IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 17.
This Agreement constitutes a legal agreement between you (“you” or “User”) and Merry Maids Company d/b/a MerryMaid™ and its affiliates, parents, and subsidiaries (collectively, “MerryMaid™” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.GotMaidServices.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 “MerryMaid™ Platform”.
By accessing, using or registering with the MerryMaid™ 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 MerryMaid™ Platform. MerryMaid™’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 MerryMaid™ 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.
- 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 (Section 17).
- Your agreement that no claims can be adjudicated on a class basis (Section 17).
- Your agreement that the MerryMaid™ Platform is provided “as is” and without warranty (Section 15).
- Your agreement that the MerryMaid™ Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that MerryMaid™ has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 15).
- Your acknowledgment of and agreement to pay MerryMaid™’s Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the MerryMaid™ Platform (Section 3(f)).
- Your acknowledgment of and agreement to MerryMaid™’s cancellation policies and cancellation fees (Section 4).
- Your agreement to release MerryMaid™ from liability based on claims relating to Services and otherwise (Section 15) and your agreement to the limitation of time within which a claim can be brought (Section 20).
- Your agreement to indemnify MerryMaid™ from claims due to your use, misuse or inability to use the MerryMaid™ 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 MerryMaid™ Platform (Section 16).
- Your agreement that MerryMaid™’s Happiness Guarantee is limited to only Payments paid by Requesters through the MerryMaid™ Platform for Professional Services that are booked and paid through the MerryMaid™ Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.
The MerryMaid™ Platform is Solely a Venue for Communications; Background Checks.
a) The MerryMaid™ Platform is Solely a Venue for Communications. The MerryMaid™ Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and/or individuals and entities seeking to provide services (“Professionals”). Requesters and Professionals together are referred to as “Users”. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services”. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the MerryMaid™ Platform or from a third party (“Merchandise”), but shall not be deemed to include the Merchandise itself. MerryMaid™ does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the MerryMaid™ Platform. MERRYMAID™, THROUGH THE MERRYMAID™ PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, MERRYMAID™, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. MERRYMAID™ IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
b) Background Checks and Licensing. MERRYMAID™ CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD PARTY BACKGROUND CHECK SERVICES; PROVIDED, HOWEVER, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. 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. 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. We always recommend that you ask the Professional to provide you with a copy of their license. MERRYMAID™ PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE MERRYMAID™ PLATFORM. MERRYMAID™ CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONALS’ PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. MERRYMAID™ IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL’S BACKGROUND CHECK OR PROFILE. BY USING THE MERRYMAID™ PLATFORM, THE REQUESTER AGREES TO HOLD MERRYMAID™ FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. MERRYMAID™ IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the MerryMaid™ Platform. You are solely and fully responsible for all activities that occur under your password or account, except that MerryMaid™ may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. MerryMaid™ has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at email@example.com. Nothing in this section shall affect MerryMaid™’s rights to limit or terminate the use of the MerryMaid™ Platform, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By using the MerryMaid™ platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and 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 the MerryMaid™ Platform, 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. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by MerryMaid™, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of MerryMaid™, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the MerryMaid™ Platform or Services, updates concerning new and existing features on the MerryMaid™ Platform, communications concerning promotions run by us, and news concerning MerryMaid™ and industry developments. For certain Professional Services, you also expressly authorize MerryMaid™ to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either MerryMaid™ or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the MerryMaid™ Platform and requesting Professional Services, you are entering into a business relationship with MerryMaid™ and/or Professionals and thus agree to be contacted by MerryMaid™ and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the MerryMaid™ Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from MerryMaid™ at any time. You may opt-out of receiving all text (SMS) messages from MerryMaid™ (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the MerryMaid™ Platform or the Services. You also acknowledge that MerryMaid™ or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to MerryMaid™’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by MerryMaid™. During this process, MerryMaid™ and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to MerryMaid™’s use and disclosure of this call data for its legitimate business purposes.
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 MERRYMAID™ AND THE PROFESSIONALS, 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 MERRYMAID™ AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF MERRYMAID™ AND EACH OF THE AFFECTED 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.
e. Emails. MerryMaid™ may send you confirmation and other transactional emails regarding the Professional Services. MerryMaid™ and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; Claims.
a. Payments. Users of the MerryMaid™ Platform contract for Professional Services directly with other Users. MerryMaid™ is not a party to any contracts for Professional Services. The MerryMaid™ Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services (“Payments”). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they order through the MerryMaid™ Platform. Prior to the scheduled Professional Service, we will charge the Requester’s credit card according to the amount the Requester has agreed to on the MerryMaid™ Platform with respect to those Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester’s MerryMaid™ Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving MerryMaid™ (or a third-party payment processor on MerryMaid™’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe MerryMaid™. Depending on the transaction you Proed or services requested, MerryMaid™ may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with MerryMaid™ at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying MerryMaid™. Requesters must notify MerryMaid™ either by changing the date or hours of the requested Professional Service through the MerryMaid™ Platform or by visiting the MerryMaid™ Help Center at firstname.lastname@example.org. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the MerryMaid™ Platform. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on MerryMaid™’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to MerryMaid™ or third parties, then MerryMaid™ may withhold any payments to you for as long as we determine any related risks to MerryMaid™ or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
b. Job Rate. The rate per hour for a Professional Service (“Job Rate”) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service. When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the MerryMaid™ platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. MerryMaid™ cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the MerryMaid™ Help Center at email@example.com or by mailing a notice of cancellation to MerryMaid™, Attn: Legal, 8415 45th St, Ste. 400, Lyons, IL 60534. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
d. MerryMaid™ Product and Merchandise Refund Policy.
(i) If you decide that you do not want the Products and Merchandise before it has been unpacked or opened, the Products and Merchandise is broken, defective or otherwise damaged, or if the Products and Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that MerryMaid™ shall not refund the cost of the Professional Services. MerryMaid™ shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Products and Merchandise from the third party manufacturer or distributor, as applicable, of the Products and Merchandise.
(ii) If any Products and Merchandise is broken only in the course of performing the Professional Services, MerryMaid™ will remove and replace the broken Merchandise (or, where applicable, the broken component of the Products and Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that MerryMaid™ shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).
f. MerryMaid™ Trust and Support Fee. MerryMaid™ may assess an additional “Trust and Support Fee” to support the MerryMaid™ Platform, including costs related to background checks, insurance, customer support, and related services provided to you by the MerryMaid™ Platform. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the MerryMaid™ Platform (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by MerryMaid™ in its entirety.
4. Term and Termination; Cancellation of Professional Services; Minimum Commitment; Membership; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by MerryMaid™. We may terminate this Agreement or terminate or suspend your right to use the MerryMaid™ Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the MerryMaid™ Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the MerryMaid™ Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, MerryMaid™ may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the MerryMaid™ Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the MerryMaid™ Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by MerryMaid™.
d. Cleaning Plan with a Minimum Commitment.
(i) Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
(ii) Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
(iii) Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have Proed a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or MerryMaid™ appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and MerryMaid™ appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
(iv) Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your Proed plan will remain active and the MerryMaid™ Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in 4(e) below.
e. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. MerryMaid™’s cancellation policy (found at info@GotMaidServices.com for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the MerryMaid™ Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled by calling 224-422-2000, or by mailing a notice of cancellation to MerryMaid™, Attn.: Legal, 8415 45th St, Ste. 400, Lyons, IL 60534.
f. MerryMaid™ Pro.
(i) Membership: MerryMaid™ may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly MerryMaid™ Platform Pro Membership (“MerryMaid™ Pro”).
(ii) Billing and Renewal: When you first sign up and purchase MerryMaid™ Pro, you will be billed immediately for your initial MerryMaid™ Pro subscription period. By enrolling in MerryMaid™ Pro, in addition to any Professional Services you purchase through MerryMaid™ Pro, you authorize MerryMaid™ to charge you for your initial MerryMaid™ Pro subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your MerryMaid™ Pro will automatically renew and prior to the start of the next subscription period, you will be charged the applicable MerryMaid™ Pro fee to your provided payment method on a recurring basis until canceled as set forth herein.
UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MERRYMAID™ PRO TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MERRYMAID™ PRO WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE MERRYMAID™ (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(iii) Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in MerryMaid™ Pro is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.
(iv) Declination of Payment: If an eligible payment method MerryMaid™ has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your MerryMaid™ Pro will be canceled. If you provide us with a new eligible payment method and are successfully charged, your MerryMaid™ Pro period will be based on the original enrollment or renewal date and not the date of the successful charge.
(v) Cancellation of MerryMaid™ Pro: You will not be charged a MerryMaid™ Pro fee for the subsequent period if you cancel your MerryMaid™ Pro at least three days before your next MerryMaid™ Pro renewal date. You may cancel your MerryMaid™ Pro by calling 224-422-2000, or by mailing a notice of cancellation to MerryMaid™, Attn.: Legal, 8415 45th St, Ste. 400, Lyons, IL 60534. Following cancellation of your MerryMaid™ Pro you will continue to have access to your MerryMaid™ Pro through the end of your current paid MerryMaid™ Pro period. Should you cancel your MerryMaid™ Pro, MerryMaid™ reserves the right to cancel any Professional Service appointments scheduled outside the current paid MerryMaid™ Pro period.
(vi) MerryMaid™ Pro Refunds: The MerryMaid™ Pro fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of MerryMaid™ Pro within three days of (1) signing up for MerryMaid™ Pro or (2) converting from a free MerryMaid™ Pro trial to a paid MerryMaid™ Pro, we will refund your MerryMaid™ Pro fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the MerryMaid™ Pro fee (a) if you purchased MerryMaid™ Pro prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your MerryMaid™ Pro membership to purchase any Professional Services.
(vii) Membership Plans/Promotional Trial Memberships: MerryMaid™ sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
g. Policy for Service Cancellation by Professional. Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, the MerryMaid™ Platform generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional to Pro. However, MerryMaid™ cannot guarantee that a canceled Professional Service appointment will be Proed by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Except for Professional Services that are requested through Home Improvement Referrals, Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
6. Submission Areas. The MerryMaid™ Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with MerryMaid™ (collectively, “Submission Areas”). Some areas in the Submission Areas within the MerryMaid™ Platform will be public and MerryMaid™ will not be responsible for any information or materials posted in such public areas. MerryMaid™ may, in its discretion, publicly post submissions you submit to a non-public area of the MerryMaid™ Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the MerryMaid™ Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the MerryMaid™ Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the MerryMaid™ Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as MerryMaid™ may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the MerryMaid™ Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
7. Rules for Use of the MerryMaid™ Platform. During the term of this Agreement, Requesters may use the MerryMaid™ Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the MerryMaid™ Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the MerryMaid™ Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the MerryMaid™ Platform (including but not limited to any Submission Areas) to do any of the following:
a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
e. Use the MerryMaid™ Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the MerryMaid™ Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the MerryMaid™ Platform without express written permission from us.
h. Use the MerryMaid™ Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
k. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the MerryMaid™ Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
m. Restrict or inhibit any other User from using and enjoying the MerryMaid™ Platform.
n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the MerryMaid™ Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the MerryMaid™ Platform in any manner, or attempt to do any of the foregoing.
p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
s. Register to use the MerryMaid™ Platform under different usernames or identities, after your account has been suspended or terminated.
t. Mirror or archive any part of the MerryMaid™ Platform or any content or material contained on the MerryMaid™ Platform without MerryMaid™’s written permission.
u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
v. Alter transmission data without MerryMaid™’s consent
w. Purchase Merchandise for the purposes of reselling it.
8. No Employment. MerryMaid™ provides a software platform which allows you to connect with independent Professionals. MerryMaid™ is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of MerryMaid™ for any purpose whatsoever.
9. 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 Credit
i. Promotional credit is only eligible for the specific services designated by MerryMaid™. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. MerryMaid™ reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit.
ii. MerryMaid™ promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the MerryMaid™ Platform. Promotional credits may not be purchased for cash and MerryMaid™ does not sell promotional credit. Promotional credit is nonrefundable.
iii. Promotional credits 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 MerryMaid™ account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your MerryMaid™ account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit.
v. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
c. Referral Credits. In the event that you are given a code through which you may refer a friend to the MerryMaid™ Platform in exchange for a referral credit, 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. MerryMaid™ referral credits are redeemable only for Professional Services. MerryMaid™ referral credits 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 at info@GotMaidServices.com.
i. MerryMaid™ 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. MerryMaid™ 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.
vi. 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.
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.
10. Intellectual Property Rights. The MerryMaid™ Platform, and the information, data, content and materials, which it contains (“MerryMaid™ Materials”), are the property of MerryMaid™ and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which MerryMaid™ has a right to use as described below. The MerryMaid™ Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. MerryMaid™ 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 MerryMaid™ Materials. Any use of MerryMaid™ Materials, other than as expressly permitted herein, is prohibited without the prior permission of MerryMaid™ and/or the relevant right holder. The service marks and trademarks of MerryMaid™, including without limitation MerryMaid™ logo are service marks owned by Merry Maids Company. Any other trademarks, service marks, logos and/or trade names appearing on the MerryMaid™ 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 MerryMaid™ Platform without the express prior written consent of the owner.
11. Copyright Complaints and Copyright Agent. MerryMaid™ respects the intellectual property of others, and expects Users to do the same. MerryMaid™ 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 MerryMaid™ Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to MerryMaid™ a properly submitted copyright notice as indicated below, MerryMaid™ will investigate, and if it determines, in its discretion, that the material is infringing, MerryMaid™ will remove the content and may terminate the access of the User who posted such content to the MerryMaid™ 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 MerryMaid™ may find it on the MerryMaid™ 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.
MerryMaid™’s contact information for notice of alleged copyright infringement is:
Or via Mail:
Attn.: Copyright Agent,
8415 45th St, Ste. 400
Lyons, IL 60534
12. The App / Mobile Devices
a. The MerryMaid™ Platform may allow you to access our services, download our Apps, upload content to the MerryMaid™ Platform, and receive messages on your mobile device (collectively “Mobile Features”). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
c. MerryMaid™ is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. MerryMaid™ reserves the right to terminate the use of the Apps or any other aspect of the MerryMaid™ Platform should you be using the Apps or the MerryMaid™ Platform with an incompatible or unauthorized device.
d. App Store Sourced Application.
(i) With respect to Apps accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software); and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. MerryMaid™ reserves all rights in and to the Apps not expressly granted to you under this Agreement.
(ii) You acknowledge and agree that (i) this Agreement is valid between you and MerryMaid™ only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) MerryMaid™, not Apple, is solely responsible for the App Store Sourced Application and the MerryMaid™ Platform Content.
(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and MerryMaid™, MerryMaid™ and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(vii) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.
(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
13. Modifications to the MerryMaid™ Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the MerryMaid™ Platform or any content or information on the MerryMaid™ Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the MerryMaid™ Platform.
14. Confidentiality. The term “Confidential Information” shall mean any and all of MerryMaid™’s trade secrets, confidential and proprietary information, personal information and all other information and data of MerryMaid™ that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The MerryMaid™ Platform contains secured components that are accessible only to those who have been granted a username and password by MerryMaid™. Information contained within the secure components of the MerryMaid™ Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of MerryMaid™ and agree that you will not use Confidential Information other than as necessary for you to make use of the MerryMaid™ Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify MerryMaid™ in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to MerryMaid™ upon termination of this Agreement for any reason whatsoever.
15. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE MERRYMAID™ PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MERRYMAID™ 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 MERRYMAID™ NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE MERRYMAID™ PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE MERRYMAID™ 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 MERRYMAID™ 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 MERRYMAID™ PLATFORM OR THIS AGREEMENT. ACCESS TO THE MERRYMAID™ PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER MERRYMAID™ NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MERRYMAID™ PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER MERRYMAID™ NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE MERRYMAID™ PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. MERRYMAID™ 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 MERRYMAID™, 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 MERRYMAID™ 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 MERRYMAID™ OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL MERRYMAID™ 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 MERRYMAID™ 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 MERRYMAID™’S HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL MERRYMAID™ OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MERRYMAID™ PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. MERRYMAID™ AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MERRYMAID™ 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 MERRYMAID™ 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 MERRYMAID™ DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE MERRYMAID™ HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).
c. RELEASE. MERRYMAID™ AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MERRYMAID™ PLATFORM. THE MERRYMAID™ PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE MERRYMAID™ PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, MERRYMAID™ WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE MERRYMAID™ FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE MERRYMAID™ IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE MERRYMAID™ 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.”
d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE MERRYMAID™ PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE MERRYMAID™ 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 MERRYMAID™ PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE MERRYMAID™ 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 MERRYMAID™ 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 MERRYMAID™ PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, MERRYMAID™ 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 MERRYMAID™’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 MERRYMAID™’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS MERRYMAID™.
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.
16. Indemnification. You hereby agree to indemnify, defend, and hold harmless MerryMaid™, 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 MerryMaid™ 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 MerryMaid™ Platform. MerryMaid™ 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 MerryMaid™.
17. 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 MerryMaid™, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and MerryMaid™ 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 MerryMaid™. MerryMaid™’s address for such notices is: legal@GotMaidServices.com and/or by mail to MerryMaid™, Attn.: Legal, 8415 45th St, Ste. 400, Lyons, IL 60534.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and MerryMaid™ 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, MerryMaid™ 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 MerryMaid™ 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 MerryMaid™ 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.
f. Severability. You and MerryMaid™ 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.
18.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 Illinois, 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 Cook, Illinois.
19. 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.
20. General Provisions. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-22, 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 MerryMaid™ 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 MerryMaid™. MerryMaid™’s address for such notices is: legal@GotMaidServices.com and/or by mail to MerryMaid™, Attn.: Legal, 8415 45th St, Ste. 400, Lyons, IL 60534. 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 MerryMaid™, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. MerryMaid™ 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 MerryMaid™’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.
21. 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 MerryMaid™ Platform. Your continued use of the MerryMaid™ Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
22. 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.
23. Contact Information. If you have any questions regarding this Agreement, please contact us at legal@GotMaidServices.com or by mail the below address:
Merry Maids Company a/b/a MerryMaid™
8415 45th St, Ste. 400
Lyons, IL 60534
Last updated: December 17, 2018