Terms of Use / User Agreement for California Residents

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

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).

This Agreement constitutes a legal agreement between you ("you" or "User") and Jol Corporation, Inc. d/b/a JOL and its affiliates, parents, and subsidiaries (collectively, "JOL” or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.jolcorp.co.uk, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, Site and Apps are collectively referred to as the "JOL CORP".

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

By using the JOL CORP, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

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

·       Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).

·       Your agreement that no claims can be adjudicated on a class basis (Section 19).

·       Your acknowledgment of and agreement to pay JOL CORP Trust and Support Fee that will be applied to each appointment of a Professional Service paid through the JOL CORP (Section 3(f)).

·       Your acknowledgment of and agreement to JOL CORP dormant account service fees (Section 3(i)).

·       Your acknowledgment of and agreement to JOL CORP cancellation policies and cancellation fees (Section 4(e)).

·       If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or JOL CORP Select membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).

·       Your agreement to release JOL CORP from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).

·       JOL CORP sole liability with respect to disputes is set forth in the JOL CORP Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the JOL CORP Guarantee.

·       Your agreement to indemnify from claims due to your use, misuse or inability to use the JOL CORP the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the JOL CORP (Section 18).

·       Your consent to any modifications or amendments to this Agreement (Section 23). Your consent to the collection, use, sharing and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1. JOL CORP; Screening.

a. JOL CORP is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that JOL CORP fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services" or "Jobs": Requestors understand and agree that Professionals' agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation and/or assembly of furniture and/or other items obtained through the JOL CORP or from a third party ("Merchandise"), but shall not be deemed to include the Merchandise itself. JOL CORP does not itself provide Merchandise. JOL CORP, THROUGH THE JOL CORP, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. JOL CORP IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.

b. Screening and Licensing. FOR PROFESSIONALS THAT REGISTER TO USE THE JOL CORP IN THEIR INDIVIDUAL CAPACITY, FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. We recommend you confirm these licensing requirements with the business and local licensing authorities. Licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license. JOL CORP PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE PLATFORM. JOL CORP CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL'S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. JOL CORP IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL'S BACKGROUND CHECK OR PROFILE. BY USING THE PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD JOL CORP FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. JOL CORP IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

2. Personal Information; User Accounts.

a. Collection of your Personal Information. Some of the materials available on the  Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, except that, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. JOL CORP has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately. Nothing in this section shall affect rights to limit or terminate the use of the Platform, as provided below in section 4(b).

c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.

d. Text Messages and Phone Calls.

(i) General: By using JOL platform, you expressly consent and agree to accept and receive communications from us, including via text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, in order that we may provide the services set forth on the Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by JOL CORP, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of JOL CORP, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us, and news concerning JOL CORP and industry developments. For certain Professional Services, you also expressly authorize JOL CORP to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either JOL CORP or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Platform and requesting Professional Services, you are entering into a business relationship with JOL CORP and/or Professionals and thus agree to be contacted by JOL CORP and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from JOL CORP at any time.

(ii) Recording: You acknowledge that JOL CORP or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. During this process, JOL CORP and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to JOL CORP use and disclosure of this call data for its legitimate business purposes.

(iii) Provisions Specific to Text Messaging: i) Generally: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from JOL CORP, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. JOL CORP reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. JOL CORP also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. JOL CORP, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode or in reply to a text message you will receive one additional message confirming that your request has been processed. Services may be impacted.

(iv) False Information: TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO JOL CORP AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO JOL CORP AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF 10 000 EUROS TO EACH OF JOL CORP AND EACH OF THE AFFECTED PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.

e. Emails. JOL CORP may send you confirmation and other transactional emails regarding the Professional Services. JOL CORP and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

3. Payments; Recurring Services and Recurring Charges; JOL CORP Guarantee; Claims; Dormant Account Service Charge.

a. Payments. Requesters are obligated to pay in advance for those Professional Services and/or Merchandise they obtain through the Platform ("Payments"). 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 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 Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving JOL CORP (or a third-party payment processor on JOL CORP behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe JOL CORP. Depending on the transaction you selected or services requested, JOL CORP may charge you on a one-time or recurring basis. All information that 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 JOL CORP at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, 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, if there is no complaint by the Requester, we will mark the Professional Service as closed. Except for Professional Services that are requested through Home Improvement Referrals, all Payments by Requesters must be made through the Platform. Any Professional Services that are requested through Home Improvement Referrals, any Payments paid, or any Professional Services scheduled or obtained outside of the Platform are not subject to our Guarantee in Section 3(d). 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 card 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 JOL CORP 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 JOL CORP or third parties, then JOL CORP may withhold any payments to you for as long as we determine any related risks to JOL CORP 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.

b. Price. The base price for a Professional Service paid to JOL CORP ("Price") depends on factors, such as location and, if part of a Recurrent Service, 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. Additionally, you may reach agreement with the Professional for additional payment above the base Price listed for a Professional Service. Requesters and Professionals are free to negotiate any terms of their agreement, and there will be no penalty to the Professional for declining a Professional Service during an initial Negotiation Period as specified below in Section 4(e). If you and your Professional agree to new job details, you can let JOL CORP know by contacting our support team. We’ll process whatever changes you need in accordance with your agreement with the pro. You can also coordinate booking detail or pay changes directly with the Professional.

c. Recurrent Service with Automatic Renewal and Recurring Charges.

(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the JOL CORP platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. JOL CORP cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.

(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurring Service, Requester will be charged immediately for the initial booking. THEREAFTER, REQUESTER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRING SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED PROFESSIONAL SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.

(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE: Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by by mailing a notice of cancellation to JOL CORPORATION ADDRESS. REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO JOL CORP CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).

 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 you can connect with them by phone.

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 to enter into a direct contract or otherwise reach agreement with a Professional outside of the Platform. 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 JOL CORP.

iv. We may inform you of certain offers or discounts provided by a Professional that provides the Professional Services. 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 JOL CORP 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 JOL CORP. 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 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.

4. Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; 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 JOL CORP. We may terminate this Agreement or terminate or suspend your right to use the 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 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 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 without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, JOL CORP may delete the account and all the information in it. 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 JOL CORP 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 JOL CORP 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 JOL CORP.

ACCORDANCE WITH THE CANCELLATION POLICY SET FORTH IN SECTION 4(e) BELOW.

f. JOL CORP Select.

(i) Select Membership: JOL CORP may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly Platform Select Membership ("JOL CORP Select").

(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase JOL CORP Select, you will be billed immediately for your initial JOL CORP Select subscription period. BY ENROLLING IN JOL CORP SELECT, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH JOL CORP SELECT, YOU AUTHORIZE JOL CORP TO CHARGE YOU FOR YOUR INITIAL JOL CORP SELECT SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY MEMBERSHIP AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR JOL CORP SELECT WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE JOL CORP SELECT FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR JOL CORP SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR JOL CORP SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE JOL CORP (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

(iii) Cancellation Fees: The cancellation and rescheduling of any Professional Service while you are enrolled in JOL CORP Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 4(e) above.

(iv) Declination of Payment: If an eligible payment method JOL CORP has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your JOL CORP Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your JOL CORP Select period will be based on the original enrollment or renewal date and not the date of the successful charge.

(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A JOL CORP SELECT FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR JOL CORP SELECT AT LEAST THREE DAYS BEFORE YOUR NEXT JOL CORP SELECT RENEWAL DATE. You may cancel your JOL CORP Select by mailing a notice of cancellation to JOL CORP address. Following cancellation of your JOL CORP Select you will continue to have access to your JOL CORP Select through the end of your current paid JOL CORP Select period. Should you cancel your JOL CORP Select, JOL CORP reserves the right to cancel any Professional Service appointments scheduled outside the current paid JOL CORP Select period.

(vi) JOL CORP Select Refunds: The JOL CORP Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of JOL CORP Select within three days of (1) signing up for JOL CORP Select or (2) converting from a free JOL CORP Select trial to a paid JOL CORP Select, we will refund your JOL CORP Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the JOL CORP Select fee (a) if you purchased JOL CORP Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your Select membership to purchase any Professional Services.

(vii) JOL CORP Select Membership Plans/Promotional Trial Memberships: JOL CORP sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.

 

5. Links to and Plug-Ins from Other Websites or Media. Links (such as hyperlinks) from the Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by the Third Party Sites or their content. Such links and plug-ins are provided as an information service, for reference and convenience only. JOL CORP 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. JOL CORP EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD JOL CORP HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

6. Submission Areas. The JOL CORP 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 JOL CORP (collectively, "Submission Areas"). Some areas in the Submission Areas within the Platform will be public and JOL CORP will not be responsible for any information or materials posted in such public areas. JOL CORP may, in its discretion, publicly post submissions you submit to a non-public area of the 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 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 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 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 JOL CORP may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.

7. Rules for Use of the Platform. During the term of this Agreement, Requesters may use the 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 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 Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to 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. You shall NOT use the 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 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 Platform or any Professional Service for any purpose or in any manner that is in violation of 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. Intentionally Omitted.

h. Use the Platform to collect usernames and/or email addresses of members by electronic or other means 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 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 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 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 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, endorses, 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 materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.

s. Register to use the Platform under different usernames or identities, after your account has been suspended or terminated.

t. Mirror or archive any part of the Platform or any content or material contained on the Platform without JOL CORP 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 JOL CORP consent

w. Purchase Merchandise for the purposes of reselling it.

8. No Employment. JOL CORP provides a software platform which allows you to obtain certain services completed by independent Professionals, who create a direct contract with you by accepting your request for Professional Services subject to further negotiation of terms between you and the Professional. JOL CORP is not the employer of any Professional and Professionals are not JOL CORP agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner.

10. Intellectual Property Rights. The Platform, and the information, data, content and materials, which it contains ("JOL CORP Materials"), are the property of JOL CORP and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which JOL CORP has a right to use as described below. The Materials are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions, and other intellectual property laws. JOL CORP 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 Materials. Any use of Materials, other than as expressly permitted herein, is prohibited without the prior permission of our and/or the relevant right holder. The service marks and trademarks of JOL CORP, including without limitation the JOL CORP logo are service marks owned by JOL CORP. Any other trademarks, service marks, logos and/or trade names appearing on the 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 Platform without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent. JOL CORP respects the intellectual property of others, and expects Users to do the same. JOL CORP will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to JOL CORP a properly submitted copyright notice as indicated below, we will investigate, and if it determines, in its discretion, that the material is infringing, will remove the content and may terminate the access of the User who posted such content to the Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.

(ii) A statement specifically identifying the location of the infringing material, with enough detail that may find it on the Platform. Please note: it is not sufficient to merely provide a top level URL.

(iii) The complete name, address, telephone number and email address of Complainant.

(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

12. The App / Mobile Devices

a. The Platform may allow you to access our services, download our Apps, upload content to the Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

c. JOL CORP is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. JOL CORP reserves the right to terminate the use of the Apps or any other aspect of the Platform should you be using the Apps or the Platform with an incompatible or unauthorized device.

d. App Store Sourced Application.

(i) With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. JOL CORP reserves all rights in and to the Apps not expressly granted to you under this Agreement.

(ii) You acknowledge and agree that (i) this Agreement is valid between you and JOL CORP only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) JOL CORP, not Apple, is solely responsible for the App Store Sourced Application and the Platform Content.

(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.

(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.

(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and JOL CORP, JOL CORP and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.

(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

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

16. Confidentiality. The term "Confidential Information" shall mean any and all of JOL CORP trade secrets, confidential and proprietary information, personal information and all other information and data of JOL CORP 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 Platform contains secured components that are accessible only to those who have been granted a username and password by JOL CORP. Information contained within the secure components of the Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of JOL CORP and agree that you will not use Confidential Information other than as necessary for you to make use of the 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 JOL CORP 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, as well as 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 JOL CORP upon termination of this Agreement for any reason whatsoever.

17. Disclaimer of Warranties; Limitation on Liability.

a. USE OF THE JOL CORP PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE 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 NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE 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 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 PLATFORM OR THIS AGREEMENT. ACCESS TO THE PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER JOL CORP NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM. NEITHER JOL CORP NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. JOL CORP AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT 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 JOL CORP, 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 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 JOL CORP OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL JOL CORP 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 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. UNDER NO CIRCUMSTANCES WILL JOL CORP OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE 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. JOL CORP AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE 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 JOL CORP 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 JOL CORP DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

c. RELEASE. JOL CORP AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE PLATFORM. TO THE EXTENT THAT THE PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE JOL CORP FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE JOL CORP 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. YOU UNDERSTAND, THEREFORE, THAT BY USING THE 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 PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.

NOTHING IN THIS AGREEMENT OR THE 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 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 PLATFORM.

YOU ACCEPT THAT, AS A CORPORATION, JOL CORP 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 JOL CORP 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 JOL CORP OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS JOL CORP

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.

19.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 JOL CORP, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and JOL CORP 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 JOL CORP.

b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and JOL CORP 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, JOL CORP 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 JOL CORP 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.

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 JOL CORP 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 19 will be given full force and effect.

20.Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 19, which is governed by the Arbitration Act and except as may be prohibited by the law of the European Union in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the European Union, 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 country of European Union.

21.Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. 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.

22.General Provisions. All provisions that should by their nature survive the expiration or termination of this Agreement. The 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 JOL CORP 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 JOL CORP. The 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 JOL CORP as described below. This Agreement shall be interpreted as if jointly drafted by the parties. JOL CORP 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 an event or circumstance beyond JOL CORP 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.

23.Changes to this Agreement. We reserve the right, at our sole and absolute discretion, 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 Platform. Your continued use of the Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

24.Severability These Terms shall be deemed severable. In the event that 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.

25.Contact Information. If you have any questions regarding this Agreement, please contact us at JOLCorporation. 

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

Last updated: January 01, 2023

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2. Personal Information; User Accounts.

a. Collection of your Personal Information. Some of the materials available on the Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Platform. You are solely and fully responsible for all activities that occur under your password or account, except that JOL CORP may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. JOL CORP has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately. Nothing in this section shall affect rights to limit or terminate the use of the Platform, as provided below in section 4(b).

c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.

d. Text Messages and Phone Calls.

(i) General: By using the platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. By consenting to being contacted by JOL CORP, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of JOL CORP, its affiliates, subsidiaries, parents and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the Platform or Services, updates concerning new and existing features on the Platform, communications concerning promotions run by us, and news concerning JOL CORP and industry developments. For certain Professional Services, you also expressly authorize JOL CORP to send you an automated prerecorded call confirming your Professional Services request, along with calls from up to four Professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either JOL CORP or the Professionals may use automated phone technology (including autodialed and prerecorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Platform and requesting Professional Services, you are entering into a business relationship with JOL CORP and/or Professionals and thus agree to be contacted by JOL CORP and/or Professionals. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from JOL CORP at any time.

(ii) Recording: You acknowledge that JOL CORP or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to JOL CORP use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Requestor using a telephone number provided by JOL CORP. During this process, JOL CORP and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to JOL CORP use and disclosure of this call data for its legitimate business purposes.

e. Emails. JOL CORP may send you confirmation and other transactional emails regarding the Professional Services. JOL CORP and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

3. Payments; Recurring Services and Recurring Charges; Claims

a. Payments. Users of the Platform contract for Professional Services directly with other Users. JOL CORP is not a party to any contracts for Professional Services. The 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 obtain through the 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 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 Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving JOL CORP (or a third-party payment processor on JOL CORP behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe JOL CORP. Depending on the transaction you selected or services requested, JOL CORP may charge you on a one-time or recurring basis. All information that 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 JOL CORP at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, 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, if there is no complaint by the Requester, we will mark the Professional Service as closed. 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 JOL CORP Requesters must notify JOL CORP either by changing the date or hours of the requested Professional Service through the Platform. While we will use commercially reasonable efforts to ensure the security of all credit card 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. 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 JOL CORP or third parties, then we may withhold any payments to you for as long as we determine any related risks to JOL CORP 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.

b. Price. The price for a Professional Service ("Price") 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.

c. Recurrent Service with Automatic Renewal and Recurring Charges.

(i) Recurring Service: When requesting certain Professional Services, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. JOL CORP cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.