ICHORE TERMS OF USE
Welcome to the iChore platform, a website and app-based (“iChore Platform”) which enables connections between customers (“Customers”) and Chorer (“Chorer”) to perform chores (“Chores”), Customers are individuals and/or businesses seeking to obtain short-term chores from Chorers and are therefore Customers of Chorer, and Chorers are individuals seeking to perform Chores for Customers. Customers and Chorer are collectively known as “Users”. Users are solely responsible for their interactions and transactions with each other.
The iChore Platform is owned and operated by iChore, Inc. ("iChore"). By accessing or using the iChore Platform, you ("User" or "you") agree to be bound by these Terms of Use ("Agreement") as set forth herein. Please read these Terms carefully before using the iChore Platform.
This Agreement constitute a legally binding agreement between the User and iChore, Inc. (“iChore”) governing the use of the iChore Platform. iChore’s website, www.iChore.app, (“Website”), mobile applications (“Apps”), and related services, information and communications are collectively referred to as the “iChore Platform.”
1. Privacy Policy.
The use of all personal data a User submits to iChore Platform or is collected is governed by iChore’s Privacy Policy (“Privacy Policy”). A copy of the Privacy Policy is available on the Website and is hereby incorporated into this Agreement.
2. Agreement Amendment.
By signing up and continued use of iChore Platform constitutes a User’s acceptance of and agreement to this Agreement, and Privacy Policy for the country in where the Chore is being performed, and to any future amendments and additions to this Agreement that is in effect from time to time. If any future changes to this Agreement are unacceptable to a User or cause the User to no longer be in compliance with this Agreement, the User must deactivate its account, and immediately stop using the iChore Platform. IF A USER DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, SUCH USER MAY NOT USE OR ACCESS THE ICHORE PLATFORM.
3. iChore Disclaimer of Warranty or Representation.
3.1. Terms and Conditions.
BY ACKNOWLEDGING THE TERMS OF USE AND/OR USING THE ICHORE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING, AS APPLICABLE FOR U.S AND CANADIAN USERS, THE DISPUTE RESOLUTION) AND ACCEPT ALL OF ITS TERMS. Your use of the iChore Platform in a country other than the country in which you register constitutes your acceptance of and agreement to all of this Agreement for that country.
3.2. Independent Contractors.
CHORERS ARE INDEPENDENT CONTRACTORS OF CUSTOMERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF ICHORE. ICHORE DOES NOT PERFORM CHORES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM CHORES. BY CONNECTING PEOPLE AND BUSINESSES SEEKING SERVICES WITH CHORERS, ICHORE OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CUSTOMERS WITH CHORER WHO WISH TO PERFORM A VARIETY OF CHORES.
3.3. Disclaimer of Liability.
USERS HEREBY ACKNOWLEDGE THAT ICHORE DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A CHORER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE CHORES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE CHORES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.
3.4. Disclaimer of Chorer’s Performance.
Any reference on the iChore Platform to a Chorer being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” “vetted” (or similar language) designations indicates only that the Chorer has completed a relevant account registration process or met certain criteria and does not represent anything else. The iChore Platform enables connections between Users for the fulfillment of Chores. iChore is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Chores, Chorer, or Customers, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. iChore makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Chores requested or Chores by, or the communications of or between, Users identified through the iChore Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.
4. Chorer Background Checks and User Representations and Warranties
4.1. Chorer Background Checks.
Chorer will be subject to a review process before they can register for and during their use of the iChore Platform, which may include but is not limited to identity verification and criminal background checks. Although iChore will perform Background Checks, iChore does guarantee that any User is who they claim to be, and iChore cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.
4.2. Your Safety.
Users agree that when interacting with other Users, you will exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you do not know. iChore will not be liable for any false or misleading statements made by Users of the IChore Platform.
4.3. Disclaimer of Liability.
NEITHER ICHORE, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ICHORE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE ICHORE FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ICHORE PLATFORM.
5. User Representations and Warranties.
All Users represent and warrant that:
5.1.
Legal Age.
You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users) and are otherwise capable of entering into this Agreement. You have the right, authority and capacity to enter into this Agreement and to abide by its terms and conditions and that you will so abide.
5.2.
Legally Binding.
You have read, understand, and agree to be bound by this Agreement applicable to the country where the Chore is performed. Chores will only be performed in a country where the iChore Platform has a presence.
5.3.
Customer Privacy.
You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Chore or any interaction by or with any User and/or iChore in connection with the iChore Platform without the prior written consent of iChore and/or the relevant User, as applicable.
5.4.
Fulfill Commitments.
You will honor your commitments to other Users on the iChore Platform, including by responding to invitations promptly; performing the Chore(s) as agreed upon with the other User; and providing timely, high-quality services to the other User. You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with other User. You will act professionally and responsibly in your interactions with other Users.
5.5.
Payment.
The Customer will pay the Chorer in full for all Chores prior to confirming a booking via iChorer Platform third-party payment provider (“Payment Provider’), at the rates stated on the iChore Platform. You will only make or receive payments for Chores through the iChore Platform Payment Provider. Direct cash payments to Chorers are strictly prohibited and not allowed. To help prevent fraud and safeguard User information from the risk of unauthorized access, iChore and/or the Payment Provider may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Chore and expenses.
5.6.
Real Name.
You will use your real name or business name on your profile and an up-to-date photo on your profile.
5.7.
Compliance.
When using or accessing the iChore Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith. You are responsible for identifying and obtaining any required licenses, permits, or registrations before undertaking Chores. You have the unrestricted right to work in the jurisdiction in which you will be performing the Chores. You will only offer and provide Chores for which you have the necessary skills and expertise and provide those Chores safely.
5.8.
Illegal Use.
You will not use the iChore Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services.
5.9.
Authority to Bind.
If you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
5.10.
Use of iChore Platform.
Other than as fully and promptly disclosed in writing to iChore, you do not have any motivation, status, or interest that iChore may reasonably wish to know about in connection with the iChore Platform, including without limitation, if you are using or will or intend to use the iChore Platform for any journalistic, academic, investigative, or unlawful purpose.
6. Performing the Chores.
6.1. Agreement.
You acknowledge and agree to this Agreement. iChore is not a party to any other engagement and the formation and will not, under any circumstances, create an employment or other service relationship between iChore and the Chorer, nor will it create an employment relationship between the Customer and the Chorer. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of iChore.
6.2. Customer Agent.
While using the iChore Platform, Customers, in their sole discretion, determine whether they will be present or not when a Chore is performed. Customers agree that if someone other than them books the Chore on their behalf or is present when the Chore is performed, they are appointing that person as their agent (“Customer’s Agent”) and the Chorer may take and follow direction from the Customer’s Agent as if such direction was given by the Customer. If you are a Customer’s Agent and accessing and using the iChore Platform on behalf of a Customer, you represent that you have the authority to act as their agent and to bind that person as the principal to all engagement. A Customer’s Agent may authorize any applicable waiver of the Customer’s scoping, direction, or instruction of the Chorer’s work or performance of the Chore. Customer agrees that such direction and/or waiver is valid against Customer and Customer’s Agent, and Customer will be responsible and liable for all such direction and/or waiver as if made by Customer. Customer assumes full and sole responsibility for the acts and omissions of Customer’s Agents.
6.3. Chore Bookings.
When Customer books a Chore on the iChore Platform Customer will automatically be charged for the minimum hours stated for such Chore. Customer hereby automatically authorizes the Payment Provider to charge it. Customers may be charged a one-hour cancellation charge as damages at the Chorer’s hourly rate through the Payment Provider if you book a Chore but cancel it within an hour of the scheduled time for performance.
6.4. Payment Hold.
iChore reserves the right (but not the obligation) upon request from Customer or Chorer, or upon notice of any potential fraud, unauthorized charges or other misuse of the iChore Platform, to place on hold any Chore Payment, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the Payment Provider to do so.
6.5. Taxes.
Users of the IChore Platform will be liable for any taxes or similar charges (including VAT, if applicable in the country where the Chore is performed) required to be collected and/or paid on the Chores and/or fees provided under this Agreement. In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that iChore may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.
7. Contests, Gift Cards, and Promotional Codes.
iChore may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of iChore, and can be implemented, modified, or removed at any time by iChore without advance notification. The liability of iChore, as well as any of iChore’s corporate partners pursuant to such promotional opportunities and contests, will be subject to the limitations set forth in herein.
8. Public Areas; Acceptable Use
8.1. The iChore Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Chore postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper for the Chore. For the safety and integrity of the iChore Platform, you should not share your personal contact information with other Users.
8.2. Prohibited Use. Without limitation, the iChore Platform may not be used by a User for any of the following purposes:
8.2.1. To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and iChore employees.
8.2.2. To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information.
8.2.3. To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or iChore.
8.2.4. To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage IChore or its Users’ computers.
8.2.5. To advertise or offer to sell any goods or services for any commercial purpose through the iChore Platform which are not relevant to the Chore.
8.2.6. To post or complete a Chore requiring a User to purchase or obtain gift cards or money orders or to otherwise engage in activity that is illegal or deemed dangerous, harmful or otherwise inappropriate by iChore in its sole discretion.
8.2.7. To conduct or forward surveys, contests, pyramid schemes, or chain letters.
8.2.8. To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under herein for Customer’s Agent.
8.2.9. Use the iChore Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Chore in violation of local, state, provincial, national, or international law.
8.2.10. Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly.
8.2.11. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the iChore Platform.
8.2.12. Restrict or inhibit any other User from using and enjoying the iChore Platform.
8.2.13. Imply or state that any statements you make (whether on or off the iChore Platform) are endorsed by iChore, without the prior written consent of iChore.
8.2.14. Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the iChore Platform, or the electronic addresses or personal information of others, in any manner.
8.2.15. Frame or utilize framing techniques to enclose the iChore Platform or any portion thereof.
8.2.16. Hack or interfere with the iChore Platform, its servers or any connected networks.
8.2.17. Adapt, alter, license, sublicense or translate the iChore Platform for your own personal or commercial use.
8.2.18. Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by iChore.
8.2.19. Upload content to the iChore Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;
8.2.20. Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner.
8.2.21. Solicit for Chores or any other business outside of the iChore Platform, Website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the iChore Platform as set forth herein.
8.2.22. Collect usernames, email addresses, or other personal information of Users by electronic or other means.
8.2.23. Use the iChore Platform or the Chore services in violation of this Agreement.
8.2.24. Use the iChore Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining iChore’s trade secret information for public disclosure or other purposes;
8.2.25. Attempt to circumvent the payments system, Payment Provider or service charge or in any way including, but not limited to, making or processing payments outside of the iChore Platform, providing inaccurate information on iChore Platform, or otherwise acting in a fraudulent manner or intent to defraud iChore.
8.2.26. Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number.
8.2.27. Cause any third party to engage in the restricted activities above; or
8.2.28. Use tools with the goal of masking your IP address.
8.3. You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. iChore will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.
9. Mobile App Updates and Upgrades.
By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the iChore Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with iChore’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.
10. Deactivation and Suspension.
10.1. Account Suspension or Deactivation.
iChore may suspend your right to use the iChore Platform pending its investigation of a potential breach by you of this Agreement. iChore may deactivate your account or limit your use of the iChore Platform upon its determination that you breached a provision of this Agreement (“User Breach”). iChore will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact customercare@ichore.app within 30 days of receipt of such notice with the grounds for your appeal.
10.2. Effect of Suspension/ Deactivation.
If iChore suspends or deactivates your account or limits your use of the iChore Platform pursuant to this Section, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
10.3. Enforceability.
Even though your right to use the iChore Platform is suspended, terminated or limited, this Agreement will remain enforceable against you. iChore reserves the right to take appropriate legal action pursuant to this Agreement.
10.4. iChore reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the iChore Platform at its sole discretion. iChore will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, iChore will not be liable to you for any modification or discontinuance of all or any portion of the iChore Platform. iChore has the right to restrict anyone from completing registration as a Chorer if such person may threaten the safety and integrity of the iChore Platform, or if such restriction is necessary to address any other reasonable business concern.
10.5. Termination.
You may terminate this Agreement at any time by ceasing all use of the iChore Platform and deactivating your account.
11. Account, Password, Security, and Telephone Communications.
You must register with iChore and create an account to use the iChore Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by iChore for accessing the iChore Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. IChore has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify iChore immediately.
11.1. You acknowledge that telephone calls to or from iChore, together with its agents, may be monitored and recorded for the purposes of quality control and training.
11.2. You verify that any contact information provided to iChore, its agents and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify iChore before the change goes into effect. If the change regards ownership of your telephone numbers, you may notify iChore by texting STOP to any text message sent to the retiring phone number.
12. iChore Operates as an Online Marketplace.
iChore operates as an online marketplace that connects Customers with Chorers who wish to perform a variety of Chores. iChore does not perform Chores and does not employ people to perform Chores. Chorer operate as independent person performed for Customers through the iChore Platform. iChore does not control or direct the Chorer’s performance of the Chores or set their Chore locations, work hours, or terms. Chorer provides the Chores under his/ her own name, and not under iChore’s name. Customers provide their own tools and supplies to perform the Chores; iChore does not provide the tools or supplies. Chorer are free to accept or reject Customers. Chorer are Chores obligations to the Customer once he/ she has accepted the Chore.
12.1. The iChore Platform is not an employment agency service or business and iChore is not an employer of any User. Chorer acknowledge and confirm that they are responsible for exercising his/her judgment in agreeing to performing Chores.
13. Intellectual Property Rights.
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including iChore designs, patent, and logos (collectively “Proprietary Material” ) that Users see or read through the iChore Platform is owned by iChore, excluding contents generated by User (“User Generated Content”), which Users hereby grant iChore a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. iChore owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the iChore Platform without iChore’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.
14. Confidential Information.
You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of iChore and agree that you will not, for the lifetime of your account on iChore plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the iChore Platform in accordance with this Agreement. If relevant, you may disclose the Confidential Information to your authorized agents provided that they are also bound to maintain the confidentiality of Confidential Information. You will use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You will promptly notify iChore in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You will return all originals and any copies of any and all materials containing Confidential Information to iChore promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.
14.1. Confidential Information.
Confidential Information will mean any and all of iChore’s trade secrets, confidential and proprietary information, and all other information and data of iChore that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information will be deemed to include technical data, know-how, research, product plans, products, Chores, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to iChore or iChore’s business, operations or properties, including information about iChore’s employees, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.
15. Use of the iChore Platform is Entirely at Your Own Risk.
THE TECHNOLOGY OF THE ICHORE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. ICHORE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE ICHORE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE ICHORE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ICHORE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.
16. Disclaimer of Warranty and Limitation of Liability.
16.1. Disclaimer of Warranty.
iChore does not warrant, endorse, guarantee, or assume responsibility for any Chore advertised or offered by a third-party through the iChore Platform or any hyperlinked website or featured in any banner or other advertising, and iChore will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, iChore do not warrant that access to the iChore Platform will be uninterrupted or that the iChore Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the iChore Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Chore, information or materials provided through or in connection with the use of the iChore Platform. iChore are not responsible for the conduct, whether online or offline, of any User. iChore does not warrant that the iChore Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. iChore will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.
16.2. Notwithstanding any feature or Chore that a Customer may use to expedite Chorer, each Customer is responsible for determining the Chore and iChore does not warrant any Chores by a Customer and does not recommend any particular Chorer. iChore does not provide any warranties or guarantees regarding any Chorer’s ability.
16.3. No Liability.
You acknowledge and agree that iChore is only willing to provide the iChore Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold iChore or its corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (“Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the iChore Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Chore, and any destruction of your User Generated Content.
16.4. Limitation of Liability.
UNDER NO CIRCUMSTANCES WILL ICHORE OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE ICHORE AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY ICHORE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE ICHORE PLATFORM OR THE CHORES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in its’ entirety.
ICHORE EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND ICHORE PLATFORM OR ICHORE ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY CHORE PERFORMED VIA THE ICHORE PLATFORM.
IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ICHORE OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO ICHORE (IF YOU ARE A CUSTOMER) OR TOTAL CHORE PAYMENTS PAID TO YOU BY CUSTOMERS (IF YOU ARE A CHORER), DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
17. Indemnification.
You hereby agree to indemnify, defend, and hold harmless iChore, directors and employees from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the iChore Platform; (ii) your participation in Chores, or your ability or inability to perform or obtain the performance of Chores or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties herein; (vi) any content submitted by you or using your account to the iChore Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Customer, the acts or omissions of any Customer’s agents. iChore reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of iChore.
18. Dispute Resolution.
To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the iChore Platform, your relationship with iChore, Chores, or this Agreement (including previous versions), (“Dispute”), you and iChore agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to iChore. iChore’s address for such notice is Attention: Legal, 11510 Avery Drive, Inver Grove Heights, MN 55077.
19. No Agency; No Employment.
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
20. General Provisions.
20.1. Failure by iChore to enforce any section(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and iChore with respect to its subject matter and supersedes and governs any and all prior agreements or communications. The sections of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of this Agreement (a) iChore will be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity will replace iChore for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section will be null and void. This Agreement will inure to the benefit of iChore, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement will continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the iChore Platform.
20.2. Changes to this Agreement and the iChore Platform.
iChore reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Use and Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the iChore Platform or any content or information through the iChore Platform at any time, effective with or without prior notice and without any liability to iChore. iChore may also impose limits on certain features or restrict your access to part or all of the iChore Platform without notice or liability.
20.3. iChore will endeavor to notify you of material changes to this Agreement by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the iChore Platform. Your continued use of the iChore Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.
20.4. No Rights of Third Parties.
The sections of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party (including any third party beneficiary) or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or section contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a User’s agent may act in the name of and on behalf of User.
20.5. Notices and Consent to Receive Notices Electronically.
You consent to receive any agreements, notices, disclosures and other communications (“Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on iChore Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement 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 email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.
20.6. Consent to Electronic signatures.
By using the iChore Platform, you agree to transact electronically through the iChore Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
20.7. Jurisdiction-specific Provisions, including Dispute Resolution.
To the extent that there are any discrepancies or inconsistencies between this Agreement and the following jurisdiction-specific provisions, the jurisdiction-specific provisions will prevail, govern and control for Users in those jurisdictions.
20.7.1. Prohibition of Class Actions and Non-Individualized Relief.
Except as otherwise required under applicable law. YOU ACKNOWLEDGE AND AGREE THAT YOU AND ICHORE ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Notwithstanding the foregoing, this Class Action Waiver will not apply to California Private Attorney General Act Claims, which are addressed separately below.
20.8.
Severability.
In the event that any portion of this Agreement is deemed illegal or unenforceable under applicable law, such provision will be severed, and the remainder of the Agreement will be given full force and effect.
20.9.
Your Indemnification to iChore.
You agree to indemnify iChore, and independent contractors (including Chorers) for any privacy, tort or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify iChore of any changes in your contact information, including telephone number. You agree to indemnify, defend and hold iChore harmless from and against any and all such claims, losses, liability, costs and expenses (including reasonable attorneys’ fees). iChore will have the exclusive right to choose counsel, at your expense, to defend any such claims.
20.10. General.
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Section will survive termination of this Agreement.
20.11. Worker Classification and Withholdings.
iChore does not employ Chorers. iChore is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a Chorer’s use of the iChore Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
20.12. Background Checks.
As a Chorer, you agree to promptly disclose to iChore in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the iChore Platform.
20.13. Sales Tax Collection and Remittance.
In jurisdictions where iChore facilitates the collection and/or remittance of sales tax on behalf of Chorer, you instruct and authorize iChore to collect taxes on your behalf, and/or to remit such taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.
20.14. Release.
TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
Further, in consideration of the services provided by iChore, you hereby release iChore from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws.
iChore cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
20.15. Governing Law and Dispute Resolution.
This Agreement will be governed by and construed and enforced in accordance with the laws of the State of Minnesota, without regard to its choice of law provisions. Each party consents to submit to the sole and exclusive jurisdiction of the State and Federal courts in Ramsey County, Minnesota.