Last Updated: April 1, 2020.
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
DIRTFREE, INC. (“Dirtfree”, “we”, “us” or “our”) does not provide medical, health or other advice. You participate in cleaning activities entirely at your own risk.
IMPORTANT NOTICE:
By downloading, accessing or using the Application or Services (as each are defined below) you agree to the terms of these Terms which will bind you. The Terms include, in particular, the privacy policy defined in Section 1 and limitations on liability in Section 5.
These Terms of Use (“Terms”) govern the access or use by you, an individual, from within the United States and its territories and possessions, or any other country or territory worldwide, of applications, websites, content, products, and services (the “Services”) made available by Dirtfree. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words “including” and “include” mean “including, but not limited to.”
Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and Dirtfree. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. Dirtfree may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
Dirtfree may amend the Terms related to the Services from time to time. Amendments will be effective upon Dirtfree’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
You agree and consent to our collection and use of personal information in connection with the Services, as provided in Dirtfree’s Privacy Policy located at https://www.dirtfree.net/privacy-policy.
The Services constitute a technology platform that enables users of Dirtfree’s mobile application or website provided as part of the Services (each, an “Application”) to provide cleaning routines and get recommended tasks based on areas in a home, experience level and cleaning style. Unless otherwise agreed by Dirtfree in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT DIRTFREE DOES NOT PROVIDE CLEANING ADVICE OR PHYSICAL SERVICES OR FUNCTION AS A CLEANING TRAINER. TO THE EXTENT THAT DIRTFREE PROPOSES CLEANING ROUTINES OR TASKS INTENDED TO BE PERSONALIZED TO YOUR CLEANING GOALS, YOU AGREE THAT FOLLOWING, ADOPTING OR EXECUTING SUCH CLEANING ROUTINES OR CLEANING TASKS IS ENTIRELY AT YOUR RISK AND WOULD PROCEED AT YOUR OWN RISK.
Subject to your compliance with these Terms, Dirtfree grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Dirtfree and Dirtfree’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Dirtfree; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
You acknowledge that portions of the Services may be made available under Dirtfree’s brand or request options associated with cleaning, including the personalized cleaning brand currently referred to as “Dirtfree”. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: certain of Dirtfree’s affiliates.
The Services may be made available or accessed in connection with third party services and content (including advertising) that Dirtfree does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. Dirtfree does not endorse such third party services and content and in no event shall Dirtfree be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc. will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS. This third party beneficiary is not party to this contract and is not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
The Services and all rights therein are and shall remain Dirtfree’s property or the property of Dirtfree’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner Dirtfree’s company names, logos, product and service names, trademarks or services marks or those of Dirtfree’s licensors.
I. USER REQUIREMENTS AND CONDUCT.
The Service is not available for use by persons under the age of 18. You may not allow persons under the age of 18 to receive personalized cleaning from Third Party Providers unless they are monitored by you. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party.
II. USER PROVIDED CONTENT.
Dirtfree may, in Dirtfree’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Dirtfree through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Dirtfree, you grant Dirtfree a worldwide, perpetual, irrevocable, transferrable, 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 Services and Dirtfree’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Dirtfree the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Dirtfree’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Dirtfree in its sole discretion, whether or not such material may be protected by law. Dirtfree may, but shall not be obligated to, review, monitor, or remove User Content, at Dirtfree’s sole discretion and at any time and for any reason, without notice to you.
III. NETWORK ACCESS AND DEVICES.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Dirtfree does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
I. DISCLAIMER.
WE, OUR AFFILIATES, OUR PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
IF YOU CHOOSE TO USE THE SERVICES, YOU DO SO AT YOUR SOLE RISK. DIRTFREE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AIRBNB MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” DIRTFREE 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, DIRTFREE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. DIRTFREE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY 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.
II. LIMITATION OF LIABILITY.
1. DIRTFREE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF DIRTFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRTFREE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF DIRTFREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DIRTFREE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND DIRTFREE’S REASONABLE CONTROL.
2. DIRTFREE’S SERVICES MAY BE USED BY YOU TO PLAN AND CONDUCT CLEANING, BUT YOU AGREE THAT DIRTFREE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TASK, GOODS OR SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.
3. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.