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Allsup Privacy Policy

Effective: December 15th, 2015

Updated: June 3rd, 2024

1. Introduction

 

This Privacy Policy (“Privacy Policy”) describes how Allsup, LLC. and its affiliates will gather, use, and maintain your Personal Information on the Allsup Platform. It will also explain your legal rights with respect to that information.

By using the Allsup Platform, you confirm that you have read and understand this Privacy Policy, and our Terms of Service (together referred to herein as the “Agreement”). The Agreement governs the use of the Allsup Platform. Allsup will collect, use, and maintain information consistent with the Agreement.

If you are a California resident or data subject in Europe, please see the “Additional Disclosures for California Residents” and “Additional Disclosures for Data Subjects in the European Economic Area (EEA), Switzerland, and the UK” sections, respectively. If you have any questions or wish to exercise your rights and choices, please get in touch with us as set out in the “Contact Us” section below.

2. General Terms

 

In this Privacy Policy:

  • Allsup, LLC. may be referred to as "The Allsup Company," "Allsup," “we,” “our,” or “us.”

  • We call a user of the Allsup Platform “User,” “Users,” “you,” “your,” or “Client” and “HandyFriend,” as appropriate.

  • The community platform that we offer at our website (www.allsupcompany.com and local variants, including www.allsupcompany.co.uk, www.allsupcompany.ca, and www.allsupcompany.fr, www.allsupcompany.de, and www.allsupcompany.it) is referred to as the “Site(s).”

  • The mobile applications (whether on iOS or Android) are referred to as the “Apps.”

  • Allsup’s Sites, Apps, and related services, information, and communications are collectively referred to as the “Allsup Platform.”

  • “Terms of Service” refers to our Terms of Service, which can be found here. This Privacy Policy is incorporated into and considered a part of the Terms of Service.

3. Information Collection

​Information you provide to Allsup

Allsup collects certain personally identifiable information about you, including information that can identify, relate to, describe, be associated with you, or is reasonably capable of being associated with you (“Personal Information”). Examples of Personal Information that Allsup collects include but are not limited to:

Contact Information. This may include your first and last name, postal address, telephone number, and email address.

Billing Data, including your payment instrument number (such as a credit or debit card number), expiration date, and security code as necessary to process your payments.

Identity Information. If you are a HandyFriend, we may collect Personal Information, such as your date of birth and address, national identification number if applicable, together with the result of basic criminal record checks as provided by you or by our Third-Party Agents (as defined below), as applicable and to the extent permitted by law in your jurisdiction, as well as such information as may be needed to validate your identity.

Financial Information. To help HandyFriends set up a payment account and help Clients make payments to HandyFriends and pay fees to Allsup, we may collect financial information, including credit card numbers, bank routing numbers, tax information, taxpayer identification numbers, and other payment information, as applicable. We use Financial Information in order to operate the Allsup Platform and to ensure that HandyFriends are paid by Clients. We do this as necessary for our legitimate interests in providing our platform and services and to fulfill our contracts with Users. To keep your financial data secure, we have contracted with a third party to maintain and process your payment information.

Promotional Information. Certain offerings of the Allsup Platform, such as newsletters, surveys, contests, and the like, are optional, so you are not required to enter them or to give us your data in connection with them. Where you do consent to take advantage of Allsup Platform offerings, we will use your data to (as applicable) send you newsletters and other communications that are tailored based on information we have about you, or to operate and manage the survey, contest, or similar offering in connection with our legitimate interest in promoting our business and the Allsup Platform. To opt-out of receiving marketing communications from us, please see Section 7, Your Rights and Choices.

Employment Information. We collect employment and education history, transcripts, writing samples, and references as necessary to consider your job application for open positions.

Content Information. You also may choose to send Allsup Personal Information in an email or chat message containing inquiries about the Allsup Platform, and we use this information in order to help us respond to your inquiry. We also collect content within any messages you exchange with other Users through the Allsup Platform (such as through our chat functionality).

We require that you furnish certain information when you register an account with us in order to provide services through the Allsup Platform. For example, if you are a Client, we collect your first and last name, email address, and your zip or postal code in order to create and administer your Allsup account. We also collect additional information in order to facilitate your booking request, such as information about the project you are seeking, the time, date and location of the project, and Billing Data. If you are a HandyFriend, we collect your first and last name, email address, mobile phone number and zip or postal code in order to create and administer your Allsup account and facilitate communications between you and your Clients through the Allsup Platform. We also collect information about your projects, rates, and skills, as well as Identity Information and Financial Information.

Third Party Information. If you registered through a co-branded version of our Allsup Platform through one of our Partners (as defined below), they may provide us with basic information such as your name, address, email, and purchase history related to your Projects needs. We may receive additional information about you, such as demographic data, Financial Information, or fraud detection information, from Third-Party Agents (as defined below) and combine it with other information that we have about you, to the extent permitted by law, in order to comply with our legal obligations and for the legitimate interest in improving the Allsup Platform. Allsup may work with Third-Party Agents to perform identity checks and criminal background checks on HandyFriends, if applicable and permitted by local law, in order to advance our legitimate interests in ensuring the safety of our Users and maintaining the integrity of the Allsup Platform.

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4. Information Allsup Collects Automatically

We automatically collect certain information when you use the Allsup Platform. The categories of information we automatically collect and have collected, including in the last 12 months, are as follows:

Service Use Data, including data about features you use, pages you visit, emails and advertisements you view, portions of the Allsup Platform that you view and interact with, the time of day you browse, and your referring and exiting pages.

Device Data, including data about the type of device or browser you use, your device’s operating system, your internet service provider, your device’s regional and language settings, and device identifiers such as IP address and Ad Id. When you visit and interact with the Allsup Platform, Allsup may collect certain information automatically through cookies or other technologies, including, but not limited to, the type of computer or mobile device you use, your mobile device’s unique device ID, the IP address of your computer or mobile device, your operating system, the type(s) of internet browser(s) you use, and information about the way you use the Allsup Platform (“Device Information”). We may use Device Information to monitor the geographic regions from which Users navigate the Allsup Platform, and for security and fraud prevention purposes. Use of any IP-masking technologies or similar technologies (like the TOR network) may render portions of the Allsup Platform unavailable and are forbidden on the Allsup Platform.

Location Data, including imprecise location data (such as location derived from an IP address or data that indicates a city or postal code level), and, with your consent, precise location data (such as latitude/longitude data). When you visit the Allsup Platform via a native mobile application, we use, with your consent when required under applicable law, GPS technology (or other similar technology) to determine your current location in order to determine the city you are located in and display a relevant location map. We will not share your current location obtained in this manner with other Users.

Cookies and similar technologies are described in our Cookie Policy, which sets out the different categories of cookies and similar technologies that the Allsup Platform uses and why we use them.

5. Allsup's Use of Information

We collect and use information for business and commercial purposes in accordance with the practices described in this Privacy Policy. Our business purposes for collecting and using information include:

  • To operate and make available the Allsup Platform. We use your data to connect you with other Users to enable the posting of, selection for, completion of, and payment for Projects, in order to fulfill our contracts with Users;

  • For billing and fraud prevention, on the basis of our legitimate interests in ensuring a safe and secure environment in which Clients and HandyFriends can meet and conduct business, and in order to comply with our legal obligations;

  • To conduct identification and criminal background checks, if applicable and to the extent permitted by local law, on Users, in order to advance our legitimate interests as well as for the substantial public interest of ensuring the safety of our Users both online and offline, preventing or detecting unlawful acts, protecting the public against dishonesty, and maintaining the integrity of the Allsup Platform given that HandyFriends often interact directly with Clients and may enter their homes;

  • To analyze Allsup Platform usage as necessary for our legitimate interest in improving the Allsup Platform to grow our business;

  • To contact you and deliver (via email, SMS, push notifications, or otherwise) transactional information, administrative notices, marketing notifications, offers and communications relevant to your use of the Allsup Platform, with your consent when required under applicable law, as necessary for our legitimate interests in proper communication and engagement with our Users, and in promoting our business;

  • To provide you with customer support in order to fulfill our contracts with Users;

  • For internal market research for our legitimate interest in improving the Allsup Platform to grow our business;

  • For troubleshooting problems for our legitimate interests in ensuring a safe and secure environment in which Users can meet;

  • To assist Users in the resolution of complaints and disputes between them, as necessary for our legitimate interests in facilitating good relations among Users;

  • To enforce our Terms of Service and our legitimate interests in ensuring our Agreement is complied with; and

  • As otherwise set forth in the Agreement.

Interest-Based Advertising. Ads are a standard part of user experience on the Internet, and Allsup believes that targeted advertising enhances this experience. Allsup and affiliate third parties may use cookies and other technologies to place ads where they believe interested Users will see them. In addition to banner ads, Allsup may advertise products, services, companies and events that we think might interest you through the email address and/or phone number you provide. We may incorporate Tracking Technologies on the Allsup Platform (including our website and emails) as well as into our ads displayed on other websites and services. Some of these Tracking Technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you (“Interest-Based Advertising”).

For more information and to understand your choices regarding third-party ads, please see our Cookie Policy. Advertising and marketing is carried out as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Analytics and Market Analysis. Allsup may analyze information (“Market Analysis”) as necessary for our legitimate interests in providing an engaging and relevant experience, and promoting and growing the Allsup Platform.

Allsup uses information to offer services to Users who express an interest in these services, through a poll for example, or to Users who can be presumed to have an interest based on results from our Market Analysis. We do this as necessary for our legitimate interests in providing an engaging and relevant experience, promoting our services, and growing our business.

Cell Phone Numbers. Allsup may use your cell phone number to call or send recurring text messages to you, using an autodialer or prerecorded voice, in order to provide you notifications about Projects, for marketing purposes (with your consent where required by law), and to administer the Allsup Platform. If you would like more information about our policy, or how to opt out, please review the “Your Rights and Choices” section below or Section 9 of our Terms of Service. You may be liable for standard SMS and per-minute charges by your mobile carrier. Allsup may also message you via push notifications (with your consent when required under applicable law), which you can opt-out of on your mobile device. Data rates may apply.

Call recordings. Calls to or from Allsup or its Third Party Agents may be monitored and recorded for the purposes of quality control and training. Such calls may contain Personal Information.

6. Payments; Recurring Services and Recurring Charges; Allsup Company Happiness Guarantee; Claims; Dormant Account Service Charge.

a. Payments. Users of The Allsup Company Platform contract for Professional Services directly with other Users. The Allsup Company is not a party to any contracts for Professional Services. The Allsup Company Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule certain Professional Services, and make payments for certain Professional Services ("Payments"). Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they order through The Allsup Company Platform. Prior to the scheduled Professional Service, we will charge the Requester's credit card according to the amount the Requester has agreed to on The Allsup Company Platform with respect to those Professional Services and/or Merchandise the Requester has ordered and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(f) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's The Allsup Company account for such amounts. We will use third-party services to process credit card information. By accepting this Agreement, you are giving The Allsup Company (or a third-party payment processor on The Allsup Company's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe The Allsup Compan. Depending on the transaction you selected or services requested, The Allsup Company may charge you on a one-time or recurring basis. All information you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with The Allsup Company at the prices in effect when such charges are incurred. In our sole discretion, we retain the right to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, we will mark the Professional Service as closed if there is no complaint by the Requester. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying The Allsup Company. Requesters must notify The Allsup Company either by changing the date or hours of the requested Professional Service through The Allsup Company Platform or by visiting The Allsup Company Help Center at www.allsupcompany.com/help. Except for Professional Services requested through Home Improvement Referrals, all Payments by Requesters must be made through The Allsup Company Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of The Allsup Company are not subject to our Allsup Company Happiness Guarantee in Section 3(d). Except for The Allsup Company Happiness Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit cards and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on The Allsup Company income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to The Allsup Company or third parties, then The Allsup Company may withhold any payments to you for as long as we determine any related risks to The Allsup Company or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may, in our sole discretion, permanently withhold any payments to you.

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b. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.

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c. The Allsup Company Happiness Guarantee.

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i. The Allsup Company Happiness Guarantee provides certain limited additional protections for Professional Services. Pursuant to The Allsup Company Happiness Guarantee and subject to the below exclusions and the terms and conditions and limitations herein, The Allsup Company will compensate Requesters the lowest amount of: (a) subject to the exclusions below, up to USD $2,500 per occurrence for losses arising from property damage as a direct result of the negligence of a Professional during the performance of a Professional Service or (b) up to USD $1,000 for losses arising from damage to floors and items containing granite, marble or any other stonework as a direct result of the negligence of a Professional during the performance of a Professional Service the amount shall be limited to up to USD $1,000; or (c) up to USD $2,500, in the aggregate, for losses arising from the theft of a Requester's property by a Professional during the performance of a Professional Service. The Service Requester is eligible for The Allsup Company Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting The Allsup Company Help Center at www.allsupcompany.com/help. If the Service Requester does not report the issue within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for The Allsup Company Happiness Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.

ii. If you carry insurance that would cover you in the event of a claim, such as renter's insurance, homeowner's insurance, automobile insurance, or an umbrella policy ("Personal Insurance"), You agree that your Personal Insurance is primary and The Allsup Company Happiness Guarantee is secondary. The Allsup Company Happiness Guarantee will only compensate for losses to the extent not otherwise covered by your Personal Insurance and only as permitted herein.

iii. A Requester will be covered under The Allsup Company Happiness Guarantee for a Professional Service, subject to the exclusions in subsection (v) below, provided:

• The Professional Service is agreed to between a Requester and a Professional using The Allsup Company Platform, performed by the Professional hired by the Requester and paid for in full through The Allsup Company Platform;

• The Requester has not violated this Agreement;

• The Requester has reported the claim within 72 hours of the Professional Service;

• The Requester's Allsup account is in good standing with no outstanding balances owed to The Allsup Company;

• The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and

 

• The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.

iv. What is excluded from The Allsup Company Happiness Guarantee? "The Allsup Company Happiness Guarantee" does not cover the following:

 

• Professional Services that are requested through Home Improvement Referrals;

 

• Any Professional Service that is not booked and paid for directly on The Allsup Company Platform;

 

• Merchandise;

 

• losses arising out of acts of nature, including, but not limited to, pollution, earthquakes, and weather-related events such as hurricanes and tornadoes;

 

• losses arising out of interruption of business, loss of market, loss of income, and/or loss of use;

 

• losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;

 

• losses arising from the acts or omissions of a Requester or third party;

 

• losses arising from the negligence or misconduct of a third party;

 

• losses arising from a manufacturer's or a product's defects;

 

• losses from pre-existing damages or conditions of the item or property;

• losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);

 

• losses arising from flooding and/or water damage, including mold, fungi, or bacteria;

 

• losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;

 

• losses of cash, third-party gift cards, and securities;

 

• losses as a result of an intentional wrongful act by a Professional;

 

• losses arising from normal wear and tear;

 

• losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear, and tear, a t.v. that has a scratch on the bezel);

 

• losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;

 

• losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);

 

• loss of use damages, including without limitation, loss of use such as property, furniture, and the costs of any storage, movement, and insurance of furniture in connection with loss of use;

 

• losses excluded pursuant to Section 17 of the Agreement;

 

• losses based on sentimental and/or undocumented intangible value;

 

• losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
losses related to repairs outside of the area where the Professional Services were performed;

 

• losses of pets, personal liability, or damage to shared or common areas;

 

• losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;

 

• losses of theft without a valid police report, if requested by The Allsup Company; and losses with insufficient documentation; and

 

• losses occurring after, or unrelated to, the performance of a Professional Service;

 

• losses involving products or services, or uses of either, that are prohibited by law;

 

• losses due to unforeseeable or latent defects in the premises;

 

• losses related to services not explicitly booked through The Allsup Company Platform; and

 

• losses reported by third parties

 

v. How do I submit a Claim?
First, a claim report must be made within 72 hours from when the Professional Service occurs. After the first report, you will be asked to complete the full claim form within seven days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for The Allsup Company Happiness Guarantee. We urge you to read through these terms and conditions before submitting a claim. All claims will be reviewed on a case-by-case basis. During The Allsup Company claims assessment process, you may be required to provide written detailed: (1) proof of ownership of the damaged/missing item; (2) proof of the value of the damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send The Allsup Company the requested information. If you fail to provide the requested information within the 30 days and/or fail to contact The Allsup Company to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Allsup Company Happiness Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow The Allsup Company or its insurers access to inspect and make copies, photographs, and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Allsup Company resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under The Allsup Company Happiness Guarantee, You will be required to execute and deliver to The Allsup Company the release agreement within 14 days of receipt of the release agreement from The Allsup Company, and assign to The Allsup Company or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to The Allsup Company within 14 days of Your receipt, and the claim shall no longer be eligible for The Allsup Company Happiness Guarantee.

d. The Allsup Company Services Refund Policy.
i. If you decide that you do not want the Service before your merchandise has been unpacked or opened, the Merchandise is broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit into your home or your building refuses entry, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that The Allsup Company shall not refund the cost of the Professional Services. The Allsup Company shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third-party manufacturer or distributor, as applicable, of the Merchandise.

 

ii. If any Merchandise is broken only in the course of performing the Professional Services, The Allsup Company will remove and replace the broken Merchandise (or, where applicable, the broken component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that The Allsup Company shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as outlined in 3(c) above).

 

e. Trust and Support Fee The Allsup Company may assess an additional "Trust and Support Fee" to support The Allsup Company Platform, including costs related to background checks, insurance, customer support, and related services provided to you by The Allsup Company Platform. The Trust and Support Fee will be applied to each Professional Service appointment requested through The Allsup Company (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by The Allsup Company in its entirety.

 

f. ProFinder. Upon entering your information and the request for which you would like a Professional, we will attempt to match you with up to four Professionals in your area who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Professional or that there are Professionals in your area that are either capable or willing to complete your service needs.

 

ii. Instant Connect. Professional by phone immediately. If you request, we will search for a Professional and connect you with them by phone.

 

iii. For the Professionals that provide Professional Services that are requested through Home Improvement Referrals, we make no guarantees, warranties, or representations regarding the skills or undertakings of such Professional or the quality of the job that he or she may perform for you if you elect to retain their services. We do not endorse or recommend the services of any particular Professional. It is entirely up to you to evaluate the Professional and the Professional's qualifications and enter into a direct contract or otherwise reach an agreement with a Professional. We do not guarantee or warrant any Professional's performance on the job or the outcome or quality of the services performed. The Professionals are not employees or agents of The Allsup Company, nor is The Allsup Company, an agent of the Professionals.

 

iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services that are requested through Home Improvement Referrals. Such offers or discounts are made solely by the Professional, and we do not guarantee or warrant the pricing or discounts that a Professional may offer you. Any quotes provided by Professionals for Professional Services that are requested through Home Improvement Referrals are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via us. No contractual arrangement is created based upon the quotes provided to you from Professionals (or your scheduling of an appointment with a Professional) via us for Professional Services that are requested through Home Improvement Referrals. To contract with a professional, you must work directly with the Professional. We do not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Professionals are governed by the terms of such contracts and by applicable federal, state, provincial, and local laws. We are not a party to such agreements. All payments and applicable taxes must be made to the Professional in accordance with the agreements.

 

g. Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. The activity would include applying any portion of a credit balance to pay for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please visit The Allsup Company Help Center at www.allsupcompany.com/help.


4. Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Membership with Automatic Renewal; Survival.

 

a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.

 

b. Termination by The Allsup Company. We may terminate this Agreement or terminate or suspend your right to use The Allsup Company Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on The Allsup Company Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use The Allsup Company Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation. When terminating your account, The Allsup Company may delete the account and all its information. You have no ownership rights to your account.

 

c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use The Allsup Company Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on The Allsup Company Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by The Allsup Company.

 

d. Policy for Service Cancellation by Professional. Except for Professional Services that are requested through Home Improvement Referrals, when a Professional cancels a scheduled Professional Service appointment, The Allsup Company Platform generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, The Allsup Company cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Except for Professional Services that are requested through Home Improvement Referrals, Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.

 

5. Links to and Plug-Ins from Other Websites or Media. Links (such as hyperlinks) from The Allsup Company Platform to plug-ins from sites or applications owned, operated, or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by The Allsup Company of the Third Party Sites or their content. Such links and plug-ins are provided as an information service for reference and convenience only. The Allsup Company does not control any Third Party Sites and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD-PARTY SITES AT YOUR OWN RISK. THE ALLSUP COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD-PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE ALLSUP COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

 

6. Submission Areas. The Allsup Company Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities, and/or other message or communication facilities that allow Users to communicate with other Users and with The Allsup Company (collectively, "Submission Areas"). Some areas in the Submission Areas within The Allsup Company Platform will be public, and The Allsup Company will not be responsible for any information or materials posted in such public areas. The Allsup Company may, in its discretion, publicly post submissions you submit to a non-public area of The Allsup Company Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of The Allsup Company Platform, including, without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of The Allsup Company Platform) below and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on The Allsup Company Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as The Allsup Company may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving The Allsup Company Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.

 

7. Rules for the use of The Allsup Company Platform. During the term of this Agreement, Requesters may use The Allsup Company Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use The Allsup Company Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use The Allsup Company Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use The Allsup Company Platform (including but not limited to any Submission Areas) to do any of the following:

 

a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's

a computer.

 

b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.

 

c. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.

 

d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.

 

e. Use The Allsup Company Platform or any Professional Service for any purpose or manner that violates local, state, national, or international law.

 

f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials or information, or any materials, information, or content that involve the sale of counterfeit or stolen items.

 

g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work that is not relevant to services offered through the Allsup Company Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through The Allsup Company Platform without express written permission from us.

 

h. Use the Allsup Company Platform to collect usernames and/or email addresses of members electronically or without our express prior written consent.

 

i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.

 

j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

 

k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

 

l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through The Allsup Company Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

 

m. Restrict or inhibit any other user from using and enjoying The Allsup Company Platform.

 

n. Imply or state that any statements you make are endorsed by us without our prior written consent.

 

o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with The Allsup Company Platform, its servers or any connected networks, use a robot, spider, manual, and/or automatic processes or devices to data-mine, data-crawl, scrape or index The Allsup Company Platform in any manner, or attempt to do any of the foregoing.

 

p. Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by us.

 

q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorse, condones or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals.

 

r. Upload content that provides materials or access to obscene, adult, or sexual or exploits anyone, particularly people under the age of 18, in an abusive, violent or sexual manner.

 

s. Register to use The Allsup Company Platform under different usernames or identities after your account has been suspended or terminated.

 

t. Mirror or archive any part of The Allsup Company Platform or any content or material contained on The Allsup Company Platform without The Allsup Company written permission.

 

u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.

 

v. Alter transmission data without The Allsup Company consent

 

w. Purchase Merchandise for the purposes of reselling it.

 

8. No Employment. The Allsup Company provides a software platform that allows you to connect with independent Professionals. The Allsup Company is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of The Allsup Company for any purpose whatsoever.

 

9. Intellectual Property Rights. The Allsup Company Platform, and the information, data, content, and materials that it contains ("The Allsup Company Materials"), are the property of The Allsup Company and/or its affiliates, subsidiaries, parents, and licensors, excluding User-generated content, which The Allsup Company has a right to use as described below. The Allsup Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Allsup Company and/or its affiliates, subsidiaries, parents, and licensors are and shall continue to be the sole and exclusive owner of all right, title, and interest in and to all intellectual property rights associated with The Allsup Company Materials. Any use of The Allsup Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of The Allsup Company and/or the relevant right holder. The service marks and trademarks of The Allsup Company, including without limitation AllsupCompany.com, MAAsemmblyServices.com, and The Allsup Company logo, are service marks owned by The Allsup Company. Any other trademarks, service marks, logos, and/or trade names appearing on The Allsup Company Platform are the property of their respective owners. You may not copy or use any of the marks, logos, or trade names appearing on The Allsup Company Platform without the express prior written consent of the owner.

 

10. Modifications to The Allsup Company Platform. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, The Allsup Company Platform or any content or information on The Allsup Company Platform with or without notice. We will not be liable to any party for any modification or discontinuance of The Allsup Company Platform.

 

11. Confidentiality. The term "Confidential Information" shall mean any and all of The Allsup Company trade secrets, confidential and proprietary information, personal information, and all other information and data of The Allsup Company that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Allsup Company Platform contains secured components that are accessible only to those who have been granted a username and password by The Allsup Company. Information contained within the secure components of The Allsup Company Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of The Allsup Company and agree that you will not use Confidential Information other than as necessary for you to make use of The Allsup Company Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify The Allsup Company in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical, and administrative safeguards to protect Confidential Information from loss or theft and unauthorized access, disclosure, copying, transfer, modification, or use. You shall return all originals and any copies of any and all materials containing Confidential Information to The Allsup Company upon the termination of this Agreement for any reason whatsoever.

 

12. Disclaimer of Warranties; Limitation on Liability.

 

a. USE OF THE ALLSUP COMPANY PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE ALLSUP COMPANY PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER THE ALLSUP COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THAT THE ALLSUP COMPANY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE ALLSUP COMPANY PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ALLSUP COMPANY PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE ALLSUP COMPANY PLATFORM OR THIS AGREEMENT. ACCESS TO THE ALLSUP COMPANY PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER THE ALLSUP COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE ALLSUP COMPANY PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER THE ALLSUP COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES, OR LICENSORS WARRANT THAT THE ALLSUP COMPANY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE ALLSUP COMPANY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, AND LICENSORS CAN NOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

 

b. NO LIABILITY. YOU AGREE NOT TO HOLD THE ALLSUP COMPANY, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE ALLSUP COMPANY PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY THE ALLSUP COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE ALLSUP COMPANY OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ALLSUP COMPANY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE ALLSUP COMPANY HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE ALLSUP COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE ALLSUP COMPANY PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE ALLSUP COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE ALLSUP COMPANY PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE, OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE ALLSUP COMPANY OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO THE ALLSUP COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE ALLSUP COMPANY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(c).

 

c. RELEASE. THE ALLSUP COMPANY AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE ALLSUP COMPANY PLATFORM. THE ALLSUP COMPANY PLATFORM IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE ALLSUP COMPANY PLATFORM CONNECTS A USER TO A THIRD-PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, THE ALLSUP COMPANY WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY PROVIDERS, AND YOU EXPRESSLY WAIVE AND RELEASE THE ALLSUP COMPANY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. BECAUSE THE ALLSUP COMPANY IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE THE ALLSUP COMPANY AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED, OR OBTAINED THROUGH THE USE OF THE ALLSUP COMPANY PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE ALLSUP COMPANY PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE, OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE ALLSUP COMPANY PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.

 

NOTHING IN THIS AGREEMENT OR THE ALLSUP COMPANY PLATFORM CONSTITUTES OR IS MEANT TO CONSTITUTE ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER, YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

 

BY USING THE ALLSUP COMPANY PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE ALLSUP COMPANY PLATFORM.

 

YOU ACCEPT THAT, AS A CORPORATION, THE ALLSUP COMPANY HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS, AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST THE ALLSUP COMPANY OFFICERS, DIRECTORS, OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE ALLSUP COMPANY OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AND SUB-CONTRACTORS AS WELL AS THE ALLSUP COMPANY.

 

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

 

13. Indemnification. You hereby agree to indemnify, defend, and hold harmless The Allsup Company, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use The Allsup Company Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through The Allsup Company Platform. The Allsup Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of The Allsup Company.

 

14. Mutual Arbitration Agreement.

 

a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy, or claim, past, present, or future, between you and The Allsup Company, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and The Allsup Company may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to The Allsup Company. The Allsup Company address for such notices is: legal@allsupcompany.com.

 

b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and The Allsup Company agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, The Allsup Company will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.

 

c. Excluded Disputes. You and The Allsup Company agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.

 

d.WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.

 

You and The Allsup Company agree to bring any Dispute in arbitration on an individual basis only and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard, or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability, or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

 

e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

 

f. Severability. You and The Allsup Company agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 14 will be given full force and effect.

 

15. Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 14, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the city of Baltimore, Maryland.

 

16. Assignment. Without our prior written approval, this Agreement may not be assigned or transferred by you. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

 

17. General Provisions. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8-19, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and The Allsup Company with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to The Allsup Company. The Allsup Company address for such notices is: legal@allsupcompany.comThe captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by The Allsup Company, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. The Allsup Company shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by any event or circumstance beyond The Allsup Company reasonable control, including, without limitation, strikes, lock-outs, and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.

 

18. Changes to this Agreement. At our sole and absolute discretion, we reserve the right to change, modify, add to, supplement, or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate and immediately stop using The Allsup Company Platform. Your continued use of The Allsup Company Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

 

19. Severability. These Terms shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

 

20. Contact Information. If you have any questions regarding this Agreement, please contact us at legal@allsupcompany.com

 

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY AND AGREE THAT MY USE OF THE ALLSUP COMPANY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

 

Last updated: September 13, 2020

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