Terms and Conditions
The following terms and conditions (collectively, this “Agreement”) form a legal contract between you and I-Shine Cleaning Inn. (dba Heromaid), or the relevant company (the “Company”). You hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, as well as any future amendments and additions to this Agreement, by using or receiving any services supplied to you by the Company (together with the website located at www.Heromaid.com, collectively, the “Service”), and by downloading, installing, or using any associated software supplied by the Company whose purpose is to enable you to use the Service (collectively, the “Software”), and by downloading, installing, or using any
The Company has the right to change the terms and conditions of this Agreement, as well as its policies relating to the Service or Software, at any time, with an updated version of this Agreement becoming effective upon posting on the Service or Software. You are responsible for reviewing this Agreement regularly. Your continued use of the Service or Software following any such modifications constitutes your acceptance of those changes. Please contact us by email at help@Heromaid.com if you require any additional information or have any queries regarding our Terms and Conditions.
THE COMPANY DOES NOT PROVIDE CLEANING SERVICES AND IS NOT IN THE BUSINESS OF PROVIDING CLEANING SERVICES. THE THIRD-PARTY CLEANING SERVICE PROVIDER IS RESPONSIBLE FOR OFFERING CLEANING SERVICES THAT CAN BE SCHEDULED THROUGH THE USE OF THE SOFTWARE OR SERVICE. THE COMPANY PROVIDES INFORMATION AND A METHOD FOR OBTAINING SUCH THIRD PARTY CLEANING SERVICES, BUT IT DOES NOT AND DOES NOT INTEND TO PROVIDE CLEANING SERVICES OR ACT IN ANY WAY AS A CLEANING SERVICE PROVIDER, AND IT HAS NO RESPONSIBILITY OR LIABILITY FOR ANY CLEANING SERVICES PROVIDED TO YOU BY SUCH THIRD PARTIES.
OTHER AGREEMENTS WITH YOUR PERMISSION
OWNERSHIP OF THIS SITE AND ITS CONTENT
This Site, as well as all of its Content, is protected under applicable intellectual property and other laws, including those of the United States and other countries. I-Shine Cleaning Inc. owns all of the content and intellectual property rights in it, or the material is used with the agreement of the rights owner.
The availability of any Content on this Site does not imply that any rights in that Content have been waived. Any such Content viewed through this Site does not grant you ownership rights. Without our express prior written permission, no part of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise.
Permission is hereby granted to lawfully access and use this Site, as well as to temporarily display, download, or print portions of this Site for your personal, educational, and noncommercial use only, provided that you do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any way.
Under the contract for the performance of the work, Service Providers are free from I-Shine Cleaning Inc. Control, and in fact, Service Providers perform work that is not related to the I-Shine Cleaning Inc. which is a referral agency business. Housekeeping is a commonly performed independently established activity by Service Providers.
I-SHINE CLEANING INC. IS ONLY A VENUE
The Service is a communications platform that connects those who are looking for cleaning services and people who are looking to provide cleaning services. The Company uses third-party background check services to investigate the backgrounds of cleaning service providers; however, the Company does not guarantee or assure the dependability, quality, or suitability of such cleaning service providers and makes no assertions about them. You should use caution and common sense while communicating with cleaning service providers to protect your personal safety and property, just as you would when interacting with strangers. By using the Service, you agree to keep the Company harmless from any liability or damage that may come as a result of the transaction. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR ANY USER OF THE SERVICE’S ONLINE OR OFFLINE CONDUCT. THE COMPANY, ITS AFFILIATES, AND LICENSORS ARE NOT RESPONSIBLE FOR ANY CLAIM, INJURY, OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE.
WARRANTIES AND REPRESENTATION
You expressly represent and warrant that you are legally entitled to enter this Agreement by using the Software or Service. If you live in a jurisdiction that prohibits you from using the Service because of your age or prohibits you from entering into agreements like this one because of your age, you must respect such age restrictions and refrain from using the Software and Service. Without limiting the foregoing, the Service and Software are not available to minors (under the age of 18) or others who are unable to form legally binding contracts. You represent and warrant that you are at least 18 years old and otherwise capable of entering into binding contracts by using the Software or Service. You represent and warrant that you have the right, authorization, and capacity to enter into this Agreement and to abide by its terms and conditions by using the Software or the Service. Your usage of the Service and/or Software is for your personal use only.
You may not give your user status to anyone else, and you may not assign or otherwise transfer your user account to anybody else. When you use the Software or Service, you agree to follow all applicable laws from the country, state, and city in where you are located at the time.
You may only use permitted methods to access the Service. It is your duty to double-check that the Software you download is compatible with your device. If you do not have a compatible handset or have downloaded the incorrect version of the Software for your handset, the Company is not accountable.
By using the Software or Service, you agree to the following: You will only use the Service or Software for legitimate reasons:
- You will not use the Service to send or store any illegal or fraudulent material.
- You will not use the Service or Software to irritate, annoy, or inconvenience anybody else.
- You will not jeopardize the network’s ability to function properly.
- You will not attempt to damage the Service or Software in any way.
- Without the Company’s explicit consent, you will not copy or distribute the Software or other content.
- You will only use the Software and Service for your own personal use and will not resell it.
- You will keep your account password or any other identifier provided to you that provides you access to the Service private and secret.
- You agree to furnish us with any proof of identity that the Company reasonably requests.
- You’ll only utilize an access point or data account that you’ve been given permission to use.
When you request cleaning services via SMS, you agree to receive text messages from the Company and recognize that regular messaging costs from your mobile network service provider may apply. You also represent and warrant that the phone number supplied is your own.
LICENSE GRANT AND RESTRICTIONS
Subject to the terms and conditions of this Agreement, the Company hereby provides you a non-exclusive, non-transferable license to use the Software and Service solely for your own personal, non-commercial purposes. The Company and its licensors reserve all rights not expressly granted to you.
You may not I license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available the Service or the Software to any third party in any way; (ii) modify or create derivative works based on the Service or the Software; (iii) create Internet “links” to the Service or “frame” or “mirror” any Software on any other server, wireless or Internet-based device; (v) reverse engineer the Software; to (a) create a competitive product or service, (b) create a product using similar ideas, features, functions, or graphics of the Service or Software, or (c) copy any ideas, features, functions, or graphics of the Service or Software, or (vi) run an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses, or worms, or any program that may make multiple server requests per second, or imposes an undue load or impediment on the Service’s or Software’s operation and/or performance.
You may only use the Software and Service for personal, non-commercial purposes, and you agree not to: send spam or other duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or infringing on third-party privacy rights; or (iii) send or store material containing software viruses, worms, (iv) attempt to gain unauthorized access to the Software or Service or its related systems or networks; or (v) use Trojan horses or other harmful computer code, files, scripts, agents, or programs to interfere with or disrupt the integrity or performance of the Software or Service or the data contained therein.
I-Shine Cleaning offers residential and commercial cleaning services but is not responsible for property damage caused by acts of nature, fire, vandalism, misuse, or abuse. Customers should be aware that humidity, sunlight, air conditioning, and other corrosive materials can cause equipment to deteriorate over time.
Furthermore, I-Shine Cleaning is not responsible for any damages or deterioration caused by customers’ failure to perform other services recommended by I-Shine Cleaning Inc., or by customers’ inability to properly manage the property between visits. I-Shine Cleaning Insurance is not responsible for any collectibles that are broken or damaged beyond the $500.00 bond.
Any payments that the Company may charge you for the Software or Service are non-refundable and must be paid immediately upon completion of your cleaning. This no-refund policy shall apply at all times, regardless of your decision to discontinue use, the Company’s decision to discontinue use, or any disruption to our Software or Service, whether planned, accidental, or intentional. The Company maintains the right to decide final prevailing pricing; please note that the pricing information on the website may not reflect current pricing.
The Company may issue promotional offers to any of our clients at its sole discretion, with varying features and rates. These promotional offers will have no influence on your offer or contract until they are made to you. The Company reserves the right to adjust the pricing for our Service as needed to run our business. If you’re curious about how we charge for the Service, we recommend that you visit our website on a regular basis.
Please note that no refunds are given before a Re-Clean is accepted. A Re-Clean must be completed within three days after the date of service; otherwise, it will be rejected. If a Re-Clean request is denied, there will be no refund. If you are still unhappy with the Re-Clean, you will be eligible for a refund of up to 50%.
INTELLECTUAL PROPERTY OWNERSHIP
The Company (and its licensors, if applicable) shall own all right, title, and interest in and to the Software and the Service, including all related intellectual property rights. You hereby assign to the Company all right, title, and interest in any suggestions, ideas, enhancement requests, feedback, recommendations, or other information you provide on the Service or Software. This Agreement is not a sale, and you will not get any ownership rights in or related to the Software or the Service, or any intellectual property rights owned by the Company, as a result of this Agreement. The Company name, logo, and product names associated with the Software and Service are all trademarks of the Company or third parties, and no permission or license to use them is provided.
To learn more about how the Company collects and utilizes personal information, go to www.Heromaid.com/privacy. The Digital Millennium Copyright Act of 1998 (the “DMCA”) gives copyright holders redress if they believe the information on the Internet infringes on their rights under US copyright law. If you (or your agent) feel that any content made available in connection with the Service or Software infringes on your copyright, you (or your agent) may email the Company a notice requesting that the content be removed or access to it be restricted. Notices and counter-notices must comply with the DMCA’s current legislative requirements (for further information, visit http://www.loc.gov/copyright). Notices and counter-notices about the Service or Software should be directed to the Company at the following address: help@Heromaid.com
You may correspond with, purchase goods and/or services from, or participate in promotions of third-party service providers, advertisers, or sponsors displaying their goods and/or services through the Software or Service while using the Software or Service. Any such activity, as well as any associated terms, conditions, warranties, or representations, is solely between you and the appropriate third party. The Company and its licensors are not liable, responsible, or liable for any correspondence, purchase, transaction, or promotion between you and any third party. The Company does not promote any websites linked through the Service or Software, and the Company and its licensors are not responsible for any content, products, services, or other materials on or available from such websites or third-party providers. The Software and Service are provided to you by the Company under the terms and conditions of this Agreement. You acknowledge, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions before your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements.
To finance the Software or Service, the Company may rely on third-party advertising and marketing provided through the Software or Service, as well as other techniques. You consent to receive such advertising and marketing by accepting these terms and conditions. If you do not want to receive this type of advertising, please let us know in writing. As part of a customer profile or other report or study, the Company may collect and disseminate information about you and your usage of the Software or Service on an anonymous basis. You undertake to take reasonable measures in all acts and interactions with any third parties with whom you interact through the Service.
You agree to defend, indemnify, and hold harmless the Company, its licensors, and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys, and agents from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any third party’s rights, including cleaning service providers arranged through the Service or Software; or (c) your use or misuse of the Software or Service.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time and from time to time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products, and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any such modification, editing, deletion, suspension, or discontinuance of this Site
The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part of it), and (ii) refuse any and all current or future use of the Service, suspend or terminate your account (or any part of it), or use of the Service, for any reason, including if the Company believes you have violated this Agreement. Any change, suspension, or cessation of the Service by the Company will not be accountable to you or any third party. Prior to the suspension or termination of your account, the Company will take reasonable steps to contact you to notify you.
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE SERVICE OR SOFTWARE’S RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, OR COMPLETENESS. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR SOFTWARE WILL BE SECURE, TIMELY, UNINTERRUPTED, OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM, OR DATA, OR (B) THE SERVICE OR SOFTWARE WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFT (B) THE SERVICE OR SOFTWARE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE SERVICE OR SOFTWARE (INCLUDING ANY CLEANING SERVICES) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND SOFTWARE ARE PROVIDED TO YOU EXCLUSIVELY “AS IS.” ALL CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF ANY SERVICES, PRODUCTS, OR GOODS OBTAINED THROUGH THE USE OF THE SERVICE OR SOFTWARE BY THIRD PARTIES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOFTWARE AND SERVICE, AND ANY THIRD-PARTY SERVICES OR PRODUCTS, REMAINS SOLELY WITH YOU.
LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS, AND ELECTRONIC COMMUNICATIONS MAY AFFECT THE COMPANY’S SERVICE AND SOFTWARE. THE COMPANY IS NOT LIABLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE AS A RESULT OF THESE PROBLEMS.
LIMITATION OF LIABILITY POLICY
THE COMPANY’S AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNTS PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO SUCH CLAIM. THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY TO YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE, OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER, OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN THE PAST.
FOR THE PURPOSE OF PROVIDING CLEANING SERVICES, THE COMPANY MAY INTRODUCE YOU TO THIRD-PARTY CLEANING SERVICE PROVIDERS. WE WILL NOT EVALUATE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY CLEANING SERVICE PROVIDERS, AND YOU EXPRESSLY RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY CLEANING SERVICE PROVIDER. THE COMPANY WILL NOT BE PART OF ANY DISPUTES OR DISPUTES NEGOTIATIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. YOU ARE SOLELY RESPONSIBLE FOR THE DECISIONS YOU MAKE REGARDING SERVICES PROVIDED VIA THE SOFTWARE OR SERVICE (WITH ALL ITS CONSEQUENCES). WE WILL NOT EVALUATE THE SUITABILITY, LEGALITY, OR ABILITY OF ANY OF THESE THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN THE CREDITOR’S FAVOR THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH CLEANING SERVICES TO YOU IS ENTIRELY RESPONSIBLE FOR THE QUALITY OF THE CLEANING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE. THEREFORE, YOU UNDERSTAND THAT BY USING THE SOFTWARE AND THE SERVICE, YOU MAY BE EXPOSED TO CLEANING SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE, AS WELL AS SUCH THIRD PARTY CLEANING SERVICES, AT YOUR OWN RISK.
ADVICE OF ANY KIND IS NOT CONSTITUTED OR MEANT TO BE CONSTITUTED BY ANYTHING ON THIS WEBSITE. YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL IF YOU REQUIRE ADVICE ON ANY LEGAL, FINANCIAL, OR MEDICAL MATTER.
YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY OUTLINED IN THIS AGREEMENT ARE REASONABLE BY USING THE SERVICE OR SOFTWARE. YOU MUST NOT USE THE SERVICE OR SOFTWARE IF YOU DO NOT THINK THEY ARE REASONABLE.
CONTROLLING LAW AND JURISDICTION POLICY
Without respect to its conflict-of-law provisions, this Agreement will be read in accordance with the laws of the State of California and the United States of America. For any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, or trade secrets, you and the Company agree to submit to the personal jurisdiction of a state court located in Northern California or a United States District Court, Northern District of California located in San Jose, Santa Clara, Sunnyvale, Mountain View, Cupertino, Campbell, Milpitas, Saratoga, Los Gatos, Palo Alto, Fremont, San Bruno, San Francisco and others in California.
DAMAGES AND THEFT POLICY
Heromaid only registers and refers experienced, independent housekeepers, not workers searching for part-time work. All independent housekeepers are thoroughly screened to confirm that they are legally permitted to work in the United States and that they have passed extensive background and referral checks. All organizations that accept Heromaid referrals must also do background checks on their maids.
If you think anything is missing from your home, double-check if it is truly missing. Once you’ve determined that the item is gone, I-Shine Cleaning Inc. management recommends that you contact your local police station to have the problem investigated. Despite the fact that Heromaid is not liable for theft and loss did by its referred domestic workers, Heromaid will pay up to $500 per conviction, per incident as a courtesy to our clients.
In terms of damages, the referred housekeepers use the utmost care when cleaning your home; however, if damage occurs while they are cleaning your property, your independent housekeeper is responsible for all damages.
DISPUTE RESOLUTION POLICY
INFORMAL DISCUSSIONS. You and the Company agree to first attempt to resolve any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding, in order to expedite resolution and reduce the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”). Informal negotiations will begin after written notification is given, as stated above.
ARBITRATION WITH BINDING RESULTS
All claims arising from the use of the Service or Software (excluding those Disputes expressly excluded hereunder) will be ultimately and exclusively resolved by binding arbitration if you and the Company are unable to resolve a Dispute through informal dialogue. Any party’s decision to arbitrate is final and binding on the other.
YOU AGREE THAT IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY WILL BE ENTITLED TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be held under the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules (the “AAA Rules”) and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which can be found at www.adr.org. The AAA Rules shall govern your arbitration fees and your portion of arbitrator compensation (and, where appropriate, limited by the AAA Consumer Rules). Unless the arbitrator finds that the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the Company will pay all such fees if your claim for damages does not exceed $10,000.
The arbitration can take place in person, by document submission, over the phone, or online. The arbitrator will provide a written ruling, but will not be required to include a statement of reasons unless a party requests one. If the arbitrator fails to follow applicable legislation, any award may be contested. You and the Company may litigate in court to compel arbitration, stay proceedings until arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator’s award unless otherwise stated in this Agreement.
ALTERNATIVE DISPUTE RESOLUTION EXCEPTIONS
With respect to any dispute involving the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or proprietary rights, each party retains the right to file an individual action in small claims court or seek injunctive or other equitable relief in a federal or state court in Fresno County, California.
WAIVER OF THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING AS A PLAINTIFF OR CLASS MEMBER. You and the Company have agreed that any arbitration will be confined to the Dispute between you and the Company. YOU AND THE COMPANY ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Furthermore, unless you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims or preside over any sort of class or representative proceeding. If this paragraph is found to be unenforceable, the entire “Dispute Resolution” section shall be considered null and invalid.
The arbitration will take place in the county of Fresno, California. You and the Company agree that the California state and federal courts located in Fresno, California have exclusive jurisdiction over any dispute not subject to arbitration (other than claims proceeding in any small claims court) or where no election to arbitrate has been made, and you and the Company agree to submit to the personal jurisdiction of such courts.
Except as provided in the subsection entitled “Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding” above, you and the Company agree that if any portion of the section entitled “Dispute Resolution” is found to be illegal or unenforceable, the remainder of the section will be given full force and effect. Regardless of the foregoing, if the section entitled “Exceptions to Alternative Dispute Resolution” above is found to be illegal or unenforceable, neither you nor the Company will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable, and such Dispute will be decided by a court of competent jurisdiction within Santa Clara, California, and you and the Company agree to submit to the personal jurisdiction of that court.
Unless otherwise specified, this Agreement will be governed by and construed in accordance with the laws of the State of California, without respect to considerations of conflict of laws.
You may not assign this Agreement without the Company’s prior written agreement, but the Company may assign it without your consent to I a parent or subsidiary, (ii) an asset acquirer, or (iii) any other successor or acquirer. Any ostensibly valid assignment that violates this provision is null and invalid.
As a result of this Agreement or your use of the Service or Software, no joint venture, partnership, employment, or agency relationship exists between you, the Company, or any third-party provider. If any provision of the Agreement is found to be illegal or unenforceable, the other sections will be enforced to the fullest extent possible under the law. The Company’s failure to enforce any right or provision of this Agreement does not constitute a waiver of that right or provision unless it is acknowledged and agreed to in writing by the Company. This Agreement contains the complete agreement between you and the Company, and it supersedes any and all earlier or contemporaneous conversations, talks, or agreements, whether written or oral, between you and the Company regarding the subject matter herein.
You acknowledge that the Company has an interest in minimizing the personal liability of its officers and employees as a corporation. You agree not to make any personal claims against the Company’s officers or employees for any losses you incur as a result of using the Service or Software. Without limiting the foregoing, you agree that the Company’s officers, employees, agents, subsidiaries, successors, assignees, and sub-contractors, as well as the Company, will be protected by the limitations of warranties and liabilities set forth in this Agreement.
BREACHING OF THESE TERMS AND CONDITIONS
Without limiting the Company’s other rights under these terms and conditions, if you breach these terms and conditions in any way, the Company may take any action it deems appropriate to deal with the breach, including suspending your access to the Service or Software, prohibiting you from accessing the Service or Software, blocking computers using your IP address from accessing the Service or Software, contacting your internet service provider to request access to the Service or Software, and contacting your internet service provider to request access to the Service or Software.
I-Shine Cleaning Inc. values your privacy. We employ Secure Sockets Layer (SSL) technology to protect your credit card information and personal information. Your data is encrypted (scrambled) before being delivered to our system. Your data is stored on systems protected by secure firewalls, which are communication-management machines meant to keep data safe and inaccessible to other Internet users. No transactions will be allowed if your browser does not support SSL.
To verify that your connection is secure, look for the letters “HTTPS” (rather than “HTTP”) in the URL address window at the top of your browser.
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THIS SITE. THIS SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, I-SHINE CLEANING INC, ITS FRANCHISEES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, CONCERNING THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, I-SHINE CLEANING INC, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
WE DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).
We do not endorse and are not responsible for the remarks, advice, or opinions of non-authorized I-Shine Cleaning Inc. spokespersons. ADVICE AND OPINIONS CONTAINED IN USER-GENERATED CONTENT DO NOT REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF I-SHINE CLEANING INC. YOU AGREE THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
CERTAIN WARRANTIES MAY NOT BE LIMITED BY LAW, SO ALL OR PART OF THIS WARRANTY DISCLAIMER MAY NOT APPLY TO YOU.
By installing any third-party application, you authorize that third-party application to execute the acts and/or share with the third-party application the information provided to [I-Shine Cleaning Inc.], or requested from [I-Shine Cleaning Inc.]. I-Shine Cleaning Inc. Will transmit the information via the third-party application, which in turn will transmit it via the internet. [I-Shine Cleaning Inc.] Shall not be liable for the dissemination, use, abuse, and/or disclosure of the user’s information that occurs as a result of the user’s use of this or any third-party application.
LINKS TO THIRD-PARTY WEBSITES
RESPONSIBILITY FOR USER-GENERATED CONTENT POSTED ON OR THROUGH THIS SITE
We cannot and do not ensure or guarantee the veracity, integrity, suitability, or quality of UGC uploaded on or through this Site, as we do not regulate it. Additionally, you acknowledge and understand that by browsing this Site, you may come across UGC that you find offensive. We disclaim all liability for any UGC, including but not limited to any errors or omissions contained therein. We are not liable for any loss or damage of any kind alleged to have been caused by the use of any UGC posted, emailed, communicated, or otherwise made accessible on or via this Site. The User Generated Content (UGC) uploaded on or via this Site reflects the individual’s personal thoughts and does not necessarily reflect the views of I-Shine Cleaning Inc. or any person or entity affiliated with I-Shine Cleaning Inc.
While you retain ownership of User-Generated Content, we may utilize it. You retain ownership of any original UGC you publish. We make no claim to the intellectual property rights in UGC. By using this Site, you grant us and our subsidiaries, affiliates, successors, and assigns a nonexclusive, fully-paid, perpetual, irrevocable, royalty-free, transferable license to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize UGC you post in any and all media or forms of communication now existing or hereafter developed, without obtaining additional consent. As such, we ask that you refrain from posting any user-generated content (UGC) that you do not desire to license to us, including images, videos, confidential information, or product ideas.
We reserve the right to expose and/or delete User-Generated Content. I-Shine Cleaning Inc. is endowed with certain rights. We have the authority (but not the responsibility) to:
- Monitor all UGC
- Require you to refrain from certain subjects
At our sole and absolute discretion, we have the right to remove or prohibit any UGC at any time and without notice.
We reserve the right, at our sole discretion, to terminate your access to and use of this Site, as well as to modify, edit, or delete any transmissions made to it.
You agree that our exercise of such discretion does not result in us becoming the owners of the UGC you publish, but rather that you retain ownership as described above.
Upload, publish, transmit, or make accessible in any other way
Any UGC that is unlawful, harmful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially derogatory, indecent, or invading another’s privacy.
Any UGC that constitutes or promotes criminal or civilly punishable action
Any untrue, deceptive, or fraudulent user-generated content
Any UGC to which you do not have a legal or contractual or fiduciary obligation to make it available (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
Any UGC that violates or infringes on the rights of others, including UGC that violates patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other right of any individual, living or deceased, or legal entity.
Any UGC that contains the picture, name, or likeness of another person, unless that person is at least eighteen years old and you have gotten his or her express consent first, or (ii) that person is under eighteen years old but you are his or her parent or legal guardian.
Any individual who requests or is solicited to provide personal or private information
Any appeal or solicitation for money, products, or services with the intent of profiting privately
Any material containing software viruses or any other computer code, files, or programs designed to disrupt, destroy, or limit the performance of any computer software or hardware, or telecommunications equipment; or
Any user-generated content (UGC) that involves advertising, promotions, or marketing, or that has a commercial purpose in any other way;
Impersonate another person or entity, or falsify or misrepresent your affiliation with another person or entity; or
VIOLATE ANY LOCAL, STATE, NATIONAL, OR INTERNATIONAL LOCAL, STATE, NATIONAL, OR INTERNATIONAL LOCAL, STATE, NATIONAL.
REMOVAL OF CONTENT
Copyright infringement. I-Shine Cleaning Inc. does not knowingly violate or condone the violation of another’s copyrights. We shall swiftly remove or disable access to material that we know is infringing or become aware of circumstances that appear to indicate infringing conduct.
If you are requesting content removal due to a violation and believe that your work or the work of a third party for whom you are authorized to act is featured on this Site or has been copied and made available on this Site in a manner that constitutes copyright infringement, please notify us immediately. Your notice must be written and include the copyright owner’s electronic or physical signature or the signature of the person authorized to act on behalf of the copyright owner.
a description of the allegedly infringing work; a description of the location on this Site of the allegedly infringing material (including the URL, title, and/or item number, if applicable, or other identifying characteristics); a name, address, telephone number, and email address; and, if you are not the owner of the copyright, the owner’s name; and a written statement by you that you have a good-faith belief that the allegedly infringing use
Your statement must be forwarded to the following address: email@example.com.
Any notification by a copyright owner or a person authorized to act on its behalf that does not adhere to the DMCA’s requirements shall be deemed insufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances indicating the existence of infringing material or acts.
GOVERNING LAW, JURISDICTION, AND VENUE
In exchange for your use of this Site, you promise that any personal information you give to I-Shine Cleaning Inc. will be truthful, accurate, current, and complete and that you will keep any personal information up to date as appropriate.
To the extent that you create an account using this Site, you acknowledge and agree that any account you create, including your username and password, is personal to you and may not be used by anyone else. You are entirely responsible for maintaining the security of your username and password and for any activities that occur under your username and password, whether or not allowed by you. You agree to immediately change your password if you feel it has been compromised or used without authorization. Additionally, you promise to notify us immediately of any apparent security breaches, such as the loss, theft, or unauthorized disclosure or use of your username or password, by notifying us using the contact information provided below. You shall remain accountable for any illegal use of your account until we are notified.
You promise to conduct your activities on this Site in a manner consistent with all relevant laws and regulations. You agree not to upload or communicate any computer viruses, Trojan horses, worms, or other code that is meant to interfere with, interrupt, or disrupt a computer’s normal working routines. Any unauthorized modification, tampering with, or alteration of any information, as well as any interference with the availability of or access to this Site, are expressly prohibited. We reserve all of our rights and remedies.
REQUEST TO REMOVE PERSONAL INFORMATION
If you are a resident of California, and you want to submit a request to I-Shine Cleaning Inc. under the California Consumer Privacy Act (CCPA), to have your personal information removed from I-Shine Cleaning Inc.’s database, send an email to firstname.lastname@example.org, send a letter to 4928 E. Clinton Way, Ste. 204, Fresno, CA 93727, or call us at (408) 426-8300. Within 24 hours after the time requested, your information will be destroyed. Make sure you send your deletion request form using one of the company’s designated channels, which may differ from the company’s typical customer service contact information. If you have not received a response to your confirmation request within 24 hours of sending it through email or phone, please contact us and speak with one of the Agents available at (408) 426-8300.