresForMe promotional campaigns.
Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Chore is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.
Each User acknowledges that ChoresForMe shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.
Each User hereby waives all rights and releases ChoresForMe and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the ChoresForMe Services.
Eligibility. If you are a Worker, you agree to promptly disclose to ChoresForMe in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the ChoresForMe Services.
Sales Tax Collection and Remittance. In jurisdictions where ChoresForMe facilitates the collection and/or remittance of sales tax on behalf of Workers, you instruct and authorize ChoresForMe to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
Release
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Further, in consideration of the services provided by ChoresForMe, you hereby release ChoresForMe from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
ChoresForMe and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
Governing Law. Except as expressly provided otherwise, this Agreement and your use of the ChoresForMe Services will be governed by, and will be construed under, the laws of the State of Utah, without regard to choice of law principles. This choice of law provision is only intended to specify the use of Utah law to interpret this Agreement and is not intended to create any substantive right to non-Utahns to assert claims under Utah law whether by statute, common law, or otherwise.
Acknowledgement and Consent. I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, AS WELL AS THE PRIVACY POLICY AND HAPPINESS PLEDGE, AND AGREE THAT MY USE OF THE CHORESFORME SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.