Welcome to YardServiceOnDemand.com! We are committed to helping you find high quality local providers for all of your landscaping & yard care needs – featuring low prices on demand service. It’s very important that you read this document carefully – it’s a legally binding Agreement, and we firmly believe that you should know exactly what you’re agreeing to when you use our Website, Mobile App, and Yard Services (defined below).
By downloading the App or using the Yard Services, you agree to be bound by the terms of this Agreement. If you do not agree to this Agreement, you may not use the App or access or use the Yard Services. YSOD also may, at its sole discretion, and at any time, discontinue providing the App or Yard Services, or any part thereof, with or without notice. You acknowledge and agree that YSOD may prevent your access to the Yard Services, including its native content and any user-provided content. Further, you agree that YSOD shall not be liable to you or any third-party for any termination of access to the Yard Services.
YSOD’s collection and use of personal information in connection with the Yard Services is described in YSOD’s Privacy Statements. By signing this Agreement you indicate that you have read, understood and agree to the Privacy Statement.
2. Arbitration Agreement
By agreeing to the Agreement, you agree that you are required to resolve any claim that you may have against YSOD on an individual basis in arbitration, as outlined in this Arbitration Agreement. This will preclude you from bringing any class, collective, or representative action against YSOD, and also preclude you from participating in or recovering relief under any current or future class, collective, consolidated, or representative action brought against YSOD by someone else. You may opt-out of this provision only as indicated below.
Pre-Arbitration Claim Resolution
For all claims, whether pursued in court or arbitration, you must first allow YSOD an opportunity to resolve the dispute. You must commence this process by emailing or mailing written notification to email@example.com, Yard Services on Demand Inc. c/o CSC, 251 Little Falls Drive Wilmington, Delaware 19808-1674 USA. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If YSOD does not resolve the claim within 30 days after it receives your written notification, you may pursue your claim in arbitration.
Agreement to Binding Arbitration Between You and YSOD.
You and YSOD agree that any dispute, claim, or controversy arising out of or relating to (a) this Agreement or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Yard Services at any time, whether before or after the date you agreed to the Agreement, that is not resolved with Pre-Arbitration Claim Resolution, will be settled by binding arbitration between you and YSOD, and not in a court of law.
You acknowledge and agree that you and YSOD are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Unless both you and YSOD otherwise agree in writing, any arbitration will be conducted only on an individual basis and not in a class, collective, consolidated, or representative proceeding.
Rules and Governing Law.
The arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect. The AAA Rules are available at www.adr.org.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. See Notice provisions of this Agreement for what constitutes proper notice. Unless you and YSOD otherwise agree, the arbitration will be conducted in the State of Arizona. Parties may appear remotely or by telephone if the Arbitrator permits it.
The Arbitrator will render an award within the time frame specified in the AAA Rules. Judgment on the arbitration award may be entered in any court having competent jurisdiction to do so. The Arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. An Arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. The party that prevails in the Arbitration may be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
You may choose to opt-out of this Arbitration Provision but only by following the process set forth below. If you do not wish to be subject to this Arbitration Provision, then you (both or all of you if, if more than one) must send YSOD an Opt-Out Notice within thirty (30) calendar days of the date of this Agreement at the following address: Yard Services On Demand, Inc. c/o CSC, 251 Little Falls Drive Wilmington, Delaware 19808-1674 USA. or electronic mail at firstname.lastname@example.org. Your Opt-Out Notice must include (1) your name, (2) address, (3) date of birth, (4) account user name, (5) the date of this Agreement, and (6) a statement that you wish to opt-out of the Arbitration Provision. Indicating your desire to opt-out of this Arbitration Provision in any manner other than as provided above is insufficient notice. The effective date of this Agreement shall be the date you first use our App or the Yard Services, or create an account, whichever comes earlier. Your decision to opt-out of this Arbitration Provision will not affect your other rights or responsibilities under this Agreement and applies only to this Arbitration Provision and not to any prior or subsequent Arbitration Provision between you and YSOD.
3. The Yard Services
YSOD’s mobile App allows you to arrange and schedule yard work, landscaping, minor repairs (those not requiring a contractor’s license to perform), and similar services, with yard care providers of such services and goods under agreement with YSOD (“Yard Care Providers”). The Yard Services include an option to enter your lawn care or yard care needs into the YSOD mobile App and after answering a few questions posed on the App, receive a fixed price for the Yard Services, subject to acceptance by a Yard Care Provider. The Yard Services are made available solely for personal, noncommercial use. YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN YARD WORK SERVICES THROUGH THE USE OF THE APP DOES NOT ESTABLISH YSOD AS A PROVIDER OF SAID YARD WORK SERVICES, CONTRACTOR, OR AS A LANDSCAPING COMPANY.
You will not use the App to do any of the following: (1) use the App for anything other than to obtain and use the Yard Services as described herein; (2) harass, burden, or damage YSOD, any third party or Yard Care Provider; (3) solicit any users or Yard Care Providers for any unrelated products or service; (4) take any action to circumvent payment through the App; (5) attempt to reverse engineer the App or otherwise collect or compile user or Yard Care Provider data.
4. Access and Use of the Yard Services
You must register for and maintain an active personal user account (“Account”) to use the App and the Yard Services. You must be at least 18 years of age to obtain an Account. Account registration requires you to submit to YSOD certain personal information, such as your name, address, mobile phone number and age, as well as a valid payment method. You agree to maintain accurate, complete, and up-to-date information in your Account. You are responsible for protecting access to your account by maintaining the secrecy of your password.
User Requirements and Conduct.
Currently, YSOD is only offering its Yard Services in the State of Arizona. Accordingly, by using the Yard Services you agree that the Yard Services will be performed solely in the State of Arizona. No offer or solicitation is being made to perform the Yard Services in any other State or nation. If YSOD discovers your account violates these terms, it may be deleted without any further notice to you.
Additionally, the Yard Service is not available for use by anyone under the age of 18. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when accessing or using the App or Yard Services.
YSOD may, in YSOD’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to YSOD through the Yard Services textual and/or visual content and information, including reviews related to the Yard Services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to YSOD, you grant YSOD a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Yard Services and YSOD’s business and on third-party sites and services), without further notice to or t from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that you have the authority and necessary permissions to grant YSOD the license to the User Content as set forth above; and that none of your User Content, infringes on any third party’s intellectual property.
You agree to not upload inappropriate User Content, including but not limited to, hate speech, violent, defamatory, pornographic, reviews for Yard Care Providers you haven’t interacted with, racist, or otherwise offensive, as determined by YSOD in its sole discretion. YSOD may, but shall not be obligated to, review, monitor, or remove User Content, at YSOD’s sole discretion and at any time and for any reason, without notice to you.
5. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” YSOD DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YSOD MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES. YSOD DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF YARD CARE PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY.
YSOD SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF YSOD, EVEN IF YSOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YSOD SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY YARD CARE PROVIDER, EVEN IF YSOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YSOD SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND YSOD’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT YARD CARE PROVIDERS PROVIDING YARD CARE AND LANDSCAPING SERVICES REQUESTED THROUGH YSOD MAY NOT BE PROFESSIONALLY LICENSED, INSURED OR PERMITTED.
THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE YARD CARE AND LANDSCAPING SERVICES WITH YARD CARE PROVIDERS, BUT YOU AGREE THAT YSOD HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY YARD CARE AND LANDSCAPING SERVICES PROVIDED TO YOU BY YARD CARE PROVIDERS.
You agree to indemnify and hold YSOD and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Yard Services or services or goods obtained through your use of the Yard Services; (ii) your breach or violation of any of this Agreement; (iii) YSOD’s use of your User Content; or (iv) your violation of the rights of any third party, including Yard Care Providers.
You understand that use of the Yard Services may result in Fees to you for the services or goods you receive (“Fees”). YSOD will receive and/or enable your payment of the applicable Fees for the Yard Services.
All Fees and payments will be processed by YSOD using the payment method designated in your account. Fees paid by you are final and non-refundable, unless otherwise determined by YSOD.
Further, you acknowledge and agree that Fees may increase or decrease depending on factors such as user demand, job site location, date, time, and availability of Yard Care Providers. You also acknowledge and agree that the Fees will be based, in part, on information provided by you such as square footage, yard vegetation, and services desired. If the information you provide is in any way inaccurate or incomplete, you acknowledge and agree that upon notification from the Yard Care Provider of an updated estimate, YSOD will revise the Fees or charge you a cancellation fee if you do not accept the revised charge. YSOD will use reasonable efforts to inform you of Fees that may apply, provided that you will be responsible for Fees incurred under your Account regardless of your awareness of such Fees or the amounts thereof.
You may cancel your request for Yard Services at any time at no cost before the Yard Services are accepted by a Yard Care Provider. You may also cancel your request for Yard Services after the Yard Services are accepted by a Yard Care Provider but before the commencement of Yard Services, however, you may be charged a cancellation fee on a Yard Care Provider’s behalf.
YSOD will collect payment of the Fees from you, on the Yard Care Provider’s behalf, and payment of the Fees shall be considered the same as a payment made directly by you to the Yard Care Provider. Do not pay Yard Care Providers directly. If the Yard Care Provider has additional unexpected fees, they will revise the estimate through the App. Any request for payment outside the App should be reported to YSOD at email@example.com YSOD will not credit, refund, or return any payments to you if they were made outside the App.
If you feel your Fees were unfair or the Yard Services performed were substandard, you retain the right to request a refund or lower Fees by directing the request to YSOD. YSOD will respond and process a full or partial refund if it determines in its sole discretion that a refund or credit is appropriate.
YSOD does not designate any portion of your Fee as a tip or gratuity to a Yard Care Provider. Gratuities are voluntary and cannot be refunded.
7. Other Provisions
Choice of Law.
This Agreement is governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement above or in supplemental terms applicable to your region.
YSOD may give notice as may be required under this Agreement by electronic mail to your email address in your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first-class mail or pre-paid post to any address connected with your Account. You may give notice to YSOD, with such notice deemed given when received by YSOD, at any time by first class mail or pre-paid post to our registered agent for service of process, Yard Yard Services On Demand, Inc. c/o CSC, 251 Little Falls Drive Wilmington, Delaware 19808-1674 USA. or electronic mail at firstname.lastname@example.org.