iTRAYNE TERMS AND CONDITIONS

(Last updated 08/24/2019)

Terms and Conditions

The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company, iTrayne LLC “Service Provider” refers to professionals offering services in a listed category, who may or may not be licensed and/or bonded in such service category, who have registered with the Company to provide such services. “Client” refers to customers who seek to engage a Service Provider to provide services in a listed category. “Party”, “Parties”, or “Us”, refers to the Service Provider, the Client and Ourselves, or either the Service Provider, Client and/or Ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

In using this website or mobile app You are deemed to have read and agreed to the following Terms and Conditions, which may be updated or changed from time to time by the Company without notice to You. If You do not agree with any of the Terms and Conditions, do not use this website, our mobile app, or our services. Because our services are evolving over time, We may change or discontinue all or any part of our services, at any time and without notice, at our sole discretion. Your continued use of this website or app following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes.


Customer Requirements

The Company’s services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law. You represent and warrant that You are at least eighteen (18) years old and that all registration information You submit is accurate and truthful. If You are using the services on behalf of any entity, You represent and warrant that You are authorized to accept these terms and conditions on such entity’s behalf and that such entity agrees to be responsible to Us if You or such entity violates these terms and conditions. If you register an account on behalf of a third party, a Company, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.


Registration Information

You are responsible for maintaining Your registration information in a confidential and secure manner and for any and all activities that occur under or in connection with Your registration information. You should use a strong password, verify any emails before responding to them with confidential information, and use anti-virus software. You agree to notify the Company of any known or suspected unauthorized use(s) of Your registration information. The Company will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to safeguard Your registration information. You must provide accurate, current and complete information during the registration process and keep your account and public information up-to-date at all times. You may not register more than one (1) account unless the Company authorizes you to do so. You may not assign or otherwise transfer your account to another party. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users, (ii) screen users against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).


Account Deactivation

The Company may deactivate a user or registered account or at any time for failure to comply with Company guidelines governing use of this website or these Terms and Conditions.


Services.

The Company provides a platform (including via this website and a mobile app) where Clients post a personal training or related service needed and Service Providers may respond with quotes and timelines to accomplish the requested service at a location convenient to the Parties (the “Platform”). Upon registration, the Platform allows Service Providers to upload information about themselves, including any applicable licensure or credentials (not verified by the Company) and a professional portfolio. Clients select a Service Provider to provide the requested service and the Parties schedule and deliver the service communicating via the Platform or other means. Service Providers alone are responsible for the information they provide and their Services. When You make or accept a booking, You are entering into a contract directly with the applicable Service Provider. The Company is not and does not become a party to or other participant in any contractual relationship between You and the Service Provider you have selected, nor is the Company an insurer. The Company is not acting as an agent in any capacity for You or the Service Provider.

As the provider of the Platform, the Company does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Host Services, nor is the Company an organizer or retailer of fitness packages under Directive (EU) 2015/2302.

You, as Clients, understand and acknowledge that the information listed on the Platform related to each Service Provider, including descriptions, service categories, photographs, and images are for informational purposes only, and are not meant as complete or accurate representations of such Service Providers. The Company DOES NOT verify any information posted or submitted by Service Providers for inclusion on the Platform, including, without limitation, any licensure or credentials in a service category. If You have any questions as to the qualifications or background of a Service Provider, please contact the applicable Service Provider for clarification or to provide written confirmation thereof. We reserve the right to change or update service categories, descriptions and depictions at any time without giving You notice, including to correct any errors, inaccuracies, or omissions, or due to changes in the services provided by the Company or a Service Provider.

The Company does not represent either the Service Provider or the Client in specific transactions. We do not supervise, oversee, inspect or control, and we are not liable to or responsible for, the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of any Party to complete a service or purchase. The Company uses good faith efforts to verify the identities of users of the Platform.

In the event a service is to be provided at a location, rather than remotely, such location may employ their own rules, conditions, waivers and other obligations with which You must comply, including dress code, footwear and alcoholic beverage consumption restrictions. You understand and acknowledge that You have complete oversight over Your person and property


Scheduling/Location

You may accept bids or otherwise select the rate in accordance with Your requested service, via the Platform, from those offered by available Service Providers in your geographic area.

n the event a service is to be provided at a specified location, as agreed by the Client and Service Provider, acceptable location sites may be the Client’s home or office, or a mutually- agreeable offsite location that is suitable to meet the needs of the Service Provider providing the service. The Client is responsible for setting up any such location such that a safe and suitable environment is established, and such that the service may be provided in the manner required by the Service Provider. Service Providers may reject proposed offsite locations in their sole discretion. Once a mutually-agreeable location has been determined by the Parties, the Client will meet the Service Provider at said location at a preselected time, as applicable. Client understands and acknowledges that Client, by using the services of Service Provider, may be inviting a Service Provider inside Client’s home, office or other location and accepts all risks related to the presence of an unknown Service Provider in Client’s personal space.

Scheduling is subject to the availability of the Service Providers and is not guaranteed for any particular day or time. We do not guarantee that Service Providers will arrive precisely within the agreed timeframe. If a Service Provider arrives earlier or later than specified, You agree to accept the services You ordered and release Us from all liability for any loss, damage, or inconvenience that You may experience as a result of the untimely arrival. You may request an expedited service, and Service Providers will be notified of the urgency to submit their availability, rates and timelines for completion of the service.

We will send an electronic confirmation of the reservation date and time for a Client’s services in each instance. The time period and process, if any, in which the Client may make changes to such scheduled services will be listed on such electronic confirmation. Client’s e-mail confirmation may contain a confirmation code which may be presented to the to the Service Provider and used as additional identification.

If You miss or fail to show up for a service appointment for any reason, You agree that you forfeit any and all payments You have made in connection with such service in accordance with Our policies.


Service Providers

The Company may run a background check on each Service Provider for security purposes. You, as Service Providers, warrant that all information submitted to the Company and Clients is accurate.

Service Providers are responsible for the information related to their services listed on the Platform. You, as Service Providers, warrant that all information You provide regarding Your services is accurate and updated, including Your availability and geographic scope. Service Providers must: (i) provide complete and accurate information about your Services (such as listing description, location, and calendar availability) for use in creating a dedicated listing profile for You (“Listing”), (ii) disclose any deficiencies, restrictions (such as location based rules) and requirements that apply (such as any minimum age, proficiency or fitness requirements for any Services) and (iii) provide any other pertinent information requested by the Company. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

After the Service Provider receives a payment confirmation from Us confirming that a Client has ordered and paid for such Service Provider’s service, the Service Provider shall provide such service. To protect the Client, the Service Provider will not be deemed to have earned the payment until the Company confirms receipt of the service by the Client.

Service Providers may be required to submit a W-9 form. It is understood that it is the express intention of the Service Provider and the Company that Service Provider is an independent contractor and not an employee, agent, joint venturer or partner of the Company. Nothing in these Terms and Conditions shall be interpreted or construed as creating or establishing the relationship of employer and employee between the Company and or any employee or agent of Service Provider. Both the Company and Service Provider acknowledge that Service Provider is not an employee for state or federal tax purposes. Service Provider shall not be entitled to any of the benefits accorded to Company employees including, without limitation, workers’ compensation, unemployment insurance, vacation or sick pay. Service Provider’s services will be performed with no direct supervision from the Company. Service Provider represents that Service Provider has the qualifications and abilities to perform the services provided pursuant to the Platform in a professional manner without the advice or control of the Company. Service Provider will perform his or her services in accordance with applicable industry standards.

The Company recommends that Service Providers obtain appropriate insurance for their Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients or third party beneficiaries while receiving your Services.

Service Providers are responsible for their own compliance with the rules, regulations and guidelines of any authority or governing body, as required, whether or not in connection with a license or other certification, as well as all other applicable federal, state and local laws and regulations. Service Providers are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Services they offer. Certain types of Services may be prohibited altogether. Penalties may include fines or other enforcement.


Clients

Any person or business entity can register as a Client on the Platform. You, as Clients, warrant that all information You submit to the Company and Service Providers is accurate.

After Client submits a purchase request for a service, or accepts a Service Provider’s bid for a service as applicable, and pays to the Company the total amount payable for any purchased services, the Company will send Service Provider a payment confirmation, upon which the Service Provider will travel to the agreed-upon location, if applicable, and provide the services. The Company will only pay the Service Provider, less transaction fees and fees owed the Company for its services related to the Platform, after confirming that the Client has received the service.

Client understands and acknowledges that the Company is not responsible for ensuring the quality or suitability for Client’s purposes of any service or product offered on the Platform. You should always exercise due diligence and care when deciding whether to participate in the Services, whether online or in person, and in Your use of the Platform.


Fees Payable to the Company and Service Provider

The Company shall charge Service Providers transaction fees in accordance with the following schedule, which schedule is subject to change at any time: _____________________________________.

All such transaction fees shall be deducted by the Company at the time of processing the associated purchase/sale transaction between the Service Provider and the Client, after the completion of the service provided to such Client. All fees payable to Service Provider shall be payable in payment periods, as opposed to upon the conclusion of each transaction, in accordance with the following schedule, which schedule is subject to change at any time: _____________________________________.

Cancellation or Late Fees/Penalties

Clients will receive a warning if such Client cancels within 2 hours or less of a scheduled appointment. Three (3) warnings within one month will result in the Client receiving a strike. Three (3) strikes within one month will result in a fourteen (14) day suspension of Client from the Platform. Two (2) consecutive months with strikes will result in Client account termination.

If a Service Provider cancels a confirmed appointment within twenty-four (24) hours of the appointment, he/she will receive a strike. Three (3) strikes within one month will result in a penalty of $60.00 and a rating decrease, as applicable, of 10% to such Service Provider. Every strike after the third will result in a twelve (12) hour timeout from the Platform, and will have a significant effect on the Service Provider’s rating, in the Company’s discretion. A Service Provider’s account will be terminated if he/she incurs more than six (6) strikes in a month. If a Service Provider cancels an appointment because the Client was not present or for security reasons, no penalty will apply. All penalty fees incurred by a Service Provider in connection with the foregoing shall be withheld or offset against payments due Service Provider for services provided via the Platform.

Client will be charged a $20.00 no-show fee for missing an appointment without cancelling it, in addition to the fees for the services which were to have been provided, which penalty fees shall be charged to Client’s credit card on file. In addition to the fees payable for the service, Service Providers will receive a $15.00 credit for a Client no-show, which payment will be added to the Service Provider’s next payment from the Company. If either Party cancels an appointment that has already started, they must provide a reason for the cancelation. The Company administrator will determine what penalties, if any, will apply to which Party in event of such cancelation.

If a Service Provider waits for a Client for more than 15 minutes, the Service Provider will be permitted to cancel the appointment with the forgoing no-show fees applying to Client. If a Client waits for a Service Provider for more than 15 minutes, the Client will be permitted to cancel the appointment with the foregoing strike penalty applying to Service Provider.


Payment

When You accept a bid or make a purchase for a service via the Platform, You will be asked to supply additional information, including payment information such as Your credit card number, the expiration date for Your credit card, Your billing address, or other relevant or necessary information to either verify Your identity or process Your payment. You represent and warrant that You have the legal right to use such payment methods which You provide Us. In order to complete Your order, You authorize Us to share Your payment information to necessary third parties.


Refund Policy

The Company does not offer refunds for any services once payment has been received and the service has been scheduled. Clients may reschedule their service appointment in event of a Service Provider cancellation.


Resolving Party Disputes

Service Providers and Clients may securely communicate with each other via the Platform. During the process, Parties can ask each other important questions, settle disputes, and other communication functions. If a dispute persists, the Company will follow the complaint procedures set forth below in these Terms and Conditions, but may also attempt to mediate between the parties. The Company cannot and does not guarantee or make any claims with regard to its ability to resolve any disputes between Parties or the ultimate enforcement of any resolution agreed upon by the Parties.


Image Release

In the event that photographs of the service provided to a Client have been taken and shared either on social media or with Us, the Company reserves the right to use such photographs in its promotional materials. The Company also reserves the right to use such photographs on the Platform.


Code of Conduct

By purchasing or providing a service, You agree that You will conduct Yourself in an appropriate manner throughout the course of Your participation in the activities that comprise the purchased service. You agree that You will not engage in activity or behavior that:

1. (a) is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) harasses, abuses, harms or advocates or incites harassment, abuse or harm of another person or group, including Service Providers, Clients, and other users or (e) otherwise harms or can reasonably be expected to harm any person or entity;

2. violates the rules or codes of conduct of any selected location, including excessive intoxication or consumption of alcoholic beverages when consumption of alcoholic beverages is expressly forbidden;

3. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;

4. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) other than the service provided pursuant to the Client- requested service;

5. restricts, discourages or inhibits any person from using the Platform, discloses personal information about a third person on the Platform or obtained from the Platform without the consent of such person, or collects information about users;

6. gains unauthorized access to the Platform, to other users' accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Platform;

7. uses the Platform in a manner that is unlawful or in any manner that could damage, disable, overburden or impair any Company server or connected network(s) or interferes with any other party’s use and enjoyment of the Platform; or We cannot and do not assure that Service Providers, Clients or other users or visitors of a service location are or will be complying with the foregoing Code of Conduct or any other

8. violates any applicable federal, state or local laws, regulations or these Terms and Conditions.

provisions of these Terms and Conditions, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.


Assumption of Risk

During the course of Your provision or engagement of any service via the Platform, You may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, the following: travel and navigation in difficult terrain and inclement weather; inadequate food and/or water supplies; accidents or collisions involving planes, trains, automobiles, or other modes of conveyance; acts of terrorism, vandalism or war; storms, earthquakes or other natural disasters; government restriction or regulation; theft or other criminal acts; and injury, accident or illness without access to medical facilities. These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that the Company or others can provide assistance if any of the forgoing result. You hereby acknowledge that Your use or provision of any services via the Platform involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Your participation is entirely voluntary and that You elect to assume all such risk and use or such services and engage in associated activities with full knowledge of the inherent risks.
Additionally, You have informed the other Parties of all known physical conditions, medical conditions and medications, as may be relevant or necessary for the provision or use of services via the Platform. All Parties acknowledge and agree that no medical services will be provided or included in services rendered via the Platform and that the Service Providers are not licensed to provide any medical, diagnostic, pharmaceutical or other related professional services. If You experience any pain or discomfort during the provision of any services via the Platform, You will immediately communicate that to the Service Provider so the services can be adjusted.


Indemnification

You agree, whether you are a Service Provider or Client, to be responsible for your own obligations in all transactions related to this website. You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys' fees, made by any third party due to or arising out of any content or information You submit, post, transmit, modify or otherwise make available on this website or to third parties with whom You are in contact via this website, including but not limited to any confidential information, services provided by or to you, Your violation of this Terms and Conditions, Your violation of any rights of another, or the acts or omissions of You, any Service Provider, Client or other third party You come into contact with via the Platform.


Remedies

Your sole remedy for a breach of this agreement is an action at law for damages. You waive any right of rescission or to injunctive or other equitable relief.


Limitation of Liability

THE INFORMATION ON THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND, IN PARTICULAR, DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S SERVICES OR USE OR PROVISION OF SERVICES VIA THE PLATFORM, OR AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR SERVICES. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

Your use of any information or materials on this website, mobile app or the Platform is entirely at Your own risk, for which We shall not be liable. It shall be Your responsibility to ensure that any products, services or information available through this website, mobile app or the Platform meet your specific requirements. IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.


Non-Circumvention

Clients and Services Providers agree not to in any way, directly or indirectly, solicit, by-pass, compete, avoid, circumvent, or attempt to circumvent the Company relative to the purchase of services from Service Providers offered on the Platform.


Force Majeure

Neither the Company nor the Service Providers shall be liable due to causes beyond the control and without the fault or negligence of such party. Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the Party failing to perform. Such Party will inform You of any Force Majeure event as soon as practicable after its occurrence.


Americans with Disabilities Act

The Company makes no warranty or representation as to whether or not any locations wherein services provided via the Platform take place or that any of the activities comprising such services themselves comply with the Americans with Disabilities Act (ADA) or any similar legislation.


Disclaimer

NONE OF THE CONTENT MADE AVAILABLE THROUGH THE PLATFORM SHOULD BE CONSIDERED AS PROFESSIONAL MEDICAL ADVICE OR CONSULTATION. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. BY USING THE SERVICE, YOU AGREE THAT YOU WILL NOT RELY ON THE PLATFORM OR ANY SERVICES PROVIDED VIA THE PLATFORM AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE AND THAT YOU WILL ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING MEDICAL MATTERS. IN NO EVENT WILL A MEDICAL PROFESSIONAL/PATIENT RELATIONSHIP BE CREATED BY USING THE PLATFORM OR THE SERVICES OF A SERVICE PROVIDER.

THE COMPANY DOES NOT OBTAIN LICENSE, CREDENTIAL AND OTHER BACKGROUND INFORMATION FROM SERVICE PROVIDERS AND, AS SUCH, CANNOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED BY A SERVICE PROVIDER RELATED THERETO OR THAT A PARTICULAR SERVICE PROVIDER IS QUALIFIED TO PERFORM ANY GIVEN SERVICE; IT IS SOLELY THE RESPONSIBILITY OF EACH CLIENT, AND NOT THE COMPANY, TO DETERMINE WHETHER A SERVICE PROVIDER IS QUALIFIED AND CAPABLE OF RENDERING THE SERVICES TO BE PROVIDED TO THE CLIENT.

Due to the nature of the Internet, the Company cannot guarantee the continuous and uninterrupted availability and accessibility of the Platform. We may restrict the availability of the Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. We may improve, enhance and modify the Platform and introduce new Services from time to time.

Your use of any information, services or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any services or information available through this website meet Your specific requirements.

Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that You consult or download.


Miscellaneous

The Company’s rights under this Terms and Conditions may be assigned, however You may not assign Your rights under these Terms and Conditions. These Terms and Conditions shall inure to the benefit of the parties and their successors, administrators, heirs and assigns. These Terms and Conditions shall be interpreted under the laws of California applicable to contracts entered into and fully to be performed therein. No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof. Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, these Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein. If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the provisions of these Terms and Conditions shall prevail in respect of Your use of this website, mobile app and the Platform. Should any term or provision of these Terms and Conditions be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Headings are solely for convenience or reference and do not constitute a part of these Terms and Conditions. The terms "including" and "includes" should be read as "including/includes, but not limited to." All rights and remedies given to Us in this Terms and Conditions are cumulative and not exclusive of any other rights or remedies which We otherwise have at law or equity. Unauthorized use of this website may give rise to a claim for damages.


Privacy Policy

The Company is committed to the protection of Your privacy, and will treat all of the information You provide to Us with the utmost respect. The Company works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of Your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Company will only share the information You provide with its employees, agents, processors and third-party payment vendors as necessary to complete the services requested by You. We will not sell or disclose personally identifiable information about You to unaffiliated third parties except in accordance with this Privacy Policy. These privacy practices do not govern the use of Your information by third-parties who may have access to Your information, either because the Company has shared that information consistent with these Terms and Conditions or because You provided that information Yourself, whether or not in connection with the services.

You are solely responsible for all content that you make available on or through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to the Company the rights in and to such content, as contemplated under these Terms and Conditions; and (ii) neither the content nor your posting, uploading, publication, submission or transmittal of the content or the Company’s use of the content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Although We value Your privacy and consequently take commercially reasonable steps to safeguard Your personal information, billing information, or other information from loss, misuse, and unauthorized access, no security system is invulnerable. We cannot guarantee that the information We receive from You will not be intercepted or otherwise improperly obtained by third parties. E-mail messages and other Internet communications are not secure. Our security software does not encrypt e-mail messages. Messages traveling through the Internet are subject to viewing, alteration, and copying by potentially anyone on the Internet. You should exercise discretion with respect to the submission of any personal or financial

information via e-mail or via other features on the website, mobile app or Platform. If You are concerned about the security of Your communication, We encourage You to send Your correspondence through the postal service or use the telephone to speak directly to Us. We are not responsible for the security or confidentiality of communications You send to Us through the Internet using the website, the mobile app, Platform or messages.

We collect information that You send Us by phone, mail, e-mail, or other message systems. By communicating with Us, You permit Us to collect, archive, retrieve, and otherwise use any information collected consistent with these Terms and Conditions. We reserve the right to publish any communication that We deem to be a testimonial. We may also add You to mailing lists operated either by Us or by third-parties, for which You may “unsubscribe”.

We also collect information about You and Your usage of the website or mobile app from Your use of our services via automated data collection tools such as Cookies, Web Beacons, and other data collection tools specific to mobile devices. A Cookie is a message given to a Web browser by a Web server, in a text file. The message is then sent back to the server each time the browser requests a page from the server. Web Beacons are typically a transparent graphic image that is placed on a site to allow the site to record the simple actions of the user opening the page that contains the beacon. You can change Your Internet browser settings to disallow Cookies or to prompt You for Your permission before accepting Cookies. Refusing to allow Cookies may affect Your use of or the functionality of the website, mobile app or Platform. We may use the information We gather from You to facilitate the administration of our services, including user location via GPS, IP addresses, usage information including details about how you’ve used the Platform (e.g. if you clicked on links to third party applications), log data and device information, or otherwise, as well as to understand how our services are currently being used and to improve, enhance, or customize the provision of our services. We may also aggregate non-personally identifiable information and share it with third parties or publish it. Automatic data collection may be performed on Our behalf by (or provided to) Our service providers. While you may disable the usage of cookies through your browser settings, the Platform currently does not respond to a "Do Not Track" signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.

We may also collect information from third parties. For users in the United States, to the extent permitted by applicable laws, the Company may obtain reports from public records of criminal convictions or sex offender registrations. For users outside of the United States, as applicable, to the extent permitted by applicable laws and with your consent where required, the Company may obtain the local version of police, background or registered sex offender checks. We may use your information, including your full name and date of birth, to obtain such reports. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or fraud detection information, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the Platform through partnerships, or about your experiences and interactions from our partner ad networks or via third party services such as Google or Facebook, if you have chosen to link your third party services account to the Platform.

We use your information to help us provide, improve and develop the Platform, including to:


• Enable you to access and use the Platform.

• Enable you to communicate with other users.

• Operate, protect, improve, and optimize the Platform and experience, such as by performing analytics and conducting research.

• Provide customer service.


• Send you service or support messages, updates, security alerts, and account notifications.

• (If you provide us with your contacts’ information, we may process this information): (i) to facilitate your referral invitations, (ii) send your requests for references, (iii) for fraud detection and prevention, and (iv) for any purpose you authorize at the time of collection.

• To operate, protect, improve, and optimize the Platform and experience, and personalize and customize your experience (such as making Listing suggestions or ranking search results), we conduct profiling based on your interactions with the Platform, your search and booking history, your profile information and preferences, and other content you submit via the Platform.

• Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.

• Verify or authenticate information or identifications provided by you (such as to verify your address or compare your identification photo to another photo you provide).

• Resolve any disputes with any of our users and enforce our agreements with third parties.

• Enforce our Terms and Conditions and other policies.

• (With your consent) send you promotional messages, marketing, advertising, and other information that may be of interest to you based on your preferences (including information about the Company or partner campaigns and services) and social media advertising through social media platforms such as Facebook or Google).
• Personalize, measure, and improve our advertising.

• Administer referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by the Company or its third party partners.

• Conduct profiling on your characteristics and preferences (based on the information you provide to us, your interactions with the Platform, information obtained from third parties, and your search and booking history) to send you promotional messages, marketing, advertising and other information that we think may be of interest to you.

• Enable you to access and use the payment services.
• Detect and prevent fraud, abuse, security incidents, and other harmful activity.

• Conduct security investigations and risk assessments.

• Conduct checks against databases and other information sources, including background or police checks, to the extent permitted by applicable laws and with your consent where required.

• Comply with legal obligations (such as anti-money laundering regulations).

• Enforce Our payment terms and other payment policies.

• When a Client submits a booking request, certain information about you is shared with the Service Provider, including your full name, your cancellation history, and other information you agree to share. When your booking is confirmed, we will disclose additional information to assist with coordinating the Services, like your phone number.

• When you as a Service Provider have a confirmed booking, certain information is shared with the Client to coordinate the booking, such as your full name, phone number, and location of the Services address.

In connection with the activities above, we may conduct profiling based on your interactions with the Platform, your profile information and other content you submit to the Platform, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access to the Platform if such processes detect a user or activity that we think poses a safety or other risk to the Platform, other users, or third parties. We may review, scan, or analyze your communications on the Platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. For example, as part of our fraud prevention efforts, we scan and analyze messages to mask contact information and references to other websites. In some cases, we may also scan, review, or analyze messages to debug, improve, and expand product or service offerings. We use automated methods where reasonably possible. However, occasionally we may need to manually review some communications, such as for fraud investigations and customer support, or to assess and improve the functionality of these automated tools. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
We process this information given our legitimate interest in protecting the Platform, to measure the adequate performance of our contract with you, to offer you products or services that may be of your interest, and to comply with applicable laws. You can opt-out of receiving marketing communications from us by following the unsubscribe instructions included in our marketing communications or changing your notification settings within your account settings.
We don’t share your billing and payout information with other users.
The Platform lets you publish information, including personal information, that is visible to the general public. For example:


• Parts of your public profile page, such as your first name, your description, and city, are publicly visible to others.

• Listing pages are publicly visible and include information such as the Services approximate location (neighborhood and city) or precise location (where you have provided your consent), Listing description, calendar availability, your public profile photo, aggregated demand information (like page views over a period of time), and any additional information you choose to share.

• After completing a booking, Clients and Service Providers may write reviews and rate each other. Reviews and ratings may be a part of your public profile page and may also be surfaced elsewhere on the Platform.

• If you submit content in a community or discussion forum, blog or social media post, or use a similar feature on the Platform, that content may be publicly visible.

Based on our legitimate interest to promote the Platform we may display parts of the Platform on sites operated by the Company’s business partners, using technologies such as widgets or APIs. If your listings are displayed on a partner’s site, information from your public profile page may also be displayed.

Information you share publicly on the Platform may be indexed through third party search engines. In some cases, you may opt-out of this feature in your Account settings. If you change your settings or your public-facing content, these search engines may not update their databases. We do not control the practices of third party search engines, and they may use caches containing your outdated information.

Service Providers may need to use third party services available through the Platform to assist with managing their Services or providing additional services requested by you. Service Providers may use features on the Platform to share information about the Client (like dates, names, phone numbers) with such third party service providers for the purposes of coordinating or providing other services.

Third-parties may host banners or pop-ups or hyperlinked advertising on the website. We do not control or monitor the content of third-party content. Through interacting with these and other features of the website, and depending on Your browser settings, information may be collected about You, or Cookies or other potentially malicious software may be placed on Your hard drive, for which We are not responsible. Your viewing history may also be tracked. You give permission to collect, archive, retrieve, and use any information collected for product or service design, product or service offers to You, and general commercial solicitation purposes by this website or by joint venture partners, affiliates, and marketing organizations. This site is not responsible should Your personal data be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause You harm. Although We may hire third-party vendors to provide specialized services such as customer support; email services; data processing; and special products or services that You have requested, these third-parties may only use this information in connection with these services and not for their own use. To the extent that You provide Your information in open forums, other users may also have access to Your information in a way that We do not monitor nor are responsible for.

If You provide Your credit card or other financial information, We will never disclose it to anyone except to the relevant financial transaction processors or law enforcement agencies. To the extent permitted by law, We may also disclose personal Information or other Information that We have collected about You when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever We believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of the Company or others. By providing that information, You expressly permit Us to use it in fraud investigation, for litigation, or for other lawful purposes.

As We develop Our business, We may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personal information, billing information, and other information collected by Us about You may be part of the transferred assets.

We operate the website and mobile app in compliance with the Children’s Online Privacy Protection Act. This website is not directed to children under the age of 13, nor do We permit registration by nor knowingly collect or use personally identifiable information from children under the age of 13 years.

The Company may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted against the Company, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms and Conditions or other agreements with users, or (v) to protect the rights, property or personal safety of the Company, its employees, its users, or third parties.

These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the Platform secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.

Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon Our property, users and the Platform. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

The Company uses a variety of third party service providers to help us provide services related to the Platform and the payment services. Service providers may be located inside or outside of the United States and European Economic Area ("EEA"). In particular, our service providers may be based in Europe, India, Asia Pacific and North and South America.

For example, service providers may help us: (i) verify your identity or authenticate your identification documents, (ii) check information against public databases, (iii) conduct background or police checks, fraud prevention, and risk assessment, (iv) perform product development, maintenance and debugging, (v) allow the provision of the Services through third party platforms and software tools (e.g. through the integration with our APIs), or (vi) provide customer service, advertising, or payments services. These providers have limited access to your information to perform these tasks on our behalf, and are contractually bound to protect and to use it only for the purposes for which it was disclosed and consistent with this Privacy Policy.

To enable or support us in providing the Platform, we may share your information, including personal information, within our corporate family of companies (both financial and non- financial entities) that are related by common ownership or control. Additionally, we share your information, including personal information, with our corporate affiliates in order to support and integrate, promote, and to improve the Platform and our affiliates’ services.

Where permissible according to applicable law we may use certain limited personal information about you, such as your email address, to hash it and to share it with social media platforms, such as Facebook or Google, to generate leads, drive traffic to our websites or otherwise promote our products and services or the Platform. These processing activities are based on our legitimate interest in undertaking marketing activities to offer you products or services that may be of interest to you.

The social media platforms with which we may share your personal data are not controlled or supervised by the Company. Therefore, any questions regarding how your social media platform service provider processes your personal data should be directed to such provider. You may link your Company account with your account at a third party social networking service. Your contacts on these third party services are referred to as "Friends." When you create this link:


• some of the information you provide to us from the linking of your accounts may be published on your account profile;

• your activities on the Platform may be displayed to your Friends on the Platform and/or that third party site;

• a link to your public profile on that third party social networking service may be included in your Platform public profile;

• other users may be able to see any common Friends that you may have with them, or that you are a Friend of their Friend if applicable;

• other users may be able to see any schools, hometowns or other groups you have in common with them as listed on your linked social networking service;

• the information you provide to us from the linking of your accounts may be stored, processed and transmitted for fraud prevention and risk assessment purposes; and

• the publication and display of information that you provide to Us through this linkage is subject to your settings and authorizations on the Platform and the third party site.

We only collect your information from linked third party accounts to the extent necessary to ensure the adequate performance of our contract with you, or to ensure that we comply with applicable laws, or with your consent.
Please note that you may, at any time ask the Company to cease processing your data for these direct marketing purposes.
The Platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). The Company doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Us, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit. You may access and update some of your information through your account settings. If you have chosen to connect your account to a third-party application, like Facebook or Google, you can change your settings and remove permission for the app by changing your account settings. You are responsible for keeping your personal information up-to-date.
You have the right to ask us to correct inaccurate or incomplete personal information concerning you (and which you cannot update yourself within your account).
In some jurisdictions, applicable law may entitle you to request copies of your personal information held by us or to have that information destroyed. You may also be entitled to request copies of personal information that you have provided to us in a structured, commonly used, and machine-readable format and/or request us to transmit this information to another service provider (where technically feasible).
We generally retain your personal information for as long as is necessary for the performance of the contract between you and us and to comply with our legal obligations. If you no longer want us to use your information to provide the Platform to you, you can request that we erase your personal information and close your account. Please note that if you request the erasure of your personal information:

• We may retain some of your personal information as provided by law and as necessary for our legitimate business interests, such as fraud detection and prevention and enhancing safety. For example, if we suspend an account for fraud or safety reasons, we may retain certain information from that account to prevent that user from opening a new account in the future.

• We may retain and use your personal information to the extent necessary to comply with our legal obligations. For example, we may keep some of your information for tax, legal reporting and auditing obligations.

• Information you have shared with others (e.g., reviews, forum postings) may continue to be publicly visible on the Platform, even after your account is cancelled. However, attribution of such information to you will be removed. Additionally, some copies of your information (e.g., log records) may remain in our database, but are disassociated from personal identifiers.

• Because we maintain the Platform to protect from accidental or malicious loss and destruction, residual copies of your personal information may not be removed from our backup systems for a limited period of time.

Where you have provided your consent to the processing of your personal information by the Company you may withdraw your consent at any time by changing your account settings or by sending a communication to the Company specifying which consent you are withdrawing. Please note that the withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your personal information, in particular where (i) you contest the accuracy of your personal information; (ii) the processing is unlawful and you oppose the erasure of your personal information; or (iii) we no longer need your personal information for the purposes of the processing, but you require the information for the establishment, exercise or defense of legal claims.

In some jurisdictions, applicable law may entitle you to require the Company not to process your personal information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, the Company will no longer process your personal information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims.

Where your personal information is processed for direct marketing purposes, you may, at any time ask Us to cease processing your data for these direct marketing purposes by sending an e- mail or adjusting your account settings.

Depending on your jurisdiction, You have the right to lodge complaints about the data processing activities carried out by the Company before the competent data protection authorities.

To facilitate our operations, the Company may transfer, store, and process your information within our family of companies or with service providers based in Europe, India, Asia Pacific and North and South America. Laws in these countries may differ from the laws applicable to your Country of Residence. For example, information collected within the United States may be transferred, stored, and processed outside of the United States for the purposes described in this Privacy Policy. Where we transfer store, and process your personal information outside of the United States we have ensured that appropriate safeguards are in place to ensure an adequate level of data protection.

The Company may comply with the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union and Switzerland to the United States, respectively. The Company may certify to the Department of Commerce that it adheres to the Privacy Shield Principles. In such case, if there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, as applicable, please visit https://www.privacyshield.gov/. If we have received your personal information under the Privacy Shield and subsequently transfer it to a third party service provider for processing as described in this Privacy Policy, we will remain responsible if these providers process your personal information in a manner inconsistent with the Privacy Shield Principles, except where we can establish that the Company was not responsible for the violation.
California & Vermont Residents. The Company will not share information it collects about you with its affiliates or third parties (both financial and non-financial), except as required or permitted by your state’s law.

California law permits users who are California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the "Contact" section for where to send such requests. The Company will not share personal information with third ßparties for their own direct marketing purposes without your prior consent. Accordingly, you can prevent disclosure of your personal information to third parties for their direct marketing purposes by withholding consent.
This Privacy Policy is dynamic and will continually change. Only changes that We deem in Our sole discretion to be drastic will be noticed either by e-mail or posted on the website. Minor changes must and should be viewed at this page upon each visit to the site. Your continued use of this site evidences Your acceptance of the terms this Privacy Policy and any modifications.
You can review, correct, or change the information collected during registration by accessing Your profile on this website or by calling Our main office at the phone number listed on the Contact page of this website. You may change information at any time and as often as necessary. Users who are experiencing problems with Our services or who have questions about how Our services work can call Our main office or use the “contact us” page on this site to send Us an e-mail.


Feedback

We welcome any comments or suggestions You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback that You provide Us, including allowing Us the appropriate intellectual property rights to do so, including granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to any and all intellectual property rights that You may own or control to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose. You hereby waive all moral rights in any such information or content. We are not responsible for the accuracy of any information, feedback, or content made on the website, mobile app or Platform by third parties.

Service Providers and Clients understand and acknowledge that all feedback provided via the Platform is subject to use in ratings and reviews of the applicable Service Provider and may affect a Service Provider’s rating or evaluation on the Platform. Further, any and all feedback, ratings, reviews or other content shared by a Client or Service Provider on the Platform are not subject to removal or editing without the Company’s approval, which may withheld in the Company’s sole discretion.


Links To and From this Website

You may not create a link to any page of this website without our prior written consent. You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the website, mobile app, Platform or associated with our services in any text, layout, or design of any website or app without Our express written consent. We do not monitor or review the content of other party’s websites which are linked to or from this website. A link from Our website or mobile app to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party websites. The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this website.


Intellectual Property

You acknowledge that the website, app and Platform are protected by copyright, trademark, trade secret and other laws of the United States. Except as expressly authorized herein, You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the website, mobile app, the Platform and any and all content produced by Us or Our users in any manner (including electronic, print or other media now known or hereafter developed) without Our written consent. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying any of Our products, services or in any of Our content.

You grant Us a non-exclusive, irrevocable license throughout the world to use any content You provide via the Platform without attribution. You hereby waive any moral rights or rights to publicity You may have to such content.

You have a non-exclusive, revocable license to access any of Our content for Your personal use, including this website and app, on the express condition that You comply with the terms of these Terms and Conditions.


Prohibitions

You may not access, tamper with, or otherwise interfere with the non-public areas of this website, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third party affiliates. You may not attempt to collect, from this website, the mobile app, or through using Our services, or use any personally identifiable information from any other user without the user’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the website, the mobile app, Platform or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect Our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the website or the mobile app, including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the website, app, Platform or any of Our technology, including any software or Java applets associated with the website or mobile app. You may not use a third party’s account or registration to access the website or mobile app. You may not deep-link to the website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, datamine, or monitor or similarly glean or extract any portion of the website or mobile app or any Company-owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the website, mobile app, or our services.


International Use

Neither We nor our affiliates make any representation that this website, mobile app or the Platform or content appearing on this website, mobile app or the Platform is appropriate or available for use in locations outside the United States. Those who choose to access this website, mobile app or the Platform from other locations are responsible for compliance with any applicable local laws and other applicable laws or regulations regarding the transmission of technical data exported from the United States to the country in which You reside.


Complaint Procedures

Report: If a user submits a complaint, an authorized representative of the Company shall prepare a written report, presenting the facts and information in a clear, objective manner, including the following:

· Summarizing the facts in a chronological order.

· Detailing the precise claims of the complainant.

· Expressing the resolution desired by the complainant.

· Indicating the Company's response to the claims of the complainant.

The report should include the recommended course of action or corrective procedures and comments on whether the complaint represents an isolated case or a pattern or practice that needs to be corrected. Complaint Processing: Unless otherwise agreed, the Company shall abide by the following in responding to user complaints:

· Complaints are to be acknowledged within 15 days after receipt of the correspondence, oral, telephonic, or electronic notification of a complaint.

· To the extent in the control of the Company, and as authorized by Company counsel, inquiries, comments, or objections shall be answered or information provided within 15 business days after receipt.

· If the Company’s investigation is not complete within the above time limit, the Company will notify the user of its findings to date and specify a date when the Company expects to complete its investigation.

The Company is committed to making the process of submitting any dispute or complaint easy for the user. The Company has a dedicated Contact Us page on the website which includes all the phone numbers and email addresses to promptly reach any department or management authority. The Company also has a dedicated webpage for disputes.


Legal Disputes

These Terms and Conditions shall be governed by the laws of the State of California. The parties agree that any dispute, claim, or controversy concerning these Terms and Conditions or the termination of these Terms and Conditions, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of these Terms and Conditions, shall be settled by arbitration to be held in Los Angeles County, California in accordance with the rules then in effect of the American Arbitration Association. There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jurytrial in connection with any action or litigation in any way arising out of or related to these Terms and Conditions.

Except as otherwise specified in these Terms and Conditions, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii)the fifth business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by e-mail (provided e- mail shall not be sufficient for notices of termination or regarding an indemnifiable claim).


Termination

We may terminate Your access to and use of any of Our content or services, at Our sole discretion, at any time and without notice to You, in which case any and all rights granted to You herein will immediately automatically terminate.


Electronic Signature

You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.


Copyright Notice

The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions. This website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms and Conditions. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the licenses and rights expressly granted in these Terms and Conditions.

© 2019 iTrayne LLC