The Help Squad services are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website/App. or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Help Squad services or properties such as websites or apps owned and operated by Help Squad (including but not limited tohelpsquad.laor Help Squad app, etc) and collectively referred to herein as “Help Squad,” on which a link to these Terms & Conditions appears. If you have any questions regarding these Terms & Conditions, you may contact us atwww.helpsquad.la. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on February 24th, 2016.
- INTRODUCTION TO The Help Squad. Upon registration, you may choose your own password to access Help Squad services through our app. or website.
- Help Squad SERVICES At Help Squad, we are committed to making your experience a positive one. There are several ways you can request handyman services. We have a wide range of services to choose from. You can request these services by using our website, our app or calling us directly.
- YOUR USE OF THE HELP SQUAD SERVICES AND PROHIBITED USES You acknowledge and agree that your use of Help Squad is for your personal use and not for advertising purposes. You may not use Help Squad to recreate or compete with Help Squad, to solicit or harass Help Squad service professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Help Squad for any such damages, and will indemnify Help Squad in the event of any third party claims against Help Squad based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any Help Squad products or properties at any time. All information about service professionals is confidential and for your personal use only. If it is determined or suspected by Help Squad in its sole discretion that you are misusing or attempting to misuse or circumvent the Help Squad services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Help Squad reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- INFORMATION YOU PROVIDE TO US Upon using Help Squad, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to service professionals who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our service professionals and providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You agree that by completing a service request, you are entering into a business relationship with Help Squad and its partners and thus agree to be contacted by Help Squad and/or its partners. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of service professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Help Squad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Help Squad has the right to refuse any current or future use of the Help Squad services (or any portion thereof) by you. You are responsible for any use of the Help Squad services by persons to whom you intentionally or negligently allow access to your password.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO Help Squad AND ITS SERVICE PROFESSIONAL PARTNERS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO Help Squad AND EACH HELP SQUAD SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF HELP SQUAD AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- SMS MESSAGING By submitting a service request, you agree that Help Squad and its service professionals may send you informational text (SMS) messages as part of the normal business practice of Help Squad. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from Help Squad at any time by texting the word STOP from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from Help Squad and its service professionals, your use of Help Squad services may be impacted.
- DISPUTE RESOLUTION ASSISTANCE All disputes arising out of the Services must be submitted to binding arbitration in the state of California and the city of Los Angeles before an arbitrator appointed by the American Arbitration Association in a proceeding pursuant to that organization’s rules and in accord with its code of ethics. The judgment of the arbitrator will be final and not subject to appeal or review by any judicial or administrative process, and may not be vacated. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding, and that the arbitrator may not consolidate proceedings of more than one person or entity’s claims. In the event of arbitration, the arbitrator will apportion liability for the cost of the arbitrator, other costs, and a reasonable attorney’s fee, in accord with the rules of the American Arbitration Association, this Agreement, and applicable law. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee, for having to compel arbitration or defend or enforce the arbitrator’s award.
- CALL RECORDING You acknowledge and agree that Help Squad may monitor and/or record any telephone calls between you and Help Squad for quality assurance purposed.
- USER GENERATED CONTENT You agree that all of the content and information posted by you or your agents or designees on Help Squad, including but not limited to:
- Ratings & Reviews
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as “Content”) is the sole and exclusive property of Help Squad and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant Help Squad and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensee, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Help Squad and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to Help Squad, you represent and warrant to Help Squad that you own or have all necessary rights to use the Content, and grant to Help Squad the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. Help Squad reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Help Squad owned or operated websites or apps if Help Squad determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage Help Squad.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
- NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE. Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the Help Squad server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of Help Squad. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Help Squad or apps or any other Help Squad owned, operated, licensed or controlled site. Elements of the Help Squad or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Help Squad web Site may be copied or re-transmitted unless expressly permitted by Help Squad. Help Squad AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Help Squad AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE HELP SQUAD WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HELP SQUAD AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
- SERVICE PROFESSIONAL PRE SCREENING PROCEDURES AND DISCLAIMERS Unless otherwise noted on the screening tab of a service professional’s profile page, Help Squad.la uses the following criteria as part of its registration enrollment process (“registration”) for our service professionals.
- Licensing – Help Squad confirms at the time of a service professional’s registration, that a prospective new SP member has all applicable required state-level trade licensing. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities.In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project.Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, Help Squad relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings – For service professionals that are corporations or limited liability companies, we confirm that the service professional is in good standing in the state in which it is located.
- Criminal Records Search – Help Squad uses 3rd party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal activity associated with the owner/principal of the business, within the three years prior to such service professional’s registration with Help Squad.
- Sex Offender Search – In the state in which the owner/principal of the company is located, we check the state’s official Sex Offender web site, to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in your home.
- Identity Verification (Social Security Number) –Help Squad verifies the social security number(s) of the service professional’s owner/principal for identity check purposes.
- Legal Search for Civil Judgments –We use 3rd party data sources that record legal information to check the principal / owner of the business for significant state-level civil legal judgments entered against the principal / owner by business customers and for bankruptcy filings by or against the principal / owner, in the state in which the owner/principal of the company is located, both within the twelve months prior to such service professional’s registration with Help Squad.
WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTH-DATE, SOCIAL SECURITY NUMBER)
NOTE: Help Squad PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR TO JOIN THE Help Squad TEAM, AND THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. THUS, Help Squad CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. Help Squad IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
The above procedures may change from time to time at the sole discretion of Help Squad. Help Squad believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Help Squad network. Help Squad does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that Help Squad checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: HELP SQUAD EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- ARTICLES AND OTHER CONTENT Help Squad provides certain content relating to home improvement, repair, maintenance (“Articles”), on the Help Squad or apps, and via mobile applications owned and operated by Help Squad. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
- LINKS TO THIRD PARTY SITES The links in the Help Squad or apps will let you leave Help Squad’s Web site. The linked sites are not under the control of Help Squad and Help Squad is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. Help Squad is not responsible for webcasting or any other form of transmission received from any linked site. Help Squad is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Help Squad of the site.
- INDEMNIFICATION YOU AGREE TO INDEMNIFY Help Squad, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE Help Squad SERVICES, IN CONNECTION WITH THE Help Squad WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
- GENERAL PROVISIONS You acknowledge and agree that the Help Squad services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and Help Squad’s sole obligation to you or any third party for any claim arising out of your use of the Help Squad services or the Help Squad or apps, is that you are free to discontinue your use of the Help Squad services or the Help Squad apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Help Squad EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANT-ABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT Help Squad SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF HELP SQUAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of Help Squad’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforce-ability of the remaining terms. The failure of Help Squad to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Help Squad services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and Help Squad and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.