Terms & Conditions

ChoresNow Terms and Conditions

This Website and ChoresNow's services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the "Terms and Conditions"). Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any ChoresNow services or properties such as websites or apps owned and operated by ChoresNow (including but not limited to ChoresNow.com, the Chores911 website and app, Switchme2 app, Sdf Connect app, etc) and collectively referred to herein as "ChoresNow," on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us at www.ChoresNow.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on March 11, 2016

1. INTRODUCTION TO ChoresNow

Upon registration, you may choose your own password or ChoresNow will assign you a password to access the ChoresNow services through the ChoresNow website or apps.

2. ChoresNow SERVICES

At ChoresNow we are committed to making your total ChoresNow experience a positive one. There are several ways you can find service professionals from ChoresNow. Chores911, our service where you request a referral for a specific task, and we refer you to up to four service professionals. Also you may select or search for individual service professionals from our Live Directory, a directory of service professional members along with their ratings and reviews.

1. Chores911. Upon entering your information and the request for which you would like a service professional, we will attempt to match you with up to four service professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a service professional or that there are service professionals in your area that are either capable or willing to complete your service needs.
2. LiveDirectory. You can view a directory of service professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those service professionals from their customers, when available.
3. Instant Connect. With Instant Connect, you can request that ChoresNow connect you with a contractor by phone immediately. If you request, ChoresNow will search for a service professional member and connect you with them by phone.
4. Instant Booking. You can choose to schedule appointments with certain of our service professionals right on the ChoresNow website. Please be aware that ChoresNow does not guarantee that the service professionals will be on time for, or show up for, any such booked appointments, as the service professionals are not the employees, contractors or agents of ChoresNow. ChoresNow is solely providing the platform to facilitate scheduling of appointments between you and our member service professionals.
5. No Guarantees or Endorsements. Although we take certain steps to examine the credentials of our listed service professionals, we make no guarantees or representations regarding the skills or representations of such service professional or the quality of the job that he or she may perform for you if you elect to retain their services. ChoresNow does not endorse or recommend the services of any particular service professional. It is entirely up to you to evaluate a service professional's qualifications, and to enter into a direct contract or otherwise reach agreement with a service professional. We do not guarantee or warrant any service professional's performance on the job or the outcome or quality of the services performed. The service professionals are not employees or agents of ChoresNow, nor is ChoresNow an agent of the service professionals.
6. No Contracting via the ChoresNow Website. ChoresNow may inform you of certain offers or discounts provided by a service professional. Such offers or discounts are made solely by the service professional, and ChoresNow does not guarantee or warrant the pricing or discounts that a service professional may offer you. Any quotes provided by Service Professionals via the ChoresNow or apps, or which you find on the ChoresNow or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via ChoresNow. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via ChoresNow. To contract with a Service Professional, you must work directly with the Service Professional. ChoresNow does not perform, and is not responsible for, any of the services requested by you in your service request. Your rights under contracts you enter into with service professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
7. Release from Damages or Claims. Should you have a dispute with any service professional, you must address such dispute with the service professional directly. YOU HEREBY AGREE TO RELEASE ChoresNow (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROFESSIONALS.

1. YOUR USE OF THE ChoresNow SERVICES AND PROHIBITED USES

You acknowledge and agree that your use of ChoresNow is for your personal use and not for advertising purposes. You may not use ChoresNow to recreate or compete with ChoresNow, to solicit or harass ChoresNow service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to ChoresNow for any such damages, and will indemnify ChoresNow in the event of any third party claims against ChoresNow based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any ChoresNow products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by ChoresNow in its sole discretion that you are misusing or attempting to misuse or circumvent the ChoresNow services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, ChoresNow reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

4. INFORMATION YOU PROVIDE TO US

Upon using ChoresNow, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with ChoresNow and its partners and thus agree to be contacted by ChoresNow and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or ChoresNow has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ChoresNow has the right to refuse any current or future use of the ChoresNow services (or any portion thereof) by you. You are responsible for any use of the ChoresNow services by persons to whom you intentionally or negligently allow access to your password.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO ChoresNow AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ChoresNow AND EACH ChoresNow SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF ChoresNow AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

5. SMS MESSAGING

By submitting a service request, you agree that ChoresNow and its service professionals may send you informational text (SMS) messages as part of the normal business practice of ChoresNow. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from ChoresNow at any time by texting the word STOP to 09897 from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from ChoresNow and its service professionals, your use of ChoresNow services may be impacted.

6. DISPUTE RESOLUTION ASSISTANCE

While we cannot guarantee the work performed by a listed service professional, and while we have no obligation to you with regard to your relationship with a service professional, the ChoresNow resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with a service professional who you learned about through the ChoresNow Services. We may, upon your request, provide limited assistance in resolving disputes between you and a service professional. You must participate and use good faith efforts to resolve problems through the ChoresNow resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions.

7. CALL RECORDING

You acknowledge and agree that ChoresNow may monitor and/or record any telephone calls between you and ChoresNow.

8. USER GENERATED CONTENT

You agree that all of the content and information posted by you or your agents or designees on ChoresNow, including but not limited to:

• Ratings & Reviews
• Photographs or Images,
• Comments, Questions and/or Answers,
• Any other content
  (known collectively as "Content") is the sole and exclusive property of ChoresNow, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
  1. Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
  2. Grant of License. You hereby grant ChoresNow and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the ChoresNow and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
  3. Representation of Ownership and Right to Use Content. By posting or providing any Content to ChoresNow, you represent and warrant to ChoresNow that you own or have all necessary rights to use the Content, and grant to ChoresNow the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
  4. Content Guidelines. ChoresNow reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any ChoresNow owned or operated websites or apps if ChoresNow determines (in its sole discretion) that such content contains or features any of the following:
     1. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
     2. References to illegal activity.
     3. Language that violates the standards of good taste or the standards of this Site.
     4. Statements that are or appear to be false.
     5. Comments that disparage ChoresNow.
     6. With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
        1. Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet").
        2. Comments concerning a different Service Professional.
        3. Information not related to work requested in the service request.
        4. If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.

1. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.

Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the ChoresNow server ("Server") is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of ChoresNow. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the ChoresNow or apps or any other ChoresNow owned, operated, licensed or controlled site. Elements of the ChoresNow or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any ChoresNow web Site may be copied or retransmitted unless expressly permitted by ChoresNow. ChoresNow AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ChoresNow AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE ChoresNow WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ChoresNow AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.

10. SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS

Unless otherwise noted on the screening tab of a service professional's profile page, ChoresNow.com uses the following criteria as part of its registration enrollment process ("registration") for new service professionals, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network:

0. Licensing - ChoresNow confirms at the time of a service professional's registration, that a prospective new SP member has all applicable required state-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, ChoresNow relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
1. State Business Filings - For service professionals that are corporations or limited liability companies, we confirm that the service professional is in good standing in the state in which it is located.
2. Criminal Records Search - ChoresNow uses 3rd party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such service professional's registration with ChoresNow.
3. Sex Offender Search - In the state in which the owner/principal of the company is located, we check the state's official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.
4. Identity Verification (Social Security Number) - ChoresNow verifies the social security number(s) of the service professional's owner/principal for identity check purposes. This check applies primarily to smaller business entities.
5. Legal Search for Civil Judgments - We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, in the state in which the owner/principal of the company is located, both within the twelve months prior to such service professional's registration with ChoresNow.

WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE, SOCIAL SECURITY NUMBER)

NOTE: ChoresNow PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE ChoresNow NETWORK, AND THEREFORE A SERVICE PROFESSIONAL'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, ChoresNow CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. ChoresNow IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.

Corporate Accounts: Some Service Professionals are employees, franchisees, dealers, or independent contractors ("Corporate SP's") of larger national or corporate accounts ("Corporate Accounts"). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP's. The above screening criteria is not applicable to Corporate Accounts, and therefore, ChoresNow does not screen the Corporate Accounts or Corporate SP's.

Service Professionals Profiles: ChoresNow allows Service Professionals to post profiles about themselves and their business on the ChoresNow or apps. ChoresNow does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. ChoresNow therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.

The above procedures may change from time to time at the sole discretion of ChoresNow. ChoresNow believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the ChoresNow network. ChoresNow does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that ChoresNow checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.

DISCLAIMER: CHORESNOW EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.

11. RATINGS & REVIEWS ARE NOT ENDORSED BY CHORESNOW.COM

All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of ChoresNow. ChoresNow disclaims any and all representations or warranties with regard to the Ratings and Reviews. ChoresNow does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.

12. ARTICLES AND OTHER CONTENT

ChoresNow provides certain content relating to home improvement, repair, maintenance ("Articles"), on the ChoresNow or apps, and via mobile applications owned and operated by ChoresNow. Such Articles are provided "As-Is", without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.

13. LINKS TO THIRD PARTY SITES

The links in the ChoresNow or apps will let you leave ChoresNow's Web site. The linked sites are not under the control of ChoresNow and ChoresNow is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. ChoresNow is not responsible for webcasting or any other form of transmission received from any linked site. ChoresNow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChoresNow of the site.

14. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS

ChoresNow respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at dmcacopyrightnotice@ChoresNow.com.

15. INDEMNIFICATION

YOU AGREE TO INDEMNIFY CHORESNOW, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE CHORESNOW SERVICES, IN CONNECTION WITH THE CHORESNOW WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.

16. ARBITRATION AND GOVERNING LAW

The exclusive means of resolving any dispute between you and ChoresNow or any claim made by you or ChoresNow arising out of or relating to your use of this Website and/or ChoresNow's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against ChoresNow in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against ChoresNow any class action, class arbitration, or other representative action or proceeding.

*NOTICE OF RIGHTS*

0. By using the Website and/or ChoresNow's services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and ChoresNow (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
1. Any proceeding to enforce this arbitration provision, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration provision is for any reason held to be unenforceable, any litigation against ChoresNow (except for small-claims court actions) may be commenced only in the federal or state courts located in Los Angeles County, California. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
2. These Terms and Conditions, and any dispute between you and ChoresNow, shall be governed by the laws of the state of California without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

17. GENERAL PROVISIONS

You acknowledge and agree that the ChoresNow services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and ChoresNow's sole obligation to you or any third party for any claim arising out of your use of the ChoresNow services or the ChoresNow or apps, is that you are free to discontinue your use of the ChoresNow services or the ChoresNow or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CHORESNOW EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT CHORESNOW SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF CHORESNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of ChoresNow's successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of ChoresNow to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the ChoresNow services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely in the State of California and between Califonia residents. You agree to submit to jurisdiction in California and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Los Angeles County, California. These Terms and Conditions constitute the entire agreement between you and ChoresNow and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.

© 2016 ChoresNow, Inc. All rights reserved.