Terms and Conditions
Abode's Terms and Conditions
Updated Policies
PLEASE REVIEW THIS AGREEMENT CAREFULLY.
Please be aware of the cancellation fee and pre-cleaning instructions.
This Agreement constitutes a legal agreement between you ("you" or "User") and Abode Home Maintenance LLC d/b/a Abode Technologies and its affiliates, parents, and subsidiaries (collectively, "AHM LLC" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at https://abode-cleaning.com as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Abode Platform".
By accessing, using or registering with the Abode Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Abode Platform. Abode's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the Abode Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
Your agreement that no claims can be adjudicated on a class basis.
Your acknowledgment of and agreement to pay Abode's Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the Abode Platform.
Your acknowledgment of and agreement to Abode's dormant account service fees.
Your acknowledgment of and agreement to Abode's cancellation policies and cancellation fees.
If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or Abode Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms.
Your agreement to release Abode from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought.
Abode's sole liability with respect to disputes is set forth in the Abode Guarantee. Home Improvement Referrals are NOT covered by the Abode Guarantee.
Your agreement that Abode's Happiness Guarantee is limited to only Payments paid by Requesters through the Abode Platform for Professional Services that are booked and paid through the Abode Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.
Your agreement to indemnify Abode from claims due to your use, misuse or inability to use the Abode Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Abode Platform.
Your consent to any modifications or amendments to this Agreement. Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Abode Home Maintenance LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
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modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
attempt to decompile or reverse engineer any software contained on Abode Home Maintenance LLC's web site;
remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or “mirror” the materials on any other server.
Disclaimer
The materials on Abode Home Maintenance LLC's web site are provided "as is". Abode Home Maintenance LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Abode Home Maintenance LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall Abode Home Maintenance LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Abode Home Maintenance LLC's Internet site, even if Abode Home Maintenance LLC or an Abode Home Maintenance LLC's authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions And Errata
The materials appearing on Abode Home Maintenance LLC's web site could include technical, typographical, or photographic errors. Abode Home Maintenance LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Abode Home Maintenance LLC may make changes to the materials contained on its web site at any time without notice. Abode Home Maintenance LLC does not, however, make any commitment to update the materials.
Links
Abode Home Maintenance LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Abode Home Maintenance LLC of the site. Use of any such linked web site is at the user's own risk.
Site Terms Of Use Modifications
Abode Home Maintenance LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.
Governing Law
Any claim relating to Abode Home Maintenance LLC's web site shall be governed by the laws of the State of Utah without regard to its conflict of law provisions.
General Terms and Conditions applicable to any Users of abode.deals and all Abode Home Maintenance LLC web domains.
Service Policy
This Service Policy constitutes a legally binding agreement (the "Agreement") between you and That's Clean Maids LLC ("That's Clean Maids," "we," "us," or "our") that governs your access or use of the applications, websites, content, products, and service (collectively, the "That's Clean Maids Platform") made available by That's Clean Maids.
Any persons (whether individual, company, or entity) hereby referred to as a you, user, customer, and/or client, who books a service with That's Clean Maids in any way including but not limited to over the website, email, phone call, text message, or in-person is agreeing to the terms set forth by this document.
By entering into this Agreement, you expressly acknowledge that you understand this Agreement 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 That's Clean Maids PLATFORM.
Platform
That's Clean Maids PROVIDES A MARKETPLACE PLATFORM where persons seeking home services (“Service Requesters” or “Requesters”) can be matched with persons, companies, or entities offering home services (“Service Providers” or “Providers”). Requesters and Providers are collectively referred to herein as “Users.” Users can create a User account which enables access to the That's Clean Maids Platform. For purposes of this Agreement, the services provided by Providers to Requesters that are matched through the Platform shall be referred to collectively as the “Services,” “jobs,” “bookings,” or “Home Services”.
All Users requesting or accepting services from That's Clean Maids are aware That's Clean Maids is a platform and not a service provider. The Service Provider is being hired to fulfill a duty outside of the competency of That's Clean Maids. Service Providers will be responsible for fulfilling services assigned to them based on their selected criteria through the That's Clean Maids platform. 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.
Special Promotions; Gift Cards and Vouchers.
a. Changes to Promotions.
We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
b. Promotional Coupons
i. Promotional coupons are only eligible for the specific services designated by AHM. LLC. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. AHM. LLC reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons
ii. AHM. LLC promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the AHM. LLC Platform. Promotional coupons may not be purchased for cash and AHM. LLC does not sell promotional coupons. Promotional coupons are nonrefundable.
iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.
iv. Your AHM. LLC account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your AHM. LLC account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
c. Referral Discounts.
In the event that you are given a code through which you may refer a friend to the AHM. LLC Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. AHM. LLC referral discounts are redeemable only for Professional Services. AHM. LLC referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us atabode-cleaning.com/helpor visit https://abode-cleaning.com.
d. Vouchers.
i. AHM. LLC vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.
ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.
iii. You agree that you will comply with all Voucher terms and conditions.
iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards
e. Gift Cards
i. AHM. LLC Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.
iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.
iv. You agree that you will comply with all Gift Card terms and conditions.
v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.
vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.
vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $10,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $2,000 in any one day.
viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
ix. A Gift Card is void if copied, altered, transferred, purchased or sold.
x. Purchases of Gift Cards are final and not refundable. All sales are final
xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.
xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us https://abode-cleaning.com.
xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.
Intellectual Property Rights.
The AHM. LLC Platform, and the information, data, content and materials, which it contains ("AHM. LLC Materials"), are the property of AHM. LLC and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which AHM. LLC has a right to use as described below. The AHM. LLC Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. AHM. LLC and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the AHM. LLC Materials. Any use of AHM. LLC Materials, other than as expressly permitted herein, is prohibited without the prior permission of AHM. LLC and/or the relevant right holder. The service marks and trademarks of AHM. LLC, including without limitation any and all AHM LLC domains, and the AHM. LLC logo are service marks owned by AHM. LLC. Any other trademarks, service marks, logos and/or trade names appearing on the AHM. LLC Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the AHM. LLC Platform without the express prior written consent of the owner.
Copyright Complaints and Copyright Agent. AHM. LLC respects the intellectual property of others, and expects Users to do the same. AHM. LLC will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the AHM. LLC Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to AHM. LLC a properly submitted copyright notice as indicated below, AHM. LLC will investigate, and if it determines, in its discretion, that the material is infringing, AHM. LLC will remove the content and may terminate the access of the User who posted such content to the AHM. LLC Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that AHM. LLC may find it on the AHM. LLC Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and email address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
AHM. LLC's contact information for notice of alleged copyright infringement is: Email: support@abode-cleaning.com
Or via Mail: Attn: Copyright Agent Abode Home Maintenance 126 W 12300 S Suite A. Draper, UT 84020
Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE ABODE PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AHM. LLC PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER AHM. LLC NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE AHM. LLC PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE AHM. LLC PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AHM. LLC PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE AHM. LLC PLATFORM OR THIS AGREEMENT. ACCESS TO THE AHM. LLC PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER AHM. LLC NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE AHM. LLC PLATFORM. NEITHER AHM. LLC NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE AHM. LLC PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. AHM. LLC AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. NO LIABILITY. YOU AGREE NOT TO HOLD AHM. LLC, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE AHM. LLC PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY AHM. LLC OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL AHM. LLC OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE AHM. LLC PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE AHM. LLC'S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL AHM. LLC OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE AHM. LLC PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE AHM. LLC'S HAPPINESS GUARANTEE. AHM. LLC AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE AHM. LLC PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT AHM. LLC OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO AHM. LLC DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE AHM. LLC HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).
c. RELEASE. AHM. LLC AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE AHM. LLC PLATFORM. TO THE EXTENT THAT THE AHM. LLC PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, AHM. LLC WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE AHM. LLC FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE AHM. LLC AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
ADDITIONAL DISCLAIMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE AHM. LLC PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE AHM. LLC PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE AHM. LLC PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE AHM. LLC PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE ABODE PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, AHM. LLC HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST AHM. LLC'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE AHM. LLC'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS AHM. LLC.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Indemnification. You hereby agree to indemnify, defend, and hold harmless AHM. LLC, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the AHM. LLC Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the AHM. LLC Platform. AHM. LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of AHM. LLC.
Mutual Arbitration Agreement.
a. Informal Negotiations.
To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and AHM. LLC, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and AHM. LLC may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to AHM. LLC. AHM. LLC's address for such notices is: and/or by mail to AHM. LLC Technologies, Inc., Attn: Legal, 126 W 12300 S Suite A. Draper, UT 84020.
b. Arbitration.
If a Dispute is not resolved through Informal Negotiations, you and AHM. LLC agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, AHM. LLC will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.
c. Excluded Disputes.
You and AHM. LLC 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 temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and AHM. LLC agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding.
A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
Severability.
You and AHM. LLC agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.
Governing Law; Jurisdiction.
Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.
Assignment.
This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
General Provisions.
All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and AHM. LLC with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to AHM. LLC. AHM. LLC's address for such notices is:legal@abode-cleaning.comand/or by mail to AHM. LLC Technologies, Inc., Attn: Legal, 126 W 12300 S Suite A. Draper, UT 84020. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by AHM. LLC, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. AHM. LLC shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond AHM. LLC's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
Changes to this Agreement
We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the AHM. LLC Platform. Your continued use of the AHM. LLC Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
Severability
These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Service Provider Relationship
As a Provider on the Abode Home Maintenance Platform, you acknowledge and agree that you and Abode Home Maintenance 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 Abode Home Maintenance expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Abode Home Maintenance; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Abode Home Maintenance, and you undertake not to hold yourself out as an employee, agent or an authorized representative of Abode Home Maintenance.
Abode Home Maintenance 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 Abode Home Maintenance. You retain the option to accept or to decline or ignore a Requester's request for Services, or to cancel an accepted request for Services via the Platform, subject to Abode Home Maintenance then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Abode Home Maintenance shall have no right to require you to: (a) display Abode Home Maintenance names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Abode Home Maintenance 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.
Independent Cleaning Professionals
Abode Home Maintenance is not the employer of the domestic worker/independent contractor it referred to you. The domestic worker/independent contractor may be your employee or an independent contractor depending on the relationship you have with him or her. If you direct and control the manner and means by which the domestic worker performs his or her work you may have employer responsibilities, including employment taxes and worker's compensation, under state and federal law. For additional information contact your local Employment Development and the Internal Revenue Service.
No Employment. Abode provides a software platform which allows you to obtain certain home services to be completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. Abode is not the employer of any Professional and Professionals are not Abode's agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.
Permanent Referral Placement
A client can hire an independent contractor/domestic worker for permanent domestic referral placement and work directly with the cleaner, without going through Abode Home Maintenance LLC (Abode Home Maintenance). If you wish to do so, we can send additional information. There is a $1200 fee for the services of securing a domestic helper/employee. Soliciting a cleaner for private placement will result in a placement fee.
Modification To The Agreement
Abode Home Maintenance reserves the right to modify any information referenced in the hyperlinks from this Agreement. Such modifications shall become effective upon posting. In the event Abode Home Maintenance 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 Abode Home Maintenance Platform or Services after any such changes shall constitute your consent to such changes.
Right Of Refusal
Abode Home Maintenance reserves the right to refuse service to anyone for any reason. These reasons include but are not limited to: not being able to gain entry to a home, no power, no electricity, no air conditioning or heating, frequent cancellations or schedule changes, improper or dishonest booking, project out of scope of the original booking, not listing all the bedrooms, bathrooms or total sqft (even if we're not cleaning them), being rude to staff or Providers, poaching or attempting to poach Providers away from Abode Home Maintenance (at any price), and/or incorrect or non-functioning billing information.
Appointment Confirmations
Once a booking has been processed online it must be manually confirmed. If Abode Home Maintenance can't confirm an appointment, the appointment may be canceled. At which time the Requester will receive a cancellation notice. Any confirmation emails which may have been received are subject to change. Meaning, an appointment which was once confirmed can become unconfirmed depending on circumstances. Abode Home Maintenance is not bound to perform a service even if the service has been confirmed.
Eligibility
The Requester is eligible for the Guarantee provided the Requester reports the issue within twenty four (24) hours of the Service appointment. For Recurring Services, each Service is treated as a separate occurrence.
Damage Or Theft Claims
Abode Home Maintenance is not responsible for damage or theft resulting from any service provided through our service platform. Your assigned subcontractor/domestic worker is responsible for all damage and theft claims. Abode Home Maintenance can assist in providing subcontractor/domestic worker's contact information and their relevant insurance policy documents. The cleaning professionals are responsible for their own work. If there is any breakage or damage, they will handle this issue with you directly. Abode Home Maintenance LLC is not the employer of the cleaner we refer to you.
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 subcontractor insurance is secondary.
Coverage Under the Abode Home Maintenance Happiness Guarantee.
A Requester will be covered under the Guarantee for every Service, subject to the exclusions below, provided:
The Service is agreed to between a Requester and a Provider through the Abode Home Maintenance Platform, performed by the Provider hired by the Requester and paid for in full through the Abode Home Maintenance Platform;
Your Booking does not violate Abode Home Maintenance Terms of Use;
The original service or request/s made during the service do not put the provider in harm's way or include services which aren't part of the original scope, as outlined on Abode Home Maintenance Services Page;
The Requester has reported the claim within 24 hours of the Service;
The Requester's account with That's Clean Maids is in good standing with no outstanding balances owed to Abode Home Maintenance or Providers;
The Provider was not able to gain entry to the service location during the scheduled time of the service;
There was no available source of power or no electricity at the service location during the scheduled time of the service;
There was no air conditioning or heating at the service location during the scheduled time of the service;
There's no available source of water at the service location during the scheduled time of the service;
Requester failed to disclose the full size of the property being serviced. Requester is required to include the full size of the property including areas of the property not being serviced as well as those being serviced;
Requester failed to disclose the need for mold, construction, or a remediation cleaning, or other services That's Clean Maids doesn't accommodate. Services That's Clean Maids doesn't accommodate are outlined on Abode Home Maintenance Services page.
The 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;
losses for property damage and theft exceeding the original value and/or replacement value of 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 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 Abode Home Maintenance; and losses with insufficient documentation.
Submitting a Claim
Issues can be reported by phone at (801)-845-0297, or email at claims@abode-cleaning.com. Depending on the nature of the claim, Abode Home Maintenance may ask for additional information. For a claim to be considered "reported" all requested information such as police reports, photos, security footage, and/or other requested information must be submitted within seventy-two (72) hours of the original contact (claim phone call or email) and considered satisfactory evidence to the claim.
Abode Home Maintenance is just assisting you in the process. Abode Home Maintenance can help to gather information about what happened to help communicate this on your behalf if needed to insurance companies or subcontractor/domestic worker's.
After a claim has been reported additional information may be required. If additional information is required, Abode Home Maintenance requires communication with the Requester. A failure to communicate with Abode Home Maintenance and/or ability to provide needed information or evidence may result in not being able to process a claim by the subcontractors insurance provider. Abode Home Maintenance helps to facilitate the claim process only. Abode Home Maintenance LLC doing business as Abode Home Maintenance is not responsible for any claims being made or reported. Your assigned subcontractor is responsible for any damage or theft related claims.
Charges
As a Requester, you agree to pay the amounts charged for your use of the Abode Home Maintenance's Platform and Services (“Charges”). Charges include the cost for Services and other applicable fees, surcharges, and taxes as set forth by Abode Home Maintenance Booking Page available at abode.deals, plus any tips to the Provider you elect to pay.
Abode Home Maintenance reserves the right to determine and modify pricing by posting applicable pricing terms to the Abode Home Maintenance booking page. Pricing may vary based on the type of service requested (e.g., standard cleaning, deep cleaning, etc) as described on Abode Home Maintenance booking page. You're responsible for reviewing the applicable 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.
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 selected by the Requester.
Flat Rates Continued:
Abode Home Maintenance services are based on flat rates. They are not based on hours. Prices are always set and agreed upon by Abode Home Maintenance sales representatives and the client prior to the service date. Clients must submit any changes to their service 24 hours prior to their cleaning start time. For example, if you scheduled a deep clean and want to change to a regular cleaning. Or if you want to remove an extra room you decided to add on during the sale. The price discussed during your initial text/call is the flat rate for your service. If during the service you do not have the cleaners clean particular rooms, this will not reduce the price of the original flat rate agreed upon by you and the sales representative from Abode Home Maintenance. If changes need to be made, please request those changes 24 hours prior to the cleaning. If you have questions about our pricing please reach out to our staff so we can assist you.
Quoted Home Service Fees
Abode Home Maintenance may quote you a 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 service and/or charge an adjusted home service fee based on the true details of the home and the conditions in the home. Abode Home Maintenance does not guarantee that the quoted service 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.
Cancellation Fees
Abode Home Maintenance reserves the right to charge a cancellation fee of $65 for late cancellations. A cancellation will be considered late if the service is canceled within 24 hours before an appointment. Cancellation fees may be charged for other reasons including not being able to get into the building for the service or not being able to contact the original person who booked the appointment. In cases where a Provider is sent to perform a service and aren't able to perform that service at the fault of the Requester, a cancellation fee will always be charged. An example of not being able to perform the service at the fault of the Requester includes but is not limited to not being able to gain entry to perform the service, not having a source of power, or not having a source of water. In select cases, a cancellation fee may be waived as a show of good will. This will not invalidate the cancellation fee for other users.
Headings
The headings in this document are for reference only and shall not affect the interpretation of any meanings of words, terms, sections, or the construction of this Service Policy.
No Waiver
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Service Policy shall operate or be construed as a waiver thereof.
Governing Law
Any claim relating to Abode Home Maintenance Platform, website, or services shall be governed by the laws of the State of Utah or other provinces and states within the United States without regard to its conflict of law provisions.