Updated Date: January 1st of 2017
IMPORTANT: PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH Magic Mops Cleaning ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions below) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE Magic Mops Cleaning PLATFORM.
1. The Magic Mops Cleaning Platform
Magic Mops Cleaning PROVIDES A MARKETPLACE PLATFORM where persons who seek home services (“Service Requester” or “Requester”) can be matched with persons, companies, or entities offering home services (“Service Providers” or “Providers”). Requester and Providers are collectively referred to herein as “Users,” and each User can create a User account that enables access to the Magic Mops Cleaning Platform. For purposes of this Agreement, the services provided by Providers to Requester that are matched through the Platform shall be referred to collectively as the “Services” or “Home Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Provider to a Requester shall constitute a separate agreement between such persons and/or entities.
2. Relationship with Magic Mops Cleaning
As a Provider on the Magic Mops Cleaning Platform, you acknowledge and agree that you and Magic Mops Cleaning are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. As a Provider you and Magic Mops Cleaning expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Magic Mops Cleaning; and (2) no joint venture, franchisor-franchisee partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Magic Mops Cleaning, and you undertake not to hold yourself out as an employee, agent or authorized representative of Magic Mops Cleaning. Magic Mops Cleaning does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your service supplies. You retain the sole right to determine when, where, and for how long you will utilize the Magic Mops Cleaning Platform. You retain the option to accept or to decline or ignore a Requester’s request for Services via the Magic Mops Cleaning Platform, or to cancel an accepted request for Services via the Magic Mops Cleaning Platform, subject to Magic Mops Cleaning’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Magic Mops Cleaning shall have no right to require you to: (a) display Magic Mops Cleaning’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Magic Mops Cleaning’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities. As a Provider you bear all of your own expenses that are incurred in performing Services. You acknowledge and agree that you are responsible for and will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
3. Modification to the Agreement
Magic Mops Cleaning reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. In the event Magic Mops Cleaning modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Continued use of the Magic Mops Cleaning Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Magic Mops Cleaning Platform may only be used by a person or organization, including an individual, corporation, limited liability company, partnership, sole proprietor or other entity, who can form legally binding contracts under applicable law. The Magic Mops Cleaning Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old or a legally registered entity and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons or entities to use your User account, and you agree that you are the sole authorized user of your account.
Background Checks. Magic Mops Cleaning checks the backgrounds of Providers via third party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE Magic Mops Cleaning PLATFORM, THE REQUESTER AGREES TO HOLD Magic Mops Cleaning FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. Magic Mops Cleaning IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS OR REQUESTER, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROVIDER SERVICES.
5. Magic Mops Cleaning Happiness Guarantee; Claims
The Magic Mops Cleaning Happiness Guarantee is available to Requester and is the sole liability of Magic Mops Cleaning to Requester for the performance of Services. If you are not satisfied with the quality of the initial Service requested and paid for through the Magic Mops Cleaning Platform, then Magic Mops Cleaning will send another Provider to re-perform the Service ordered at no additional charge to the Requester.
The Magic Mops Cleaning Happiness Guarantee also provides certain limited additional protections. Pursuant to the Magic Mops Cleaning Happiness Guarantee and subject to the below conditions and limitations, Magic Mops Cleaning will compensate Requester: (a) up to USD $20,000 per occurrence for losses arising from property damage as a direct result of negligence of a Provider during performance of a Service; or (b) Requester up to USD $5,000 for losses arising from theft of a Requester’s property by a Provider during performance of a Service. The Requester is eligible for the Magic Mops Cleaning Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Service appointment to our Requester service by visiting the Magic Mops Cleaning Help Center at www.Magic Mops Cleaning.com/help. For Recurring Services, each Service is treated as a separate occurrence.
Guarantee Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the Magic Mops Cleaning Happiness Guarantee is secondary. The Magic Mops Cleaning Happiness Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.
Coverage Under the Magic Mops Cleaning Happiness Guarantee. A Requester will be covered under the Magic Mops Cleaning Happiness Guarantee for every Service, subject to the exclusions below, provided:
The Service is agreed to between a Requester and a Provider through the Magic Mops Cleaning Platform, performed by the Provider hired by the Requester and paid for in full through the Magic Mops Cleaning Platform;
You have reported the claim within 72 hours of the Service; and
Your Magic Mops Cleaning account is in good standing with no outstanding balances owed to Magic Mops Cleaning or Providers.
What is excluded from the Magic Mops Cleaning Happiness Guarantee. The “Magic Mops Cleaning Happiness Guarantee” does not cover the following:
losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather related events such as hurricanes and tornadoes;
losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
losses arising from negligence of a Requester or third party;
losses arising from a manufacturer’s or a product’s defects;
losses from pre-existing damages or conditions of the item or property;
losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
losses arising from flooding and/or water damage including mold, fungi or bacteria;
losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
losses of cash, third party gift cards, and securities;
losses as a result of theft of property in excess of USD 5,000 or any other intentional wrongful act by a Professional;
losses arising from normal wear and tear;
losses for items that retain their functionality;
losses based on sentimental and/or undocumented intangible value;
losses related to repairs outside of the area where the Professional Services were performed;
losses of pets, personal liability or damage to shared or common areas;
losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
losses of theft without a valid police report, if requested by Magic Mops Cleaning; and losses with insufficient documentation.
How to Submit a Claim. First report of a claim must be made 72 after booking occurs. After submitting your first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Magic Mops Cleaning’s claims assessment process, you may be required to provide written detailed: (i) proof of ownership of damaged/missing item (ii) proof of value of damaged/missing item and (iii) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Magic Mops Cleaning the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Magic Mops Cleaning to arrange for an extension of time, your claim will be considered closed. You also agree to: (i) protect and preserve any damaged property that is the basis of a claim from further damage, (ii) assist and allow Magic Mops Cleaning or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim, (iii) accept repairs and/or remediation by a Provider, (iv) accept a replacement only if repairs are proven not to be an option, (v) submit requested materials by the dates outlined by the Magic Mops Cleaning resolutions team, and (vi) accept a replacement item subject to the standard depreciation of that item.
If Any Part of Your Claim is Approved. If any part of your claim is approved, then as a condition to any payment to you under the Magic Mops Cleaning Happiness Guarantee, you will be required to execute and deliver to Magic Mops Cleaning a release agreement and assign to Magic Mops Cleaning or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered
As a Requester, you agree to pay the amounts charged for your use of the Magic Mops Cleaning Platform and Services (“Charges”). Charges include the cost for Services and other applicable fees, surcharges, and taxes as set forth on your market’s Magic Mops Cleaning booking page (visit www.Magic Mops Cleaning.com/book and enter your zip code to see pricing), plus any tips to the Provider that you elect to pay. Magic Mops Cleaning has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to the Magic Mops Cleaning booking page (after entering your zip code). Pricing may vary based on the type of service you request (e.g., standard cleaning, deep cleaning, etc) as described on the Magic Mops Cleaning booking page. You are responsible for reviewing the applicable Magic Mops Cleaning booking page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Prices for Services. There are two types of pricing, flat-rate and hourly.
Flat-Rate Pricing. Flat-rate pricing consists of a standard charge based on the details of a home and requested home service and add-on charges based on additional parameters that are selected by the Requester. Flat-rate pricing is based on current market trends and pricing for the market in which you are seeking Services or providing Services.
Hourly Pricing. Hourly pricing is based on current market trends and pricing for the market in which you are seeking Services or providing Services.
Quoted Home Service Fees. In some cases Magic Mops Cleaning may quote you a home service fee at the time of your request. The quote is subject to change depending on the overall condition of your home and the confirmation that correct home details were provided by the Requester. If during your home service you change your requested Services or a Provider confirms that the home details as provided by the Requester are incorrect or false, we may cancel the home service fee quote and charge an adjusted home service fee based on the true details of the home and the conditions in the home. Magic Mops Cleaning does not guarantee that the quoted home service fee price will be the price will not change, especially when details or conditions of the home were not represented accurately or fully by the Requester when booking the Service.
Fees and Other Charges.
Service Fee. Magic Mops Cleaning may assess a per-home service “Service Fee” to support the Magic Mops Cleaning Platform and related services provided to you by Magic Mops Cleaning. The amount of the Service Fee may vary but shall be retained by Magic Mops Cleaning in its entirety.
Cancellation Fee. After requesting a home service you may cancel it through the platform, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to allow access to the home after scheduling a home service.
Damage Fee. If a Requester reports that you, as a Provider, have materially damaged the Requester’s home, premises, or other property, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Magic Mops Cleaning in its sole discretion), towards property repair or cleaning. Magic Mops Cleaning reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Requester whose property was damaged.
Other Charges. Other fee and surcharges may apply to your home service, including: actual or anticipated, state or local fees, event fees as determined by Magic Mops Cleaning or its marketing partners, and processing fees for split payments. In addition, where required by law Magic Mops Cleaning will collect applicable taxes. These other charges are not shared with your Provider unless expressly stated otherwise.
Tips. Following a home service, you may elect to tip your Provider in cash or through the Magic Mops Cleaning application.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Magic Mops Cleaning may replace its third-party payment processing services without notice to you. Charges shall only be made through the Magic Mops Cleaning Platform.
Credit Card Authorization. Upon addition of a new payment method or each home service request, Magic Mops Cleaning may seek authorization of your selected payment method to verify the payment method, ensure the home service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. 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 bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.
If you are a Provider, you will receive payment for your provision of Services. All home service fee payments are subject to a Magic Mops Cleaning Commission, discussed below. You will also receive any tips provided by Requester to you, and tips will not be subject to any Magic Mops Cleaning
Commission. Magic Mops Cleaning will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Commission. In exchange for permitting you to offer your Services through the Magic Mops Cleaning Platform and marketplace as a Provider, you agree to pay Magic Mops Cleaning (and permit Magic Mops Cleaning to retain) a fee based on each transaction in which you provide Services (the “Commission”). Magic Mops Cleaning reserves the right to change the Commission at any time in Magic Mops Cleaning’s discretion based upon local market factors, and Magic Mops Cleaning will provide you with notice in the event of such change. Continued use of the Magic Mops Cleaning Platform after any such change in the Commission calculation shall constitute your consent to such change.
Pricing. You expressly authorize Magic Mops Cleaning to set the prices on your behalf for all Charges that apply to the provision of Services. Magic Mops Cleaning reserves the right to change the home service fee schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the home service fee.
Home Service Fee Adjustment. Magic Mops Cleaning reserves the right to adjust or withhold all or a portion of home service fees if it believes that (i) you have attempted to defraud or abuse Magic Mops Cleaning or Magic Mops Cleaning’s payment systems, (ii) in order to resolve a Requester complaint (e.g., you provided an inefficient service or failed to properly perform all or part of Services. Magic Mops Cleaning’s decision to adjust or withhold the home service fee in any way shall be exercised in a reasonable manner.
8. Magic Mops Cleaning Communications
By becoming a User, you agree to receive communications from us, including via email, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Magic Mops Cleaning, its affiliated companies and/or Providers, may include but are not limited to: operational communications concerning your User account or use of the Magic Mops Cleaning Platform or Services, updates concerning new and existing features on the Magic Mops Cleaning Platform, communications concerning promotions run by us or our third- party partners, and news concerning Magic Mops Cleaning and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO (866) 746-2704 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE Magic Mops Cleaning PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM Magic Mops Cleaning (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN TEXT THE WORD “STOPALL” TO (866) 746-2704 FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE Magic Mops Cleaning PLATFORM OR THE SERVICES.
9. Your Information
10. Promotions and Referral Programs
Magic Mops Cleaning, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Magic Mops Cleaning. Magic Mops Cleaning reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Magic Mops Cleaning determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Magic Mops Cleaning may provide you with or allow you to create a “Magic Mops Cleaning Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Magic Mops Cleaning Requester (“Referred Requester”) or Providers (“Referred Providers”). Magic Mops Cleaning Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Magic Mops Cleaning Code. You are prohibited from advertising Magic Mops Cleaning Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Magic Mops Cleaning reserves the right to deactivate or invalidate any Magic Mops Cleaning Code at any time in Magic Mops Cleaning’s discretion.
From time to time, Magic Mops Cleaning may offer you with incentives to refer new Users to the Magic Mops Cleaning community (the “Referral Program”). These incentives may come in the form of Magic Mops Cleaning Credits, and Magic Mops Cleaning may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion.
11. Restricted Activities
With respect to your use of the Magic Mops Cleaning Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Services or the Magic Mops Cleaning Platform or the servers or networks connected to the Magic Mops Cleaning Platform;
post Information or interact on the Magic Mops Cleaning Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Magic Mops Cleaning Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Magic Mops Cleaning Platform;
“frame” or “mirror” any part of the Magic Mops Cleaning Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Magic Mops Cleaning Platform or any software used on or for the Magic Mops Cleaning Platform;
rent, lease, lend, sell, redistribute, license or sub-license the Magic Mops Cleaning Platform or access to any portion of the Magic Mops Cleaning Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Magic Mops Cleaning Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
12. Provider Representations, Warranties and Agreements
By providing Services as a Provider on the Magic Mops Cleaning Platform, you represent, warrant, and agree that:
You possess a valid Provider’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority, if applicable, to provide home services to Requester in all jurisdictions in which you provide Services.
You will only provide Services using background checked individuals, as completed via a 3rd party service through Magic Mops Cleaning, and approved by Magic Mops Cleaning, and for which a photograph has been provided to Magic Mops Cleaning.
You will not make any misrepresentation regarding Magic Mops Cleaning, the Magic Mops Cleaning Platform, the Services or your status as a Provider.
You will not attempt to defraud Magic Mops Cleaning or Requester on the Magic Mops Cleaning Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable home service fees or other payments for the home service(s) in question.
You will make reasonable accommodation for Requester and/or for service animals, as required by law
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of business liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the engagement in providing Services.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
13. Intellectual Property
All intellectual property rights in the Magic Mops Cleaning Platform shall be owned by Magic Mops Cleaning absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Magic Mops Cleaning Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Magic Mops Cleaning. Magic Mops Cleaning shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Magic Mops Cleaning and other Magic Mops Cleaning logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Magic Mops Cleaning in the United States and/or other countries (collectively, the “Magic Mops Cleaning Marks”). If you provide Services as a Provider, Magic Mops Cleaning grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Magic Mops Cleaning Marks solely in connection with providing the Services through the Magic Mops Cleaning Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sub-license with respect to any of the rights granted hereunder without Magic Mops Cleaning’s prior written permission, which it may withhold in its sole discretion. The Magic Mops Cleaning Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Magic Mops Cleaning is the owner and licensor of the Magic Mops Cleaning Marks, including all goodwill associated therewith, and that your use of the Magic Mops Cleaning Marks will confer no additional interest in or ownership of the Magic Mops Cleaning Marks in you but rather inures to the benefit of Magic Mops Cleaning. You agree to use the Magic Mops Cleaning Marks strictly in accordance with Magic Mops Cleaning’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Magic Mops Cleaning determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Magic Mops Cleaning Marks or any derivatives of the Magic Mops Cleaning Marks other than as expressly approved by Magic Mops Cleaning in writing; (2) use the Magic Mops Cleaning Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Magic Mops Cleaning Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Magic Mops Cleaning’s rights as owner of the Magic Mops Cleaning Marks or the legality and/or enforce-ability of the Magic Mops Cleaning Marks, including, without limitation, challenging or opposing Magic Mops Cleaning’s ownership in the Magic Mops Cleaning Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Magic Mops Cleaning Marks, any derivative of the Magic Mops Cleaning Marks, any combination of the Magic Mops Cleaning Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Magic Mops Cleaning Marks; (5) use the Magic Mops Cleaning Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Magic Mops Cleaning’s sole discretion. If you create any materials bearing the Magic Mops Cleaning Marks (in violation of this Agreement or otherwise), you agree that upon their creation Magic Mops Cleaning exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Magic Mops Cleaning Marks or derivative works based on the Magic Mops Cleaning Marks. You further agree to assign any interest or right you may have in such materials to Magic Mops Cleaning, and to provide information and execute any documents as reasonably requested by Magic Mops Cleaning to enable Magic Mops Cleaning to formalize such assignment.
Magic Mops Cleaning respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Magic Mops Cleaning Platform or Services infringe upon your copyrights, please visit our “Contact” page to make a copyright complaint.
The following disclaimers are made on behalf of Magic Mops Cleaning, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Magic Mops Cleaning does not provide home services including but not limited to house cleaning, yard service, window cleaning, car washing, carpet cleaning, errand running, home organization, or house sitting. It is up to the Provider to decide whether or not to offer a home service to a Requester contacted through the Magic Mops Cleaning Platform, and it is up to the Requester to decide whether or not to accept a home service from any Provider contacted through the Magic Mops Cleaning Platform. We cannot ensure that a Provider or Requester will complete an arranged home service. We have no control over the quality or safety of the service that occurs as a result of the Services.
The Magic Mops Cleaning Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Magic Mops Cleaning Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchant-ability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Magic Mops Cleaning Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Magic Mops Cleaning Platform will be corrected, or that the Magic Mops Cleaning Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Magic Mops Cleaning Platform or Services.
We cannot guarantee that each Requester is who he or she claims to be. Please use common sense when using the Magic Mops Cleaning Platform and Services, including looking at the photos of the Provider or Requester you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Magic Mops Cleaning Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Provider or Requester prior to engaging in an arranged home service.
Magic Mops Cleaning is not responsible for the conduct, whether online or offline, of any User of the Magic Mops Cleaning Platform or Services. You are solely responsible for your interactions with other Users. By using the Magic Mops Cleaning Platform and participating in the Services, you agree to accept such risks and agree that Magic Mops Cleaning is not responsible for the acts or omissions of Users on the Magic Mops Cleaning Platform or participating in the Services.
Magic Mops Cleaning expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Magic Mops Cleaning Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Magic Mops Cleaning Platform or through the Services. Please carefully select the type of information that you post on the Magic Mops Cleaning Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Magic Mops Cleaning or made available through the Magic Mops Cleaning Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Magic Mops Cleaning Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Magic Mops Cleaning Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Magic Mops Cleaning Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Magic Mops Cleaning, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Magic Mops Cleaning Platform. Any of your Information, including geolocation data, you upload, provide, or post on the Magic Mops Cleaning Platform may be accessible to Magic Mops Cleaning and certain Users of the Magic Mops Cleaning Platform.
Magic Mops Cleaning advises you to use the Magic Mops Cleaning Platform with a data plan with unlimited or very high data usage limits, and Magic Mops Cleaning shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Magic Mops Cleaning Platform.
This paragraph applies to any version of the Magic Mops Cleaning Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Magic Mops Cleaning. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Magic Mops Cleaning Platform. Magic Mops Cleaning, not Apple, is solely responsible for the Magic Mops Cleaning Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
You will defend, indemnify, and hold Magic Mops Cleaning including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Magic Mops Cleaning Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Providers, Requester, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Magic Mops Cleaning Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Provider; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
16. Limitation of Liability
IN NO EVENT WILL Magic Mops Cleaning, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “Magic Mops Cleaning” FOR PURPOSES OF THIS SECTION, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Magic Mops Cleaning PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Magic Mops Cleaning PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE Magic Mops Cleaning PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Magic Mops Cleaning HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. Term and Termination
This Agreement is effective upon your creation of a User account or continued use of an existing User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Magic Mops Cleaning; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement. In addition, Magic Mops Cleaning may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate or work legally under applicable law, rule, permit, ordinance or regulation; (2) you fall below Magic Mops Cleaning’s rating or cancellation threshold; (3) Magic Mops Cleaning has the good faith belief that such action is necessary to protect the safety of the Magic Mops Cleaning community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Magic Mops Cleaning’s reasonable satisfaction prior to Magic Mops Cleaning permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Magic Mops Cleaning’s satisfaction, this Agreement will not be permanently terminated. Sections 3, 8, 9, 13, 14, 15, 16, 17, 18, 19, and 21 shall survive any termination or expiration of this Agreement.
18. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
By agreeing to this Agreement, you agree that you are required to resolve any claim that you may have against Magic Mops Cleaning on an individual basis in arbitration, as set forth in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against Magic Mops Cleaning, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against Magic Mops Cleaning by someone else.
Agreement to Binding Arbitration Between You and Magic Mops Cleaning.
YOU AND Magic Mops Cleaning MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Magic Mops Cleaning ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATION AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Magic Mops Cleaning, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND Magic Mops Cleaning. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Magic Mops Cleaning Platform, the Services, any other goods or services made available through the Magic Mops Cleaning Platform, your relationship with Magic Mops Cleaning, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Magic Mops Cleaning, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Magic Mops Cleaning and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrarily of a Claim (including disputes about the scope, applicability, enforce-ability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND Magic Mops Cleaning ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND Magic Mops Cleaning MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND Magic Mops Cleaning BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST Magic Mops Cleaning.
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforce-ability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, the class, collective, and/or representative action on such Claims must be litigated in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.
Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding.
As part of the arbitration, both you and Magic Mops Cleaning will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitration involving different Requester or Providers, but is bound by rulings in prior arbitration involving the same Requester or Provider to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If you initiate arbitration under this Arbitration Agreement after participating in the optional Negotiation process described in subsection (i) below and are otherwise required to pay a filing fee under the relevant AAA Rules, Magic Mops Cleaning agrees that, unless your claim is for $5,000 or more, your share of the filing and arbitration fees is limited to $50, and that, after you submit proof of payment of the filing fee to Magic Mops Cleaning, Magic Mops Cleaning will promptly reimburse you for all but $50 of the filing fee. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the claim 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 such fees will be governed by the AAA Rules.
If Magic Mops Cleaning initiates arbitration under this Arbitration Agreement, Magic Mops Cleaning will pay all AAA filing and arbitration fees.
With respect to any Claims brought by Magic Mops Cleaning against a Provider, or for Claims brought by a Provider against Magic Mops Cleaning that: (A) are based on an alleged employment relationship between Magic Mops Cleaning and a Provider; (B) arise out of, or relate to, Magic Mops Cleaning’s actual deactivation of a Provider’s User account or a threat by Magic Mops Cleaning to deactivate a Provider’s User account; (C) arise out of, or relate to, Magic Mops Cleaning’s actual termination of a Provider’s Agreement with Magic Mops Cleaning under the termination provisions of this Agreement, or a threat by Magic Mops Cleaning to terminate a Provider’s Agreement; or (D) arise out of, or relate to, home service fees (as defined in this Agreement, including Magic Mops Cleaning’s commission on the home service fees), tips, or average hourly guarantees owed by Magic Mops Cleaning to Providers for Services, other than disputes relating to referral bonuses, other Magic Mops Cleaning promotions, or consumer-type disputes (the subset of Claims in subsection within this section listed as (A)-(D) shall be collectively referred to as “Provider Claims”), Magic Mops Cleaning shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Magic Mops Cleaning pursuant to the fee provisions above). However, if you are the party initiating the Provider Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Services to Requester, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (d)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Location and Procedure.
Unless you and Magic Mops Cleaning otherwise agree, the arbitration will take place in the county where you reside. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. If your Claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Magic Mops Cleaning submit to the Arbitrator, unless you request a hearing or the Arbitrator determines that a hearing is necessary. If your Claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.
Exceptions to Arbitration
You and Magic Mops Cleaning agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
In addition to other severability provisions in this Agreement, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
Notwithstanding the provisions in this Agreement regarding consent to be bound by amendments to the Agreement, if Magic Mops Cleaning changes this Arbitration Agreement after the date you first agreed to the Agreement (or to any subsequent changes to the Agreement), you may reject any such change by providing Magic Mops Cleaning written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Effective” date above. This written notice must be delivered by: (1) electronic mail to optoutarbitration@MagicMopsCleaning.com, or (2) by certified mail, postage prepaid and return receipt requested, or by any nationally recognized delivery service (e.g, UPS, Federal Express, etc.) that is addressed to:
Magic Mops Cleaning, LLC
1117 Ashley Avenue
Indian Harbour Beach, FL 32937
In order to be effective, (A) the writing must include the name, phone number, and email address associated with your User Account, and (B) the email or envelope containing the signed writing must be sent within 30 days of the date this Agreement is executed by you. Should you not opt out within the 30-day period, you and Magic Mops Cleaning shall be bound by the terms of this Arbitration Agreement in full.
If you do agree to arbitration of Provider Claims with Magic Mops Cleaning under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims you may have, and seek all monetary and other relief, against Magic Mops Cleaning in an individual arbitration provision. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Provider Claims under this Arbitration Agreement.
Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Magic Mops Cleaning may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Magic Mops Cleaning. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Magic Mops Cleaning’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Magic Mops Cleaning for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Magic Mops Cleaning in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Magic Mops Cleaning with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Magic Mops Cleaning or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Magic Mops Cleaning; becomes known to you, without restriction, from a source other than Magic Mops Cleaning without breach of this Agreement by you and otherwise not in violation of Magic Mops Cleaning’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Magic Mops Cleaning to enable Magic Mops Cleaning to seek a protective order or otherwise prevent or restrict such disclosure.
20. Other Services
In addition to connecting Requester with Providers, the Magic Mops Cleaning Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Magic Mops Cleaning Platform to request home, auto, or other services from local Providers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Magic Mops Cleaning Platform, you authorize Magic Mops Cleaning to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Magic Mops Cleaning is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Magic Mops Cleaning Platform.
21. Payment Processing Service Terms
Payment processing services for Service Providers on QOM are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a Service Provider on QOM, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of QOM enabling payment processing services through Stripe, you agree to provide QOM accurate and complete information about you and your business, and you authorize QOM to share it and transaction information related to your use of the payment processing services provided by Stripe.
22. Other Provisions
Choice of Law. Except as provided in the Arbitration Agreement section, this Agreement shall be governed by the laws of the State of Arizona without regard to choice of law principles. This choice of law provision is only intended to specify the use of Arizona law to interpret this Agreement and is not intended to create any other substantive right to non-Arizonans to assert claims under Arizona law whether by statute, common law, or otherwise.
Sever-ability. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement.
Notice. You agree that this Agreement and all incorporated agreements may be automatically assigned by Magic Mops Cleaning, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Magic Mops Cleaning shall be given by certified mail, postage prepaid and return receipt requested to Magic Mops Cleaning, LLC, 1117 Ashley Avenue Indian Harbour Beach, FL 32937. Any notices to you shall be provided to you through the Magic Mops Cleaning Platform or given to you via the email address or physical you provide to Magic Mops Cleaning during the registration process.
General. You may not assign these Terms without Magic Mops Cleaning’s prior written approval. Magic Mops Cleaning may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Magic Mops Cleaning’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Magic Mops Cleaning or any Third Party Provider as a result of this Agreement or use of the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Magic Mops Cleaning with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Magic Mops Cleaning Platform or Services, please contact our Customer Support Team through our Contact form which can be found on our website.
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