WHATUPHOMEE LLC TERMS OF SERVICE
Welcome to WhatupHomee! WhatupHomee LLC. (and its affiliates and agents) (“WhatupHomee”) provides an online community and marketplace platform through which people (“Educators”) may sell and hold classes (“Classes”) online. Parents or guardians (“Parents”), may discover and purchase such Classes for the purpose of helping their children learn and develop new skills. (1)The selling and purchasing of classes, (2) access to exclusive events and (3) educational resource materials provided by WhatupHomee (collectively, “Services”) are available through the WhatupHomee platform. Information, resources, and registration regarding the Services are available through the website at www.WhatupHomee.com (or any affiliate or successor website, the “Website”). “Users” and “you” (and its derivatives) as used in this Terms of Service (the “Terms”) apply to Parents, Educators and any other users of the Website, as the context requires.
1. ACCEPTANCE OF TERMS OF SERVICE
By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
2. REGISTERING YOUR ACCOUNT
In order to access certain features of the WhatupHomee Materials and the WhatupHomee Platform, to become an Educator, or as a Parent to register for a Class, or to participate as a Member on our website, as we may update it from time to time, you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered with the WhatupHomee Collaborative or has provided their information to “Join Us” via the Website (“Account”).
3. REGISTRATION DATA
In registering for an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using WhatupHomee Materials or the WhatupHomee Platform under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of WhatupHomee Materials or the WhatupHomee Platform by minors. You may not share your Account or password with anyone, and you agree to (1) notify WhatupHomee immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or WhatupHomee has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WhatupHomee has the right to suspend or terminate your Account and refuse any and all current or future use of WhatupHomee Materials, the WhatupHomee Platform (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account per platform at any given time. WhatupHomee reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use WhatupHomee Materials or the WhatupHomee Platform if you have been previously removed by WhatupHomee, or if you have been previously banned from any of WhatupHomee Materials or the WhatupHomee Platform (or any portion thereof).
4. THE SERVICES
Overview. The Services allow you to purchase, access and attend a wide range of classes for children. WhatupHomee does not own, operate or control any of the activities or services that are offered at or through such facilities, or guarantee the availability of particular activities or services. The type, quantity and availability of activities and services offered are determined by WhatupHomee in its sole discretion.
5. PAYMENTS AND BILLING
a) Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.
Fees and Billing. WhatupHomee charges the parents an annual registration fee for the school year. You are responsible to WhatupHomee for any fees applicable to services we offer on the website. Class fees will be invoiced to the Parents via PayPal for the payment of the registration fee upon your application for your Child(ren) enrollment.
6. EDUCATOR APPLICATIONS
If you apply to be an Educator, including by submitting the appropriate application, you acknowledge and agree that WhatupHomee may reject your application for any reason at WhatupHomee’s sole discretion, subject to applicable law.
7. EDUCATOR BACKGROUND CHECKS
By submitting an Educator application, you agree that WhatupHomee may conduct criminal background checks or other screenings (such as sex offender register searches) at any time, using all available records.
8. APPLICABLE TERMS TO PARENTS AND EDUCATORS
The following terms apply to Parents who want to register their children in Classes or for Events:
a) Terms Binding Upon Minors. As a Parent, when you enroll one or more of your children in a Class, you represent that you are the parent or legal guardian of all such individuals under the age of 18 who are participating in the Class, or accompanying you to such Class (“Children”) and you agree that these Terms are also binding upon your Children.
b) Fees Payment. The Parent acknowledge that payment of registration and class fees are compulsory to enroll their child(ren). Under no circumstance will any of the child(ren) be enrolled for any class without payment of the required fees.
c) No Class Guarantee. You acknowledge and agree that WhatupHomee does not and cannot guarantee that any particular Classes, Course Materials, or Educators will be available. In some cases, Classes displayed as available on the Website may not be available. WhatupHomee reserves the right to reschedule or cancel any Class for any reason without notice. WhatupHomee and any Educators may disqualify anyone at any time during a Class from participating in any and all activities, including if WhatupHomee or an Educator feels your or your Children’s continued participation will jeopardize any individuals involved or others.
The following terms apply to Users who are Educators:
a) Profile. Any content that you upload, post, e-mail, transmit or otherwise make available through WhatupHomee Materials (including your profile on the Website) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
b) Classes. You represent that any Classes you host will be age appropriate for the participating children and compliant with all applicable laws. When leading a Class, you agree to post on the WhatupHomee Platform, an accurate, detailed description of the Class that you intend on leading or hosting, including a description of the activities to be held, the targeted age range for participating children, date and time of the Class, and any participation restrictions. You agree that you will notify WhatupHomee within twenty-four (24) hours before the start of a Class if you are unable to host such Class for any reason. You acknowledge and agree that WhatupHomee does not and cannot guarantee that any Parents will register their Children for any of your Classes.
c) Competence. You represent that you have the experience, qualifications, and ability to lead Classes. You further represent that you will use your best efforts to lead your Classes, such that the results are satisfactory to the Parents and their Children. You agree to indemnify WhatupHomee for any claims arising out of or related to Classes.
d) Independent Contractor. You acknowledge and agree that WhatupHomee is not your employer. Your relationship with WhatupHomee will be that of an independent contractor, and nothing in the Terms should be construed to create an employer-employee relationship, franchise relationship, agency relationship or any other relationship other than that of an independent contractor, except as may be imposed by law. You understand you will not be entitled to any of the benefits that WhatupHomee makes available to its employees, such as group insurance, and that you will be solely responsible for all tax returns and payments required with respect to your performance of services and receipt of fees under the Terms. If applicable, WhatupHomee will report amounts paid to you for leading Classes by filing Form 1099-MISC with the Internal Revenue Service, as required by law. You understand WhatupHomee will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You hereby agree to indemnify and defend WhatupHomee against any and all such taxes or contributions, including penalties and interest. You agree to accept exclusive liability for complying with all applicable state and federal laws, including laws governing self-employed individuals, if applicable, such as laws relate to payment of taxes, social security, disability, and other contributions based on fees paid to you under the Terms.
e) Engagement of Services. You acknowledge and agree that your services are non-exclusive, and WhatupHomee reserves the right, in its sole discretion, to engage with other contractors or other third parties regarding services that may be the same or similar to the services you provide. You understand that you have the right to provide services of any kind, to engage in any other outside professional activities, take on employment or engagements with whomever you so choose including the right to sell and/or represent other company’s products or services, provided, however, that any such activity will not be in direct or indirect competition with WhatupHomee’s business. You understand that the fact that you have entered into the Terms does not obligate you to make yourself available to lead Classes for any specific days or times and that you are free to choose the days and times you will be available to lead Classes. You also understand that the Terms do not require WhatupHomee to provide any specific opportunities to you.
f) Confidential Information. To the extent that you are provided access to confidential information of WhatupHomee, including the personally identifiable information of the Parents and their Children, you agree that you will not use or disclose it in any manner other than as necessary to lead Classes or host Events under the Terms, which includes, but is not limited to, your agreement that you will not share such information with competitors of WhatupHomee. You understand that any information provided to you by WhatupHomee will be considered to be confidential information for purposes of the Terms, unless WhatupHomee states otherwise in writing, or you otherwise know such information to be publicly available. You also understand that, upon WhatupHomee’s request, you will return to WhatupHomee all information provided to you by WhatupHomee, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.
g) Adherence. As an Educator, you warrant and agree to comply and adhere strictly with Educators Guidelines and Expectations.
9. OTHER PROVIDER OBLIGATIONS
a) As a Provider, you must provide WhatupHomee with any information requested in order for WhatupHomee to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes.
b) WhatupHomee has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, WhatupHomee has discretion to edit Class descriptions as needed to conform them to our marketplace standards.
c) WhatupHomee has sole discretion as to which Providers are accepted into the marketplace and we reserve the right to reject any potential Provider and remove or suspend any Provider from the marketplace for any reason. WhatupHomee may, but is not required to, conduct background checks on and interviews of Providers in its discretion and solely for its own benefit. As a Provider, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.
d) Each Provider is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes and WhatupHomee assumes no responsibility for a Provider’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.
e) You understand and agree that WhatupHomee is not an insurer, agent or employer for you as a Provider. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and WhatupHomee is not a party thereto. Notwithstanding the foregoing, WhatupHomee is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Provider, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by WhatupHomee to any third parties.
10. CLASS RECORDINGS
Classes that take place may be recorded by WhatupHomee (“Class Recordings”). We value student and Provider privacy, and our use of Class Recordings is extremely limited. Specifically, Class Recordings are in certain conditions, as determined by WhatupHomee, made available to the Provider providing the Class in certain conditions, in order to allow them to review the Class Recording in order to improve their Classes or instruction, potentially provide a viewable copy to students who missed the Class or who wish to review the Class for their personal educational purposes, or who wish to use their Class Recordings for other business purposes including for business, educational, and training purposes.
In addition, WhatupHomee may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. In certain conditions, WhatupHomee may ask to use Class Recordings for other business purposes or marketing initiatives with Providers, however we will always only use Class Recordings with your express consent.
Notwithstanding the foregoing, WhatupHomee will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a Parent for the deletion of their child’s personally identifiable information, or (b) upon the reasonable determination of WhatupHomee that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent.
By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.
11. AFFILIATE LINKS AND PROGRAM
You may be able to link from the Site to third party web sites and third-party web sites may link to the Site (“Linked Sites”) as a result of our Amazon Affiliate marketing participation available on the website. By Clicking the embedded affiliate link on the website, a cookies file will be placed on your browser to track all sales recorded through the link for commission purpose.
You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
WhatupHomee is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and links to Amazon.com. This program utilizes cookies to track visits for the purposes of assigning commission on these sales.
WhatupHomee’s stylized name and other related graphics, logos, service marks and trade names, collectively and any portion thereof, used on or in connection with WhatupHomee Materials are the trademarks of WhatupHomee and may not be used in whole or in part, in any manner, without permission in connection with any third-party products or services. Other trademarks, service marks and trade names, whether registered or unregistered, that may appear on or in WhatupHomee Materials are the property of their respective owners.
13. OTHER CONTENT
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in WhatupHomee Materials, except as otherwise provided in these Terms.
14. YOUR CONTENT
WhatupHomee does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in the WhatupHomee Platform or as part of the WhatupHomee Materials, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
15. LICENSE TO YOUR CONTENT
Subject to any applicable account settings that you select, you grant WhatupHomee a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing the WhatupHomee Platform or as part of the WhatupHomee Materials. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the WhatupHomee Platform or as part of the WhatupHomee Materials. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not WhatupHomee, are responsible for all of Your Content that you make available on or in the WhatupHomee Platform or as part of the WhatupHomee Materials.
16. RULES OF CONDUCT
1. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services whether or not the actions were yours.
2. You represent, warrant and agree that you shall not (and shall not permit any third party to) either (a) take any action, (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, or (c) otherwise use or interact with the Services in a manner that:
• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
• you know is false, misleading, untruthful or inaccurate;
• is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
• impersonates any person or entity, including any of our employees or representatives;
• includes anyone’s identification documents or sensitive financial information;
• jeopardizes the security of your or anyone else’s Account; or
• copies or stores any significant portion of the Content.
3. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
5. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
17. THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with you. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. Unless we communicate otherwise, following any cancellation you will continue to have access to your Membership through the end, unless you cancel and receive a refund in which case your access will be terminated immediately. Note that if you do terminate your Membership, we reserve the right to charge a reactivation fee if you want to return to WhatupHomee in future months or to restrict your access in future months. If you cancel your Membership or it is terminated for any reason, you will lose access to all activities, content, credits or features available through the Membership.
19. WARRANTY DISCLAIMER
1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
• which users gain access to the Services;
• what Content you access via the Services;
• how you may interpret or use the Content; or
• your participation in any activity or Services.
2. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
3. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
21. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (A) FEES PAID TO US FOR THE PARTICULAR SERVICES DURING THE IMMEDIATELY PREVIOUS THREE (3) MONTH PERIOD OR (B) $100.00.
22. GOVERNING LAW/ARBITRATION
PLEASE READ THIS SECTION CAREFULLY. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR SIMILAR PROCEEDING. IN ARBITRATION, A DISPUTE IS RESOLVED BY AN ARBITRATOR INSTEAD OF A JUDGE OR JURY.
The laws of the state of Missouri shall govern this Agreement without giving effect to conflict of laws principles. We agree that any dispute, claim, or disagreement between us shall be resolved exclusively by arbitration. Arbitration is a process in which persons with a dispute(s): (i) agree to submit their dispute(s) to a neutral third person (an “arbitrator”) for a decision; and (ii) waive their rights to file a lawsuit in court to resolve their dispute(s). Each party to the dispute(s) has an opportunity to present some evidence to the arbitrator. pre-arbitration discovery may be limited. Arbitration proceedings are private and less formal than court trials. The arbitrator will issue a final and binding decision resolving the dispute(s), which may be enforced as a court judgment. A court rarely overturns an arbitrator’s decision.
THEREFORE, YOU ACKNOWLEDGE AND AGREE AS FOLLOWS:
For purposes of this Arbitration Provision the words “dispute” and “disputes” are given the broadest possible meaning and include, without limitation (i) all claims, disputes, or controversies arising from or relating directly or indirectly to the signing of this Arbitration Provision, the validity and scope of this Arbitration Provision and any claim or attempt to set aside this Arbitration Provision; (ii) all federal or State law claims, disputes or controversies, arising from or relating directly or indirectly to this Agreement (including the Arbitration Provision), the information you gave us before entering into this Agreement, and/or any past agreement or agreements between you and us; (iii) all counterclaims, cross-claims and third-party claims; (iv) all common law claims, based upon contract, tort, fraud, or other intentional torts; (v) all claims based upon a violation of any state or federal statute or regulation; (vi) all claims asserted by us against you, including claims for money damages to collect any sum we claim you owe us; (vii) all claims asserted by you individually against us and/or any of our employees, agents, directors, officers, shareholders, managers, or affiliated entities (hereinafter collectively referred to as “related third parties”), including claims for money damages and/or equitable or injunctive relief; (viii) all claims asserted on your behalf by another person; and/or (ix) all claims asserted by you as a private attorney general, as a representative and member of a class of persons, or in any other representative capacity, against us and/or related third parties.
All disputes hereunder shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association in effect at the time of the dispute. The cost of the arbitration will be born equally by the parties. The arbitration award will be final and binding and may be enforced by any court in Grandview jurisdiction.
Only disputes involving you and WhatupHomee may be addressed in the arbitration. This means that the arbitration may not address disputes involving other persons with disputes similar to the disputes between you and WhatupHomee.
The arbitrator shall have the authority to award any legal or equitable remedy or relief that a court could order or grant under this agreement. All statutes of limitations that apply to any dispute shall apply to any arbitration between us. The Arbitrator will issue a decision or award in writing, briefly stating the essential findings of fact and conclusions of law.
Binding Effect. This Arbitration Provision is binding upon and benefits you, your respective heirs, successors, and assigns. The Arbitration Provision is binding upon and benefits us, our successors and assigns, and related third parties. The Arbitration Provision continues in full force and effect, even if your obligations have been prepaid, paid, or discharged through bankruptcy. The Arbitration Provision survives any termination, amendment, expiration, or performance of any transaction between you and us and continues in full force and effect unless you and we otherwise agree in writing.
Severability. If any portion of this Arbitration Provision is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Provision, unless the provision precluding the arbitrator from conducting a class arbitration as set forth above is deemed invalid or unenforceable, in which case this entire Arbitration Provision shall be deemed void.
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes, which will apply to your continued use of the Services going forward. Your use of the Services is subject to the Terms of Service in effect at the time of such use.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to firstname.lastname@example.org.
No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Grandview MO 64030