Terms of Use / User Agreement

 

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These Terms of Use, together with the privacy policy available at Fresh One Services ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 18

This Agreement constitutes a legal agreement between you ("you" or "User") and Fresh One Services ("Fresh One Services" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at FreshOneServices.com, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Fresh One Services platform".

By accessing, using or registering with the Fresh One Services or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Fresh One Services Platform. Fresh One Services acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the Fresh One Services, you represent and warrant that: (i) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where 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.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

  • Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 18).

  • Your agreement that no claims can be adjudicated on a class basis (Section 18).

  • Your agreement that the Fresh One Services Platform is provided "as is" and without warranty (Section 15).

  • Your agreement that the Fresh One Services Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Fresh One Services has no liability for any Professional Services or any acts or omissions of third parties (Sections 1 and 15), with the exception of Fresh One Services Happiness Guarantee (Section 3(d)).

  • Your agreement that Fresh One Services Happiness Guarantee is limited to Payments paid by Requesters through the Fresh One Services platform (Section 3(d)).

  • Your acknowledgment of and agreement to pay Fresh One Services Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the Fresh One Services Platform (Section 3(e)).

  • Your acknowledgment of and agreement to Fresh One Services cancellation policies and cancellation fees (Section 4).

  • Your acknowledgment of and agreement to Fresh One Services cancellation policies and cancellation fees for a Cleaning Plan with a Minimum Commitment (Section 4(d))

  • Your agreement to release Fresh One Services y from liability based on claims relating to Professional Services and otherwise (Section 15) and your agreement to the limitation of time within which a claim can be brought (Section 20).

  • Your agreement to indemnify Fresh One Services from claims due to your use, misuse or inability to use the Fresh One Services y Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the Fresh One Services Platform (Section 16).

  • Your consent to any modifications or amendments to this Agreement (Section 21).

  • Your consent to the collection, use, sharing, and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1. Fresh One Services Platform is Solely a Venue for Communications; Background Checks.

a. The Fresh One Services Platform is Solely a Venue for Communications. The Fresh One Services Platform is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include the delivery and/or assembly of furniture and/or other items (“Merchandise”), but shall not be deemed to include the Merchandise itself. Fresh One Services does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the Fresh One Services Platform. Fresh One Services, THROUGH THE Fresh One Services Y PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, Fresh One ServicesMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY