Service Provider
Terms of Service

V 1.04

1. OVERVIEW

These terms of service (“Terms of Service”) set forth the terms and conditions between you (“Service Provider”, “you”, or “your”) and House Fly (also “we”, “our”, or “us”), and these Terms of Service constitute a legally binding agreement between you and House Fly regarding, among other things, the use of or access to House Fly’s mobile application for iOS and Android devices (the “House Fly App”) and the use of or access to House Fly’s Website (and, the House Fly App, the House Fly Website, and any content, functionality, applications, software-as-a-service, processes or other services provided for use or access by or through House Fly on the House Fly App or the House Fly Website are hereinafter sometimes collectively referred to as the “House Fly Platform”).

PLEASE READ AND REVIEW THESE TERMS OF SERVICE CAREFULLY. BY INSTALLING THE HOUSE FLY APP OR OTHERWISE ACCESSING OR USING THE HOUSE FLY PLATFORM, YOU REPRESENT, PROMISE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND AND OBLIGATED BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MAY NOT INSTALL THE HOUSE FLY APP OR ACCESS OR USE OF THE HOUSE FLY PLATFORM.

THESE TERMS OF SERVICE OBLIGATE AND BIND YOU TO AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE SEE SECTION 10 OF THESE TERMS OF SERVICE.

1.1. If an individual is named as the Service Provider, you agree that these Terms of Service are a two-party agreement between you and House Fly and that these Terms of Service are not a collective or association agreement.

1.2. If an Entity is named as the Service Provider:
a) you agree that these Terms of Service are an agreement solely between such Entity (with whom the Entity Representative is hereby bound jointly, severally and in solido) and House Fly and that these Terms of Service are not a collective or association agreement;
b) the term “you” or “your” shall mean and refer collectively to both of such Entity and such Entity Representative, who are hereby bound and obligated together jointly, severally and in solido to House Fly;
c) the Entity Representative, for the avoidance of doubt, is thereby and hereby also entering into these Terms of Service and is now so bound and obligated;
d) you represent and warrant that the Entity Representative is duly and legally authorized to, and has the full, complete and necessary power, authorization and direction from the Service Provider to, bind and obligate the Service Provider: (1) to these Terms of Service; and, (2) to enter into, execute and perform these Terms of Service; and,
e) you shall immediately, upon demand by House Fly, have each of your Principals sign, execute and deliver to House Fly an instrument: (1) unconditionally and absolutely guaranteeing, assuring and warranting the performance, observance and satisfaction of you under these Terms of Service; (2) agreeing to be bound and obligated jointly, severally and in solido with you to House Fly; and, (3) agreeing to be bound by the arbitration provisions of Section 10.

1.3. You agree that the House Fly Platform is available for you to connect you and Customers.

1.4. Notwithstanding Section 1.3, whether or not you connect with a Customer and regardless of how you access or use the House Fly Platform, none of that, and none of these Terms of Service, in any way whatsoever create or are to be interpreted as any partnership, joint venture, franchisor/franchisee, agency or employment relationship whatsoever between you and House Fly. You further understand and agree that these Terms of Service are an arms-length agreement between you and House Fly and that House Fly does not owe you any fiduciary duty or any other special duty whatsoever.

1.5. These Terms of Service hereby include and hereby incorporate by reference the Privacy Policy, which you hereby accept and to which you are hereby bound and obligated.

1.6. When you create your Account on the House Fly Platform you must accept these Terms of Service. You also understand and agree that House Fly may Modify these Terms of Service from time to time in House Fly’s sole and complete discretion (except that: (1) you have no obligation to accept that which we Modify in the arbitration provisions; and, (2) we will not Modify our fee structure, with respect to any then-existing Services Contract (and (1) and (2) are the “Special Modifications”)). Your access to or use of the House Fly Platform is governed by the version of the Terms of Service that you last accepted as reflected in the records on the House Fly Platform. Except for any Special Modifications, if we Modify the Terms of Service, you must accept the modified Terms of Service in order to continue accessing or using the House Fly Platform. If we Modify the arbitration provisions and you do not accept the modified arbitration provisions, your access to and use of the House Fly Platform will be limited to your then existing Services Contracts (but subject always to whatever other rights or remedies we may have to suspend or terminate your Account) and, to be clear, you will not have any right to enter into new or amended Services Contracts. Any Disputed Claims arising under the Terms of Service will be resolved in accordance with the version of the Terms of Service in effect at the time the Disputed Claims arose (but again, the last mutually agreed-to arbitration provisions will control and govern). As used above, the term “Modify” means revise, update, change or otherwise modify.

2. ACCOUNT

2.1. To access and use the House Fly Platform, you will need to create a password-protected Account using an authentication means selected by House Fly (such as two-factor authentication using email and text verification or such other authentication means as selected by House Fly from time to time) to confirm your identity upon initial sign-in. You agree to provide accurate, current, and complete information to create your Account (including, without limitation, your “Service Provider Profile”) and at all other times when you access or use the House Fly Platform, and to timely update information in your Account (including, without limitation, your Service Provider Profile) to always keep it accurate, current, and complete. To establish an Account, you must complete a Service Provider Profile with certain information as such information is specified by House Fly from time to time. You hereby consent that, for so long as you have an Account on the House Fly Platform, your Service Provider Profile can be shown to Customers. The House Fly Platform may also allow you, from time to time, to elect to make some or all of your Service Provider Profile available for public access. You agree not to provide any false or misleading information about (or, due to events or changes in circumstances, to allow to continue to persist in your Service Provider Profile or other parts of your Account, any information that has become false or misleading information about) any of the following: your identity or location; your availability, experience, credentials, licensure, competency to perform any work or provide any services; any credit card, debit card or other account to pay you; your Services Contracts; or any other information on or in the House Fly Platform.

2.2. To the fullest extent permitted by law, you, and not House Fly, are solely responsible for safeguarding your Account. You agree not to share your username and password, as well as any other authentication means, with any other Person. You hereby authorize and direct House Fly to assume (and without, to the fullest extent permitted by law, any liability whatsoever to House Fly) that any Person using your username and password, or other authentication means then being used by House Fly, is authorized to act for you. You are solely responsible for all access to, use of and other activity that occurs on, in, to, by or through your Account, and you will notify House Fly immediately of any unauthorized, or suspected unauthorized, use, access or activity on, in, to, by or through your Account. To the fullest extent permitted by law, House Fly is not liable for any losses, liabilities or damages caused, in whole or in part, by any unauthorized use or access on, in, to, by or through your Account. Notwithstanding the foregoing, under other provisions of these Terms of Service or by law, you may be liable for the losses, liabilities or damages of House Fly or others due to such unauthorized use. Your Account is nontransferable and nonassignable except with House Fly’s written permission and in line with these Terms of Service.

2.3. If establishing an Account or otherwise accessing, using or participating in the House Fly Platform is to be by an individual, the minimum eligibility criteria for that individual is that such individual must be at least 18 years old, can form legally binding contracts under applicable law, is citizen of the United States and lives and resides in the United States. If you are an individual and do not satisfy this minimum eligibility criteria, you should not establish an Account and you should not otherwise access, use or participate in the House Fly Platform.

2.4. If establishing an Account or otherwise accessing, using or participating in the House Fly Platform is to be by an Entity, the minimum eligibility criteria for that Entity is: (a) that the charter and other governing documents and instruments of such Entity fully allow it to enter into, perform and execute these Terms Of Service; (b) that such Entity has the power and authority to fully allow, and has done all things necessary to allow, it to enter into, perform and execute these Terms Of Service; (c) that such Entity can form legally binding contracts under applicable law; (d) that such entity is charted under the laws of one of the States in the United State of America or chartered under the federal laws of the United States of America; and, (e) that such Entity operates entirely within the United States of America. If you are an Entity and do not satisfy this minimum eligibility criteria, you should not establish an Account and you should not otherwise access, use or participate in the House Fly Platform.

2.5. By accessing, using or participating in the House Fly Platform, you represent and warrant that you fully satisfy the minimum eligibility criteria to access, use, and participate in the House Fly Platform. To the fullest extent permitted by law, House Fly has no obligation to you whatsoever to verify, investigate or confirm that you satisfy the minimum eligibility criteria. Even though you may satisfy the minimum eligibility criteria, House Fly, to the fullest extent permitted by law, has no obligation whatsoever to you to allow you to open an Account; and House Fly, to the fullest extent permitted by law, reserves all rights whatsoever to decline, deny or otherwise reject your request or action to open or otherwise establish an Account in or on the House Fly Platform.

2.6. You hereby authorize House Fly, directly or through other Persons, to make any inquiries to validate (or to confirm or test authorizations for) or all or any of the following: your identity; your location; confirm your ownership or right to use any email address or phone number; credit cards, debits cards, bank accounts or other payment means that you have provided to us or our Payment Processor (including, without limitation, running any credit card authorizations, debit card authorizations or other authorizations); your credit score; financial statements, employment information or other information about you which you have provided to us.

2.7. In accessing, using, or participating in the House Fly Platform, you represent and warrant that you, and all of your employees, agents, contractors, subcontractors, or suppliers who may perform work for you or supply you with any materials or equipment, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which you may be subject in the jurisdiction in which you offer your Listed Services or in relation to the specific Listed Services you are in the business of providing or provide.

2.8. You agree and authorize us to use personal information of You and Your Interests, to obtain background checks using third-party background check services that include, but are not limited to, a sex offenders registry check; county, state, and federal criminal records check; and domestic and international terrorist watchlist check. You understand and agree that we have no obligation to you to run any such check. You understand and agree that we may limit, block, suspend, deactivate, terminate, or cancel your account based on the results of such background check. You further agree to submit to House Fly a government-issued photo ID and a profile picture. You also agree and authorize us to conduct Professional Background Checks on You and Your Interests, and you further understand and agree that we have no obligation to You and Your Interests to run such Professional Background Checks.

2.9. Either you or House Fly has the right to voluntarily terminate these Terms of Service upon five days written notice (except that: (a) these Terms of Service shall continue to govern you and House Fly as to any then-existing Services Contracts; and, (b) any termination is subject to Section 12.7.

2.10. Without notice or explanation either you or House Fly has the right to voluntarily terminate (delete or permanently remove) your account at any time and for any reason. After your account is terminated, there will be no way to access it again, and all account information will be permanently lost. House Fly is not responsible for any lost finances, transaction history, information, or data after your account is terminated. Before deleting your account, it is your sole responsibility to back up any information, withdraw any available earned funds, and close out all open disputes and upcoming jobs. If you or House Fly chooses to terminate your account for any reason, no payments will be issued for any available funds in your wallet or Upcoming services that have not been completed or canceled; and all open disputes will be closed in favor of the Customer. If you or House Fly chooses to terminate your account for any reason, you understand and agree to the fullest extent permitted by law, you, and not House Fly, are solely responsible for any losses or damages resulting from the deletion of your account or any related data.

2.11. GEOGRAPHIC SCOPE OF SERVICES: The User of this Software hereby acknowledges and agrees that they are strictly prohibited from offering their services beyond the territorial boundaries of the United States of America. If a service is inadvertently or intentionally booked outside of the specified territorial limitations, the User holds full responsibility for cancelling such service promptly. Any failure to do so, or any intentional violation of this geographic restriction, may result in termination of the User’s access to the House Fly platform and potential liability for any damages incurred by House Fly or third parties as a result of such unauthorized services. The User acknowledges that these limitations are a fundamental term of this Agreement, and accepts the responsibility to monitor and control the geographic scope of their service offerings in compliance with this Section.

3. HOUSE FLY AND THE SERVICE PROVIDER

3.1. Subject to your compliance with and observation of the other provisions (including, without limitation, all DISCLAIMERS and limitations of liability) of these Terms of Service, the House Fly Platform is a cloud-based services application that facilitates a medium through which you can connect with Customers, enter into a contract between you and Customers for you to perform certain Listed Services in exchange for payment from Customers (the “Services Contract”), schedule the performance of Listed Services, and allow Customers to directly make payments, through the House Fly Platform, to you for the provision of Listed Services. To be clear, House Fly is not a party to any Services Contract that you make with a Customer by using or accessing the House Fly Platform; and, to be clear, only you and the Customer are parties to such Services Contract. House Fly does not introduce you to any Customers and does not find jobs, work or opportunities for you; rather, as stated above, the House Fly Platform provides a platform that facilitates a medium through which you can connect with Customers.

3.2. As a service provider utilizing our platform to connect with potential customers, it is imperative that you accurately represent the services you offer, including all relevant details such as scope, limitations, pricing, and any required qualifications or certifications. Our platform facilitates these connections by providing a space for you to contact the Customer in order to provide a brief description of listed services for which you were hired to perform. Prior to the commencement of any service, you are required to directly confirm with the customer the exact specifications, scope, and expectations of the listed service to be rendered. This confirmation should cover, but is not limited to, a detailed discussion of the services to be performed, the timeline for completion, costs, tools, materials, and any other material terms or conditions of the service agreement. As a service provider, you agree to uphold high standards of professionalism and quality in the services you provide. You acknowledge that you are solely responsible for the quality of services rendered and for any disputes that arise as a result of your failure to meet the agreed-upon specifications or quality expectations. You are also responsible for ensuring compliance with all applicable laws, regulations, and licensing requirements related to the provision of your services. By listing your services on our platform, you agree to these terms and commit to engaging in transparent and honest communication with customers regarding service details. Failure to adhere to these responsibilities may result in the suspension or termination of your access to our platform.

3.3. “Customer” means any Person who has signed up to use the House Fly Platform to connect with you or Other Service Providers in order to receive, pay for, endorse, review, rate, rank, comment on, provide feedback on or facilitate the receipt or delivery of Listed Services or the performance of Services Contracts. For the avoidance of doubt, the term “Customer” never means or includes House Fly. “Other Service Provider” means any Person, other than you, listed on the House Fly Platform from time to time as a Service Provider.

3.4. “Listed Services” means, except for Excluded Services, a service listed, quoted, scheduled, offered, sold, agreed to be provided or provided by you or Other Service Providers on, through or due to (including, without limitation, in or by using or accessing) the House Fly Platform, or sought, scheduled, purchased or otherwise received by Customers on, through or due to (including, without limitation, in or by using or accessing) the House Fly Platform. Listed Services specifically excludes all Excluded Services. “Excluded Services” means each of the following:

o professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;
o services related to childcare (e.g., babysitting), eldercare or lifeguarding services;
o services that involve the handling of weapons, explosives or hazardous materials;
o services that involve the transportation of and ridesharing among Customers or other Service Providers in any type of motor vehicle, aircraft, watercraft or other mode of transportation;
o services that provide only products to the Customer;
o services that provide directories or referrals to other products or services;
o services that offer lending;
o services that offer rental space;
o services that promote events;
o services that compete with the business of House Fly;
o services based outside of the United States of America;
o services that promote or offer Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways;
o services that a Customer might seek, but where the Customer is not in a location where you are licensed or credentialed to perform that service; or
o any service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

3.5. You understand, acknowledge and agree that we have no obligation whatsoever to you to know, review, monitor, observe, verify, determine, test, audit, confirm or supervise the calculator section or any calculator services offered through the House Fly platform. Calculations include but are not limited to: purchase price, renovation expenses, resale price, return on investment, fixed rate mortgage, square feet, or any other calculator services that we may offer from time to time. To be clear, our calculator services are for entertainment purposes only and should not be relied upon in any way for financial decisions. We do not guarantee the accuracy of any calculations given and strongly encourage the user to verify any and all results independently.

3.6. You understand and acknowledge that you are not required to:
3.6.1. accept or complete any minimum number (or volume, by contract value or otherwise) of any Services Contracts;
3.6.2. make yourself available to perform Listed Services on any specific days or times or any number of hours or days each week, month or year;
3.6.3. accept any particular job, work or Services Contract; or
3.6.4. report to us on the means, methods or manner in which, or when, you completed, the Listed Services of the Services Contract.

3.7. You agree to limit the number or value of Services Contracts that you accept or perform in your fiscal year such that the gross income that you receive under all Services Contracts during your fiscal year shall not exceed fifty (50%) percent of your gross income for that fiscal year. You also agree that we have no obligation whatsoever to monitor, determine, verify or otherwise confirm that you are complying with this condition and that it is your sole responsibility to comply with this condition.

3.8. You understand and agree that you, and not House Fly, are responsible for:

(A) paying all of your personnel, labor, contractors and suppliers;
(B) paying all rents, fees, charges and other monies for all equipment, tools, transportation, travel, meals, training, delivery, premises and facilities;
(C) withholding (and remitting to all governmental authorities) all payroll and other taxes when you pay your personnel, labor, contractors and suppliers;
(D) providing and satisfying any rights or claims of any of your personnel, labor, contractors and suppliers for overtime pay, vacation, leave, retirement, health insurance or other benefits whatsoever;
(E) providing and satisfying all “Health Profiles” and “Health Protocols” based on the law or standard of practice set forth in your area;
(F) securing and obtaining all equipment, tools, transportation, travel, meals, training, delivery, premises and facilities for performing the Services Contract; and,
(G) bearing any lost profit, lost revenue, equipment loss or other losses or risks incurred or experienced by you in your performing, not performing or otherwise due to your having signed, any Services Contract.

3.9. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT WE HAVE NO OBLIGATION WHATSOEVER TO YOU TO KNOW, REVIEW, MONITOR, OBSERVE, VERIFY, DETERMINE, TEST, AUDIT, CONFIRM OR SUPERVISE:

(1) WHETHER THE CUSTOMER IS THE OWNER OF THE HOME, THE PREMISES OR OTHER SUBJECT HOME/PROPERTY UPON OR AT WHICH THE LISTED SERVICES ARE TO BE DELIVERED OR PERFORMED;
(2) WHETHER THE CUSTOMER IS AUTHORIZED TO ENTER INTO ANY SERVICES CONTRACT WITH YOU THROUGH THE HOUSE FLY PLATFORM, OR REQUEST THAT YOU PERFORM ANY LISTED SERVICES AT OR ON THE HOME, THE PREMISES OR OTHER SUBJECT HOME/PROPERTY DESIGNATED IN THE SERVICES CONTRACT;
(3) WHETHER THE SUBJECT HOME/PROPERTY IS IN A SUITABLE AND SAFE CONDITION FOR YOU TO DELIVER OR PERFORM ANY LISTED SERVICES WITHOUT RISK OF DEATH, PERSONAL INJURY OR BODILY INJURY TO YOU, YOU AND YOUR INTERESTS, THE CUSTOMER, OR ANY OTHER PERSON AT OR NEAR THE SUBJECT HOME/PROPERTY OR WITHOUT RISK OF PROPERTY DAMAGE OR OTHER LIABILITY;
(4) WHETHER THE SUBJECT HOME/PROPERTY IS IN ANY CONDITION FOR YOU AND YOUR INTERESTS TO START, TO CONTINUE OR TO COMPLETE THE LISTED SERVICES OR THE SERVICES CONTRACT;
(5) WHETHER THE SCOPE OF ANY SERVICES IN A SERVICES CONTRACT (OR OTHERWISE LISTED, OFFERED, QUOTED, DELIVERED, SOLD OR OTHERWISE PROVIDED BY OR THROUGH USING OR ACCESSING THE HOUSE FLY PLATFORM) INCLUDE ANY EXCLUDED SERVICES;
(6) WHETHER LISTED SERVICES QUOTED, SOLD OR INCLUDED IN, OR DELIVERED UNDER, A SERVICES CONTRACT (A) SATISFY WHATEVER REQUEST A CUSTOMER HAS MADE IN OR THROUGH USING OR ACCESSING THE HOUSE FLY PLATFORM OR (B) SATISFY WHATEVER NEED OR EXPECTATION THE CUSTOMER HAS FOR ANY REPAIR, RENOVATION, IMPROVEMENT, MAINTENANCE, CONSTRUCTION, INSTALLATION, DEMOLITION, CHANGE OR OTHER SERVICE WHATSOEVER;
(7) WHETHER THE PRICE, RATE, FEES OR OTHER MONIES THAT YOU ARE RECEIVING FOR THE PROVISION OF LISTED SERVICES IS FAIR OR REASONABLE OR WHETHER IT ALIGNS WITH THE MARKET;
(8) WHETHER YOU, OR YOU AND YOUR INTERESTS, HAVE OR HOLD THE NECESSARY, REQUISITE, DESIRED OR EXPECTED QUALIFICATIONS, CREDENTIALS, LICENSES, PERMITS, CERTIFICATIONS, KNOWLEDGE, EDUCATION, TRAINING, EXPERIENCE, COMPETENCY, CREDIT OR OTHER RELEVANT CRITERIA WHATSOEVER; OR,
(9) ANYTHING ABOUT THE PERFORMANCE, DELIVERY OR OTHERWISE RENDERING OF ANY GOODS OR SERVICES TO CUSTOMERS BY, THROUGH OR ON BEHALF OF YOU, OR YOU AND YOUR INTERESTS.

3.10. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE HOUSE FLY PLATFORM IS A CLOUD-BASED SERVICES APPLICATION THAT FACILITATES A MEDIUM THROUGH WHICH YOU AND CUSTOMERS CAN CONNECT WITH ONE ANOTHER, SCHEDULE THE PERFORMANCE OF LISTED SERVICES BY YOU, AND ALLOW CUSTOMERS TO DIRECTLY MAKE PAYMENTS THROUGH THE HOUSE FLY PLATFORM TO YOU FOR THE LISTED SERVICES PERFORMED. ANY DECISION BY YOU OR CUSTOMERS TO OFFER OR ACCEPT LISTED SERVICES THROUGH THE HOUSE FLY PLATFORM IS A DECISION MADE IN SUCH CUSTOMER’S AND YOUR SOLE DISCRETION AND IS A CONTRACT ONLY BETWEEN YOU AND THE CUSTOMER. IT IS ENTIRELY UP TO THE CUSTOMER TO EVALUATE YOU, SELECT YOU AND DETERMINE YOUR QUALIFICATIONS AND SUITABILITY TO AND FOR THE CUSTOMER’S NEEDS; AND IT IS ENTIRELY UP TO YOU TO EVALUATE THE LISTED SERVICE ORDERED TO BE PERFORMED AND WHETHER YOU WANT TO DO BUSINESS WITH THAT CUSTOMER. HOUSE LY DOES NOT INTERVIEW OR OTHERWISE MEET WITH A PERSON WHO WANTS TO BE A CUSTOMER; AND HOUSE FLY DOES NOT REQUIRE THAT PERSON TO REPORT OR APPEAR AT ANY HOUSE FLY OFFICE. A PERSON WHO WANTS TO BE A CUSTOMER SELF-STATES THEIR IDENTITY, QUALIFICATIONS AND INFORMATION ABOUT THE SUBJECT HOME/PROPERTY. HOUSE FLY DOES NOT REVIEW OR EVALUATE YOUR SERVICES CONTRACT WITH THE CUSTOMER.

3.11. YOU UNDERSTAND AND AGREE THAT:
(1) HOUSE FLY IS NOT AND DOES NOT INTEND TO BE IN THE BUSINESS OF PROVIDING LISTED SERVICES;
(2) HOUSE FLY DOES NOT ACT IN ANY WAY AS A SERVICE PROVIDER;
(3) HOUSE FLY DOES NOT ENDORSE, REVIEW, RANK, RATE, COMMENT ON OR PROVIDE FEEDBACK ON YOU (HOWEVER, HOUSE FLY MAY HAVE CERTAIN RIGHTS AND REMEDIES UNDER SECTION 5.2, 12.1 OR OTHER PROVISIONS OF THESE TERMS OF SERVICE);
(4) HOUSE FLY DOES NOT ENDORSE, REVIEW, RANK, RATE, COMMENT ON OR PROVIDE FEEDBACK ON CUSTOMERS (HOWEVER, HOUSE FLY MAY HAVE THE RIGHT, BUT NOT ANY OBLIGATION TO YOU, TO REMOVE OR SUSPEND A CUSTOMER); AND,
(5) HOUSE FLY IS NOT A PARTY TO ANY SERVICES CONTRACT OR ANY OTHER CONTRACT YOU MAY ENTER INTO WITH A CUSTOMER.

3.12. HOUSE FLY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER ABOUT (AND HEREBY DISCLAIMS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, IS NOT RESPONSIBLE FOR):

(A) THE PROFILES, LISTING, STATEMENTS, CALENDAR, HEALTH PROFILES, HEALTH PROTOCOLS OR PERFORMANCE OF OR ABOUT ANY CUSTOMERS OR ANY SUBJECT HOME/PROPERTY;
(B) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY PROFILES, LISTINGS, STATEMENTS, CALENDAR, HEALTH PROFILES, HEALTH PROTOCOLS OR OTHER INFORMATION MADE, PREPARED, POSTED, SUBMITTED, PUBLISHED, TRANSMITTED, COMMUNICATED OR OTHERWISE AVAILABLE ON, BY OR THROUGH THE HOUSE FLY PLATFORM OF OR ABOUT ANY CUSTOMERS OR ANY SUBJECT HOME/PROPERTY; OR,

(C) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY PROFILES, LISTINGS, STATEMENTS OR OTHER INFORMATION MADE, PREPARED, POSTED, SUBMITTED, PUBLISHED, TRANSMITTED, COMMUNICATED OR OTHERWISE AVAILABLE ON, BY OR THROUGH THE HOUSE FLY PLATFORM OF OR ABOUT ANY PAST, PRESENT, PENDING OR FUTURE PERFORMANCE OR SERVICE CONTRACTS OF OR ABOUT ANY CUSTOMERS OR ANY SUBJECT HOME/PROPERTY.

3.13. HOUSE FLY DOES NOT HAVE CONTROL OVER, AND DOES NOT MAKE OR GIVE REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING (AND HEREBY DISCLAIMS) THE QUALITY, CONDITION, LOCATION, TIMING, LEGALITY, SAFETY, HAZARDS, DELIVERY, PERFORMANCE, PROVISION OR ANY OTHER ASPECT WHATSOEVER OF OR RELATING TO ANY SUBJECT HOME/PROPERTY OR ANY LISTED SERVICES OR ANY SERVICES CONTRACT.

3.14. HOUSE FLY DOES NOT HAVE CONTROL OVER, AND DOES NOT MAKE OR GIVE REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING (AND HEREBY DISCLAIMS) THE CONDITION, PERSONALITY, CREDIT-WORTHINESS, FINANCIAL STATUS, EMPLOYMENT, HISTORY, IDENTITY, CHARACTER, KNOWLEDGE, COMPETENCY, OR OTHER ASPECT WHATSOEVER OF ANY CUSTOMER.

3.15. YOU UNDERSTAND, ACKNOWLEDGE, ACCEPT AND AGREE THAT:
(1) YOU ARE SOLELY RESPONSIBLE FOR PROCURING, PROVIDING, OPERATING, MANAGING, SUPERVISING, MAINTAINING AND USING ALL PERSONNEL, CONTRACTORS, LABOR, SUPPLIERS, TOOLS, EQUIPMENT, TRAINING, CERTIFICATIONS, SUPPLIES, MATERIALS, CREDENTIALS, PERMITS AND LICENSES FOR ANY SERVICES CONTRACT (UNLESS YOU HAVE MADE OTHER ARRANGEMENTS WITH THE CUSTOMER),
(2) HOUSE FLY DOES NOT PROCURE, PROVIDE, OPERATE, MAINTAIN, MANAGE, SUPERVISE OR USE (AND IS NOT RESPONSIBLE TO YOU OR THE CUSTOMER FOR PROCURING, PROVIDING, OPERATING, MANAGING, SUPERVISING, MAINTAINING OR USING) ANY PERSONNEL, CONTRACTORS, LABOR, SUPPLIERS, TOOLS, EQUIPMENT, TRAINING, CERTIFICATIONS, SUPPLIES, MATERIALS, CREDENTIALS, PERMITS AND LICENSES FOR ANY SERVICES CONTRACT,
(3) HOUSE FLY DOES NOT CONTROL ANY OF THE MEANS OR METHODS BY WHICH YOU, OR ANY OF YOU AND YOUR INTERESTS, PERFORM ANY LISTED SERVICE OR THE SEQUENCE IN WHICH YOU, OR ANY OF YOU AND YOUR INTERESTS, PERFORM ANY LISTED SERVICE OR TWO OR MORE LISTED SERVICES; AND,
(4) HOUSE FLY DOES NOT OWN OR CONTROL THE SUBJECT HOME/PROPERTY OR ANY PREMISE OR EQUIPMENT USED BY YOU OR THE CUSTOMER TO BUILD, CONSTRUCT, ASSEMBLE, STAGE, PREPARE, HOUSE, STORE, HOLD, SHIP OR DELIVER ANY WORK OR MATERIALS OR TO OTHERWISE PERFORM THE SERVICES CONTRACT.

3.16. HOUSE FLY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING YOUR OR THE CUSTOMER’S DUTY, RESPONSIBILITY OR OTHER OBLIGATION TO PROCURE, PROVIDE, OPERATE, MANAGE, SUPERVISE, MAINTAIN OR USE ANY AND ALL PERSONNEL, CONTRACTORS, SUPPLIERS, TOOLS, EQUIPMENT, SUPPLIES AND MATERIALS NECESSARY FOR THE PROVISION, DELIVERY OR COMPLETION OF ANY LISTED SERVICES, AND HOUSE FLY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE MEANS OR METHODS BY WHICH YOU PERFORM (OR THE CUSTOMER ASKS YOU OR DIRECTS YOU TO PERFORM) THE LISTED SERVICE OR THE SEQUENCE IN WHICH YOU PERFORM (OR THE CUSTOMER ASKS YOU OR DIRECTS YOU TO PERFORM) THE LISTED SERVICE OR TWO OR MORE LISTED SERVICES.

3.17. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE FLY IS NOT RESPONSIBLE OR LIABLE WHATSOEVER FOR (AND HOUSE FLY DOES NOT ENDORSE, APPROVE OR GUARANTEE, AND HOUSE FLY HEREBY DISCLAIMS) ANY STATEMENTS, COMMENTS, PROFILES, REVIEWS, ENDORSEMENTS, FEEDBACK, RANKINGS OR RATINGS MADE BY CUSTOMERS ABOUT YOU, OR ANY OF YOU AND YOUR INTERESTS, OR ANY COMPILATIONS THEREOF OR METRICES BASED THEREON.

3.18. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT HOUSE FLY DOES NOT RESTRICT YOU, OR ANY OF YOU AND YOUR INTERESTS, IN ANY WAY FROM WORKING FOR (1) THE CUSTOMER OUTSIDE THE HOUSE FLY PLATFORM, (2) OTHER COMPETING WEBSITES, (3) ANY GENERAL OR OTHER CONTRACTORS OR (4) ANY HOMEOWNERS OR CUSTOMERS.

3.19. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT USING THE HOUSE FLY PLATFORM DOES NOT GUARANTEE, ASSURE OR OTHERWISE MEAN (AND HOUSE FLY NEITHER MAKES NOR GIVES ANY PROMISES OR OTHER AGREEMENT TO YOU WHATSOEVER: (1) THAT ANY CUSTOMER WILL CHOOSE TO ENGAGE WITH YOU FOR THE PROVISION, PERFORMANCE OR DELIVERY OF LISTED SERVICES OR (2) THAT ANY CUSTOMER WILL DO BUSINESS WITH YOU.

3.20. HOUSE FLY, TO THE FULLEST EXTENT PERMITTED BY LAW, IS (1) NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF YOU, ANY OTHER SERVICE PROVIDERS, OR ANY CUSTOMERS, AND (2) NOT LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR LOSSES THAT ARE CAUSED BY OR THAT MIGHT ARISE OUT OF THE SERVICES CONTRACT OR YOUR PROVISION, PERFORMANCE OR DELIVERY OF (OR YOUR FAILURE TO PROVIDE, PERFORM OR DELIVER) ANY LISTED SERVICES.

3.21. TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSE FLY IS NOT RESPONSIBLE FOR (AND YOU ARE HEREBY SOLELY RESPONSIBLE FOR) ANY LEGAL ACTION OR OTHER CLAIM THAT MAY BE INSTITUTED AGAINST YOU FOR ANY ENDORSEMENT, REVIEW, RANKING, RATING, COMMENT, FEEDBACK OR OTHER MATERIAL, IMAGE, PICTURE, VIDEO, INFORMATION, MEDIA OR CONTENT THAT YOU, OR ANY PERSON USING OR ACCESSING YOUR ACCOUNT, CREATES, AUTHORS, MAKES, REPRODUCES, COPIES, UPLOADS, DOWNLOADS, PROVIDES, POSTS, ENTERS, SUBMITS, DELIVERS, DISTRIBUTES, SENDS, PUBLISHES, DISPLAYS, PERFORMS, TRANSMITS, BROADCASTS, COMMUNICATES OR OTHERWISE MAKES AVAILABLE IN, ON, BY, THROUGH OR TO THE HOUSE FLY PLATFORM.

3.22. IF YOU AND YOUR INTERESTS DO NOT HAVE THE QUALIFICATIONS, SKILLS, LICENSES, EXPERIENCE, COMPETENCY, KNOWLEDGE, TRAINING, CERTIFICATIONS, ABILITY OR OTHER CREDENTIALS WHATSOEVER REQUIRED BY LAW, RULE, REGULATION, ORDINANCE, DECREE OR OTHER GOVERNMENTAL ORDER OR DO NOT HAVE THE QUALIFICATIONS, SKILLS, CAPACITY, COMPETENCY, KNOWLEDGE, EXPERIENCE, CREDENTIALS, LICENSES, CERTIFICATIONS OR ABILITY TO PROVIDE, PERFORM AND DELIVER THE LISTED SERVICES OR PERFORM THE SERVICES CONTRACT, THEN THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IS A RISK THAT YOU TAKE AND IS NOT A RISK ASSUMED OR BORN BY HOUSE FLY AND IS NOT A RISK FOR WHICH HOUSE FLY IS RESPONSIBLE OR LIABLE. IF YOU UTILIZE UNQUALIFIED, UNSKILLED, UNLICENSED, UNTRAINED OR INCOMPETENT LABOR, PERSONNEL, CONTRACTORS, SUBCONTRACTORS OR SUPPLIERS TO ASSIST WITH OR OTHERWISE WHOLLY OR PARTIALLY PROVIDE A LISTED SERVICE OR SERVICES CONTRACT, HOUSE FLY HAS NO, AND ASSUMES NO, RESPONSIBILITY WHATSOEVER.

3.23. IF THE CUSTOMER DOES NOT HAVE THE POWER, RIGHTS AND AUTHORITY FOR YOU AND YOUR INTERESTS TO ENTER UPON (AND TO DELIVER AND OTHERWISE PERFORM THE LISTED SERVICES AND THE SERVICES CONTRACT ON, AT AND TO) THE SUBJECT HOME/PROPERTY, THEN THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IS A RISK THAT YOU TAKE AND IS NOT A RISK ASSUMED OR BORN BY HOUSE FLY AND IS NOT A RISK FOR WHICH HOUSE FLY IS RESPONSIBLE OR LIABLE.

3.24. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE, ACQUIT AND FORGIVE ALL OF THE HOUSE FLY GROUP FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (WHETHER ACTUAL OR CONSEQUENTIAL, AND WHETHER FORESEEABLE OR UNFORESEEABLE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CAUSED BY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY SERVICES CONTRACT OR ANY PROVISION, PERFORMANCE OR DELIVERY OF (OR FAILURE TO PROVIDE, PERFORM OR DELIVER) ANY LISTED SERVICES FOR ANY CUSTOMER. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY LEGAL OR EQUITABLE REMEDY OR CLAIM THAT YOU SEEK TO OBTAIN FOR ACTIONS OR OMISSIONS OF CUSTOMERS, OTHER SERVICE PROVIDERS OR THIRD PARTIES WILL BE LIMITED TO A CLAIM AGAINST THOSE PARTICULAR CUSTOMERS, OTHER SERVICE PROVIDERS OR THIRD PARTIES AND NOT AGAINST THE HOUSE FLY GROUP.

3.25. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES, IF ANY, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

3.26. As used anywhere above in this Section 3, the term “FAILURE TO PROVIDE, PERFORM OR DELIVER” means, in addition to its ordinary meaning, the following: DEFECTIVE, FAULTY, FLAWED, REDHIBITORY, INCOMPLETE, PARTIAL, INCORRECT, SHODDY, ERRONEOUS, UNSAFE OR DELAYED PROVISION, PERFORMANCE OR DELIVERY.

3.27. As a Service Provider, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers’ compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify House Fly Group from any losses resulting from the conduct, acts, or omissions of You and Your Interests.

3.28. As a Service Provider, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate general liability insurance. HOUSE FLY REQUIRES ALL SERVICE PROVIDERS TO MAINTAIN GENERAL LIABILITY INSURANCE THROUGHOUT THE DURATION OF THEIR USE OF THE HOUSE FLY PLATFORM. ADDITIONALLY, SERVICE PROVIDERS MUST ADD “HOUSE FLY HOME SERVICES, INC.” AS AN ADDITIONAL INSURED ON THEIR GENERAL LIABILITY INSURANCE POLICY. THE INSURANCE POLICY SHALL PROVIDE COVERAGE LIMITS OF NO LESS THAN $1,000,000 PER OCCURRENCE AND $2,000,000 IN AGGREGATE. Upon request, service providers shall provide House Fly with a certificate of insurance that verifies their compliance with these requirements. Failure to maintain the required insurance coverage and/or provide proof of insurance may result in suspension or termination of the service provider’s use of the House Fly platform. It is important to note that the specific details of the insurance requirements and limits may vary based on the needs and policies of House Fly, and any applicable laws and regulations. You also agree that we have no obligation whatsoever to monitor, determine, verify or otherwise confirm that you are complying with this condition and that it is your sole responsibility to comply with this condition.

3.29. You agree to pay and provide (and you assume full and sole responsibility for the payment and provision of) all wages, salaries, compensation, fees, benefits and expenses of You and Your Interests, if any, and for all required and applicable state and federal income tax withholdings for all such Persons engaged by you in the performance of the Listed Services or the Services Contract.

3.30. Unless you have made other arrangements with the Customer, you are solely responsible for any costs or expenses incurred by you in connection with the performance of the Listed Services or the Services Contract. In no event shall House Fly, to the fullest extent permitted by law, reimburse, or be required to reimburse, you for any labor, personnel, equipment, insurance, supplies, tools, other materials, costs or expenses used in connection with the Listed Services. Unless you have made other arrangements with the Customer, you shall furnish and maintain, at your own expense, the labor, personnel, equipment, insurance, supplies, tools, and other materials used to perform the Listed Services or the Services Contract. Unless you have made other arrangements with the Customer, you, at your sole discretion, shall determine what labor, personnel, equipment, insurance, supplies, tools, and other materials are necessary to perform the Listed Services or the Services Contract, and where, when, and at what cost, to purchase or maintain any necessary labor, personnel, equipment, insurance, supplies, tools, and other materials.

3.31. You represent, warrant, and agree that: (i) you will not make or enter into any contract, agreement, commitment or undertaking with a Customer that is in conflict with, or is inconsistent with, your obligations under (or would cause to or lead you to violate or breach your obligations under) these Terms of Service; (ii) you will not make or enter into any contract, agreement, commitment or undertaking with a Customer that is in conflict with, or is inconsistent with, the Customer’s obligations to House Fly (or would cause to or lead the Customer to violate or breach the Customer’s obligations to House Fly); (iii) you will fully and faithfully perform your promises and other obligations under each Services Contract that you make with a Customer; (iv) unless you have made other arrangements with the Customer, you are solely responsible for obtaining the necessary licenses, permits and/or certifications for delivery and performance of the Listed Services; (v) you will not transfer, assign or sell your Account to any other party; (vi) to the fullest extent permitted by law, you will be solely responsible for any and all liability that results from or is alleged as a result of your performance of, failure to provide, or cancellation of Listed Services, including, but not limited to personal injuries, bodily injuries, death and property damages; (vii) You and Your Interests will comply with all federal, state and local laws, rules, regulations, orders and decrees while delivering or providing Listed Services or performing the Services Contract, and you will be solely responsible for any violations of, or otherwise noncompliance with, such provisions; (viii) you will pay all applicable federal, state and local taxes based on your delivery or provision of Listed Services or performing the Services Contract and any payments received by you or payments you make to any of You and Your Interests; (ix) You and Your Interests will not deceive or defraud or attempt to deceive or defraud House Fly or a Customer in connection with your performance of, failure to provide, or cancellation of Listed Services and you will not otherwise engage in any criminal, deceptive or fraudulent activity or conspiracy; and (x) you will not implement or participate in any payment method other than that described under Section 6 of these Terms of Service governing Billing and Fee Structure, or engage in any other activity in a manner that is inconsistent with your obligations under these Terms of Service.

3.32. As to each home, residence, premise, building, fence, structure, land, landscaping, site or other property on which or for which you provide or agree to provide any goods or services in or under a Services Contract that you make with that Customer (the “Subject Home/Property”), you also represent and warrant: (a) that you have all necessary power, authority and right to make said Services Contract with respect to said Subject Home/Property; (b) that you have all necessary power, authority and right to make, or have made, the repairs, maintenance, renovations, improvements, demolitions, constructions, installations, changes, modifications or other work (collectively, “Repairs & Work”) to the Subject Home/Property as such Repairs & Work are described in, or otherwise required by, said Services Contract; (c) you and the Customer have obtained and hold all necessary licenses, credentials, permits consents, approvals, waivers, permissions and other authorizations from any and all governmental authorities and other third parties (including, without limitation, any mortgage companies, lien-holders, financial institutions, co-owners, joint owners, landlords, lessors, roommates, or other Persons); (d) that your entering into, executing and otherwise performing said Services Contract is not in conflict with, and is not inconsistent with, any agreement, contract, commitment or other undertaking which you have made or will make; and (e) that the Subject Home/Property is entirely located within the United States of America.

3.33. You understand and agree that whether or not House Fly conducts a Professional Background Check on you or any of You and Your Interests is solely for House Fly’s own benefit and not for your benefit, reliance or use. You further understand and agree that you cannot and will not rely in any way whatsoever: (1) on House Fly conducting a Professional Background Check (or on House Fly updating or conducting a supplemental, subsequent or additional Professional Background Check) on you or any of You and Your Interests; or (2) on any Professional Background Check information made available to you. To be clear the forgoing applies even: (a) when you look for or consider any Listed Services; (b) when you enter into a Services Contract; or, (c) at any other time when you use or access the House Fly Platform. The term “Professional Background Check”, in addition to its ordinary meaning, means checking, investigating, reviewing, determining, confirming or verifying any qualifications, licenses, credentials, permits, certifications, knowledge, education, training, experience, competency, credit or other relevant criteria.

3.34. You understand and agree that whether or not House Fly conducts a Customer Background Check on any Customer is solely for House Fly’s own benefit and not for your benefit, reliance or use. You further understand and agree that you cannot and will not rely in any way whatsoever: (1) on House Fly conducting a Customer Background Check (or on House Fly updating or conducting a supplemental, subsequent or additional Customer Background Check) on any Customer; (2) on any Customer Background Check information made available to you; or (3) on House Fly taking any action to remove, suspend or cancel any Customer’s access to or use of the House Fly Platform (whether to connect with you, to form a Services Contract with you or to do anything with you). To be clear the forgoing applies even: (a) when you look for or consider any Customers or any provision of Listed Services; (b) when you enter into a Services Contract; or, (c) at any other time when you use or access the House Fly Platform. The term “Customer Background Check”, in addition to its ordinary meaning, means checking, investigating, reviewing, determining, confirming or verifying any condition, personality, credit-worthiness, financial status, employment, history, identity, character, knowledge, competency or other aspect of any Customer.

3.35. Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses (including, without limitation, attorney’s fees, expert fees, and investigatory fees), salary and other labor charges incurred by House Fly in connection with: (1) the resolution of any property damage, liens or other claims resulting from the Services Contract or your provision of Listed Services for a Customer or (2) responding to any subpoena, discovery, process, investigation or other judicial or governmental proceeding or action, and (ii) that House Fly shall have the right to suspend your Account until it has received payment in full for all such reimbursable amounts. You hereby authorize us to charge your credit card (or debit card or other payment method stored on file) for such reimbursable amounts. To be clear, to the fullest extent permitted by law, House Fly has no obligation to you to resolve or assist, or become involved in any way in any dispute between you and a Customer or any of You and Your Interests.

4. PROHIBITIONS

You represent, warrant, and agree that you will not:
o Use an Account of any Other Service Provider;
o Misrepresent yourself or your Listed Services offered through the House Fly Platform, misrepresent your identity or qualifications, misrepresent a project, job, work, renovations, constructions, services or other information in a quote or other communication or in any Services Contract, or post Listed Services in any inappropriate category or areas on the House Fly Platform;
o Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the House Fly Platform for any purpose;
o Use any manual process to monitor or copy any of the material on the House Fly Platform or for any other unauthorized purpose without our prior written consent.
o Use any device, software or routine that interferes with the proper working of the House Fly Platform.
o Introduce any viruses, trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful to House Fly, Customers, or Other Service Providers.
o Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the House Fly Platform, the servers on which the House Fly Platform is stored, or any server, computer or database connected to the House Fly Platform.
o Attack the House Fly Platform via a denial-of-service attack or a distributed denial-of-service attack.
o Take any other action that may unreasonably encumber the House Fly Platform’s infrastructure; bypasses measures that are used to prevent or restrict access to the House Fly Platform; or circumvents, disables or otherwise interferes with security features of the House Fly Platform;
o Use or access the House Fly Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
o Use or access the House Fly Platform in any manner that circumvents your obligation to pay House Fly for use to, access to, or participation in the House Fly Platform;
o “Sell” any “personal information” (as such terms are defined by the California Consumer Privacy Act), including but not limited to information related to Customers or Other Service Providers;
o Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the House Fly Platform, or use the communication systems provided by the House Fly Platform for any reason not explicitly authorized by these Terms of Service;
o Take any inappropriate or unlawful actions, including, without limitation, the following: the submission of inappropriate or unlawful content to or through the House Fly Platform, including content that is harassing, hateful, illegal, profane, obscene, lewd, lascivious, filthy, excessively violent, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity; conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any federal, state or local law, rule, regulation, order or decree;
o Advertise or solicit a service not related to or appropriate for the House Fly Platform including, but not limited to any Excluded Services;
o Take any action that damages the experience of any Customer with the House Fly Platform including but not limited to (a) requesting the Customer download any non-House Fly mobile applications and/or links that direct the Customer to mirrored websites where the Customer must enter information that has already been entered through the House Fly Platform for an existing Services Contract, (b) offering for Customers to purchase any Excluded Services through the House Fly Platform, or (c) using any Account to promote any Excluded Services;
o Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
o Use or access the House Fly Platform to make any employment, credit, credit valuation, underwriting or other similar decision about a Customer or any other Person;
o Fail to perform Listed Services as promised, unless 1) the Customer fails to materially meet the terms of the mutually agreed-upon Services Contract, 2) the Customer refuses to pay, 3) a clear typographical error is made, or 4) you cannot authenticate the Customer’s identity;
o Engage in any fraudulent or deceptive conduct, or engage in any unfair trade practices;
o Solicit Customers to use any other payment methods other than the Billing and Fee Structure; or use the House Fly Platform in any way that circumvents or manipulates any Billing and Fee Structure;
o Request or otherwise negotiate a price for a Listed Service with no intention of following through with your provision of the Listed Service;
o Agree to perform a Listed Service when you do not meet a Customer’s requirements;
o Use the House Fly Platform to connect with Customers to engage in the provision of any Excluded Services;
o Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the House Fly Platform; and
o Attempt to do anything in furtherance of, indirectly undertake, conspire to do or orchestrate any of the foregoing.
o Use the House Fly Platform outside the state of Louisiana. House Fly is intended for use only within the state of Louisiana. Any use of our software outside the state of Louisiana is a violation of our terms of service. By using our platform, you represent and warrant that you are located within the state of Louisiana, and that you will only use our software within the state of Louisiana.

5. INTELLECTUAL PROPERTY

5.1. House Fly Proprietary Property

“Intellectual Property”, in addition to its ordinary meaning, includes things such as patents, trade secrets, trademarks, copyrights and other proprietary rights, as well as all applications and rights to apply for such things and all rights to renew, maintain, defend and enforce such things. Among other rights reserved, we reserve all rights to preserve our Intellectual Property and the integrity and value of our Intellectual Property. The term HOUSE FLY is a tradename, trademark and service mark of House Fly and makes up part of the “House Fly Marks” (which term describes all of our registered and unregistered trademarks, service marks, logos, designs, slogans, brands, brand names, trade dress and trade names as well as other distinctive identification used on or in connection with our websites and content). “House Fly Content” refers to any works of authorship or other content which we own, or which has been licensed to us, including but not limited to, our brochures, policies, procedures, protocols, videos, services, text or other information. Some of our House Fly Content are protected by copyright and may, in some cases, be registered with the U.S. Copyright Office and/or be protected by other proprietary rights.

The term House Fly Proprietary Property describes any or all of (as well as the Intellectual Property rights to) the House Fly Marks, House Fly Content, and our House Fly Platform. It also includes (and also includes the Intellectual Property rights to) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, innovations, ideas, concepts, logos, button icons, applications, look and feel, and arrangement of or in our websites and content. Note that any overlap among the definitions of House Fly Proprietary Property, House Fly Marks, House Fly Content, or House Fly Platform expands and does not limit the definitions of those terms. With this in mind, you agree that we and/or our licensors (and so not you) own the House Fly Proprietary Property. All applicable laws apply and protect the House Fly Proprietary Property. Any unlawful act to modify or distribute it by or through you (whether through the use of or access to your Account, personal login information or otherwise) or any misuse of the House Fly Marks or other House Fly Proprietary Property is a material breach of these Terms of Service. Except as expressly allowed by law, you agree not to be involved with any efforts to alter, remove, obscure, mutilate, or conceal any (or any proprietary legends, labels, credits or notices for) House Fly Marks or other House Fly Proprietary Property.

By establishing an Account and fully complying with these Terms of Service, we grant you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the House Fly Platform (“House Fly License”). Many areas on the House Fly Platform require that you have an Account prior to access and use. Your strict compliance with these Terms of Service is a condition of the House Fly License, and, among other of our rights and remedies, we may limit, suspend or terminate your House Fly License (as well as your Account or any access to or use of the House Fly Platform) if you do not do so; and, we may so limit, suspend or terminate your House Fly License (as well as your Account or any access to or use of the House Fly Platform) without notice to you. House Fly hereby expressly reserves any and all licenses and rights not explicitly granted to you in these Terms of Service. To the fullest extent permitted by law, title to all House Fly Content and other House Fly Proprietary Property remains with House Fly.

We may, at any time, Modify the availability of House Fly Content or other House Fly Proprietary Property. We do not have any obligation whatsoever to you to continue to provide, support or maintain House Fly Content or other House Fly Proprietary Property.

Unless otherwise expressly stated in these Terms of Service, we do not grant you any license or right whatsoever to do any of the following with House Fly Proprietary Property: (A) modify or distribute it; (B) remove or alter any copyright, trademark or other proprietary notices, legends, credits or labels on it; (C) operate a website or other service displaying, performing, executing or otherwise using any of it; (D) use it for any unauthorized, criminal, fraudulent or illegal purpose or activity; (E) interfere with the proper functioning of it (including, but not limited to, the transmission of any bug, virus, exploit, or other limiting, malicious, disrupting, or disabling instruction, software, or malware); (F) interfere with any Customer or Other Service Provider’s lawful access to, use of, or enjoyment of it; (G) interfere with House Fly’s operation or management of it; (H) interfere with any security-related or privacy functions or features of it; (I) interfere with any functions or features that secure, restrict, or otherwise manage use of or access to it (including, without limitation, any license management functions or features); or, (J) challenge or otherwise contest the ownership, validity or enforceability of copyright or other Intellectual Property of House Fly and its licensors to it. If you or your associates do any of (A) through (J), inclusive, above, such action is also a violation and breach of these Terms of Service (and, among other rights and remedies, we may then limit, suspend or terminate your House Fly License as well as your Account as well as your access to or use of the House Fly Platform) unless applicable law clearly provides you with, and you promptly provide us with a written demand clearly explaining, your right or defense to do so.

As used above, the phrase “modify or distribute” means, in addition to its ordinary meaning, modify, translate, adapt, edit, change, create derivative works of, copy, reproduce, distribute, circulate, broadcast, publish, disseminate, transmit, market, perform, lease, rent, sell, resell, sublicense, clone, disassemble, decompile, reverse engineer or otherwise transfer; and, it also means upload, post, publish, display, distribute or otherwise disseminate on public bulletin boards, chatrooms, blogs, social media walls or other like media. As used above, the phrase “interfere with”, in addition to its ordinary meaning, means compromise, prevent, prohibit, restrict, limit, disable, circumvent, disengage, impede, restrict, meddle with, tamper with, sabotage, disable, corrupt, or disrupt.

The restrictions on you and the protections provided to us in this Section 5.1 are in addition to, and not in limitation of, any other restrictions on you or protections provided to us in any other provisions of these Terms of Service.

5.2. User (You, Customer, or Other Service Provider) Ratings or Contributions

5.2.1. The House Fly Platform may provide a means for you and Other Service Providers to endorse, review, rate, rank, comment on or provide feedback on any one or more of the following: (a) Customers; (b) the Customer’s requesting of Listed Services; or (c) the Customer’s payment or failure to pay for any Listed Services (collectively, “User Contributions”). At any time, and without prior notice to you, House Fly may alter, change or remove the means by which the House Fly Platform allows you and Other Service Providers to provide User Contributions or the means or methods by which House Fly compiles such information or prepares or generates any metrics based thereon. At any time, and without prior notice to you, House Fly reserves the right to take any action voluntarily and in good faith to restrict access to or availability of all User Contributions (1) that are in violation (or are an anticipatory or threatened violation) of these Terms of Service; or (2) that House Fly considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable. Also, while House Fly reserves such right, you understand, acknowledge and accept for all purposes, and also agree, that House Fly has no obligation whatsoever to you: (i) to exercise such right; or, (ii) to restrict access to or availability of some or all of the User Contributions.

Any User Contributions may contain links to third-party websites, offers, or other events or activities not owned or controlled by House Fly. We do not endorse or assume any responsibility whatsoever for any such links, and if you click-through or otherwise access such websites, offers, or other events or activities, you do so at your own risk.

5.2.2. You irrevocably, absolutely and unconditionally understand, acknowledge and accept for all purposes, and also agree, that House Fly has the right, but not the obligation, to permit each Customer to endorse, review, rate, rank, comment on or provide feedback on any one or more of the following: (a) you or the mode or manner (including, without limitation, the pleasantness of, brusqueness of or difficulties in the manner) in which you cooperated or interacted with the Customer; (b) your performance, delayed performance or otherwise failures in performance of any one or more Services Contract; or, (c) your personnel, contractors, labor, suppliers, tools, equipment, training, certifications, supplies, materials, credentials, permits and licenses (collectively, “Customer Commentary”). To the fullest extent permitted by law, you further irrevocably, absolutely and unconditionally understand, acknowledge and accept for all purposes, and also agree, as follows: (1) that you have no right whatsoever to have such Customer Commentary removed, deleted, corrected or changed; and, (2) that House Fly may allow all or any of such Customer Commentary to be accessed by any or all Customers or by other Persons.

5.2.3. The provisions of Sections 5.2.1 and 5.2.2 survive any termination, expiration, rescission, dissolution, cancellation or otherwise end to these Terms of Service between you and House Fly.

5.3. Data Rights

Except as otherwise required by law, if your Account is terminated or otherwise closed for any reason, you will no longer have access to data, metadata, messages, files, communications, documents, information or other material or content about you, about your Services Contracts, about the Customers you contracted with or considered, about your use of or access to the House Fly Platform or about any other information you stored, accumulated or have kept on the House Fly Platform (collectively “Account Data and Usage Information”) and any termination or otherwise closure of your Account may involve deletion of any or all Account Data and Usage Information for which House Fly will have no liability whatsoever. To the fullest extent permitted by law, you hereby irrevocably, absolutely and unconditionally agree that House Fly, in its sole discretion and as permitted or required by law, may retain, use and allow other Persons to use some or all of the Account Data and Usage Information. This Section 5.3 shall survive any termination, expiration, rescission, dissolution, cancellation or otherwise end of these Terms of Service between you and House Fly.

5.4. IP Rights Infringement Reporting Policy

Our company takes the protection of our intellectual property (IP) very seriously. If you believe that your IP rights have been infringed by content available on our website, platform, or through our services, please notify us immediately.

To report a potential IP rights infringement, please send a written notice to House Fly by certified mail, postage prepaid and return receipt requested (“US Mail CM/RRR”) to:

House Fly Home Services, Inc.
ATTN:IP Rights Infringement
7041 Canal Blvd. Ste 504
New Orleans, LA 70124

with a copy emailed to Legal@HouseFly.com

Your notice should include the following information:
• A description of the copyrighted work or other IP that you claim has been infringed
• A description of the infringing material and its location on our website, platform, or through our services
• Your contact information, including your name, address, telephone number, and email address
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

We will review all notices of alleged IP rights infringement and take appropriate action as required by law. Please note that it is our policy to terminate the access rights of users who repeatedly infringe the IP rights of others.

6. BILLING, FEE STRUCTURE, DURATIONS, CANCELLATIONS, PAYMENT DISPUTES, AND WARRANTY

6.1. Payment In Advance, Acknowledged Completion and Other Payment Matters

6.1.1. The House Fly Platform facilitates payments between you and Customers through a third-party payment processor (“Payment Processor”). House Fly may enable Customers to make payments using credit, debit, or prepaid cards, by linking a bank account, or by any other payment method supported by the Payment Processor. In order to use House Fly, you must have at least one valid payment method stored on file. We reserve the right to cancel your ability to accept payments with one or more of the payment methods you have authorized in our sole and absolute discretion. House Fly is not a party to any such payments and does not handle funds as your agent or otherwise on behalf of you; and, House Fly’s only obligation to pay you or hold the funds is as stated and limited by the “Acknowledged Completion” provisions below. The Customer (not House Fly) is obligated to pay, in advance, for those Listed Services to be performed by you where such Listed Services are scheduled or purchased through the House Fly Platform to form a Services Contract. The Customer’s credit card (or debit card or other payment method stored on file) will be promptly charged or debited according to the payment amount set out in the Services Contract between You and the Customer. We will notify you when the charge or debit has been processed; however, House Fly neither guarantees nor makes any other promises whatsoever that the Customer will not reverse, rescind, cancel or otherwise void such charge or debit. You, not House Fly, bare the risk if the Customer reverses, rescinds, Cancels or otherwise voids such charge or debit.

Subject to any action by the Customer to reverse, rescind, cancel or otherwise void the Customer’s payment, the funds paid by the Customer (less the Service Provider Facilitation Fee and the Customer Booking Fee) will be held in a House Fly bank account (which bank account is not dedicated to or for you and which bank account may hold monies paid by other Customers or other monies of House Fly) until Acknowledged Completion of the Listed Services in the Services Contract. YOU UNDERSTAND AND AGREE: (A) THAT YOU HAVE NO RIGHT, CLAIM OR INTEREST WHATSOEVER IN OR TO THAT BANK ACCOUNT; AND, (B) THAT NEITHER YOU NOR THE CUSTOMER ARE ENTITLED TO ANY INTEREST ON FUNDS HELD AT ANY TIME BY HOUSE FLY GROUP. YOU FURTHER UNDERSTAND AND AGREE THAT ANY INTEREST ACCRUED ON ANY OF THE FUNDS HELD BY HOUSE FLY GROUP IS OWNED BY HOUSE FLY GROUP AND SOLELY FOR THE BENEFIT OF THE HOUSE FLY GROUP.

6.1.2. If the Listed Service is for a Recurring Service, the Customer is obligated to pay, in advance when the Service Contract is made, for the first episode of that Recurring Service; and, the Customer’s credit card (or debit card or other payment method stored on file) will be promptly charged or debited for that amount according to the payment amount set out in the Services Contract between You and the Customer plus the Facilitation Fee. After a service is completed and before the then next episode of a Recurring Service, the Customer is obligated to pay, in advance for that next episode of that Recurring Service; and, the Customer’s credit card (or debit card or other payment method stored on file) will be promptly charged or debited for the amount for that episode as the payment amount is set out in the Services Contract between You and the Customer plus the Facilitation Fee. We will notify you when the charge or debit has been processed; however, House Fly neither guarantees nor makes any other promises whatsoever that the Customer will not reverse, rescind, cancel or otherwise void such charge or debit. You, not House Fly, bare the risk if the Customer reverses, rescinds, Cancels or otherwise voids such charge or debit. A “Recurring Service” is a Listed Service that recurs for each Recurring Period during the term of that Listed Service. For example, a Listed Service to provide cleaning once a month for twelve months could be a “Recurring Service”. A “Recurring Period” means weekly, bi-weekly or monthly unless a different period is specified for the Listed Service. Each episode of a Recurring Service is hereby agreed and deemed to be a separate and independent Services Contract and, for the avoidance of doubt, a Recurring Service is not one Services Contract for all of the episodes of the Recurring Service.

6.1.3. The Service Provider Facilitation Fee is fully earned by House Fly when the Services Contract is made and is not refundable. To be clear, whether you perform, or fail to perform, the Services Contract or there arises other issues or problems with the work or services done or not done (or with work or services defectively done) by you, the Service Provider Facilitation Fee is fully earned by House Fly when the Services Contract is made. For the avoidance of doubt, the phrase “with work or services defectively done” means, in addition to its ordinary meaning, work or services which are defective, faulty, flawed, redhibitory, incomplete, partial, incorrect, shoddy, erroneous or delayed.

6.1.4. “Acknowledged Completion” occurs as follows: (1) you notify House Fly (using and in accordance with the rules of the House Fly Platform) that the Listed Services have been completed (the “Request for Payment”); (2) unless house Fly has already received a notice from the Customer requesting a whole or partial refund claiming that you have breached or otherwise not fully performed the Listed Services or the Services Contract (a “Refund for Breach Request”), House Fly will notify the Customer through the platform and/or send the Customer an email (the “Completion Email”) notifying the Customer that you have indicated that you have completed the Listed Services and are requesting payment; and, (3) if, within 48 hours of House Fly notifying the Customer and/or sending that Completion Email to the Customer, House Fly has not received a Dispute from the Customer stating either that the Listed Services are not yet complete or that you have breached or not fully performed the Services Contract (a “Disputed Reply”), House Fly will pay you (less the Customer Booking Fee, which is paid to House Fly) whatever funds the Customer delivered to House Fly for those Listed Services (the “Remaining Funds”). To be clear, if you fail to submit the Request for Payment, House Fly will not and has no responsibly whatsoever to pay you any Remaining Funds, and you alone bear the loss of the Remaining Funds. Further, if the Customer has submitted a Refund for Breach Request or submits any Disputed Reply within 48 hours of the Service Provider’s Acknowledged Completion, you have no right whatsoever to the receipt of any Remaining Funds that House Fly would have paid you until the Disputed Reply has been resolved, as set out in Section 6.4. House Fly has no obligation to you whatsoever to confirm, determine, investigate or otherwise verify whether you have performed the Listed Services or otherwise performed the Services Contract. IT IS YOUR RESPONSIBILITY AND OBLIGATION TO FULLY PERFORM THE LISTED SERVICES AND OTHERWISE PERFORM UNDER THE SERVICES CONTRACT. YOU BEAR THE RISK IF YOU DO NOT PERFORM THE LISTED SERVICES AND OTHERWISE PERFORM UNDER THE SERVICES CONTRACT.

6.1.5. If the Customer timely sends a Refund for Breach Request or a Disputed Reply to House Fly, House Fly will pay the Remaining Funds and the Customer Booking Fee to the Customer and/or to you per: (1) the joint written instructions of you and the Customer; (2) the provisions of Section 6.4; or (3) the provisions of Section 10. The Service Provider Facilitation Fee is not a part of the Remaining Funds or the Customer Booking Fee.

6.1.6. House Fly is entitled to use the last email address on file in your Account.

6.1.7. All information you provide in connection with the performance of Listed Services must be accurate, complete, and current. Any payment for Listed Services which are the subject of a Services Contract with a Customer must be made through the House Fly Platform. We may refund or credit the Customer’s credit card (or debit card or other payment method stored on file) as per (a) Section 6.1.1; (b) Section 6.1.2; (c) Section 6.1.5; (d) at our sole discretion, as a result of specific promotions, or to correct any errors we have made; (e) in accordance with the Section 6.3 (Cancellation); or (f) in accordance with the Section 6.4 (Dispute).

6.1.8. The price and of the Listed Services will be as quoted by you on the House Fly Platform from time to time, except that, in cases of obvious error, you will not hold the Customer to an obviously erroneous price, but rather the correct lower price. Although your prices may be liable to change at any time, the changes will not affect Services Contracts already consummated. Some of the Listed Services listed on the House Fly Platform may be, due to a direct and sole error of House Fly, incorrectly priced or otherwise incorrectly stated. House Fly is not responsible for pricing errors caused or due in whole or in part by you. HOUSE FLY EXPRESSLY RESERVES THE RIGHT, BUT HAS NO OBLIGATION TO YOU, TO SEEK TO CORRECT WITH CUSTOMER ANY PRICING ERROR FOR WHICH HOUSE FLY WAS THE DIRECT AND SOLE CAUSE OF THE PRICING ERROR. House Fly is under no obligation whatsoever to ever cause the Customer to pay you a higher or different price, rate or fee structure for the Listed Services, even after confirmation of your Services Contract.

6.1.9. In some cases, the Listed Service will require you to include a “Service Duration”, which is an estimate of time based on the average time it takes you to complete that Listed Service. A Service Duration of “1 Day” is equal to an estimated time of 8 hours. Unless the Listed Service is for a fixed amount of time, the customer should not rely on the estimated duration as a representation of the actual duration of the service. The customer acknowledges that they are paying for the service and not for the duration of the service. The customer understands that a Listed Service can take less than or greater than the estimated Service Duration, and that it does not change the price paid for the Listed Service. To be clear, if you finish a service in less than the estimated Service Duration time, you are not required to refund the customer any money, remain at the property, or perform any additional services; and if the service is not completed within the estimated Service Duration, you are required to remain at the property until the Listed Service is completed (without additional compensation).
a) The above Does Not apply to fixed time services, including but not limited to: General Help, Whole Home Cleaning, and Cleaning Packages. Fixed time services are Listed Services that the Customer does pay for both the service and duration.

6.1.10. You also acknowledge that House Fly provides you the House Fly Platform to facilitate the booking of Services Contracts for a consideration (the “Service Provider Facilitation Fee”), and you acknowledge that the Customer may also pay a fee to House Fly for or related to your booking of Service Contracts or other use of or access to the House Fly Platform (the “Customer Booking Fee”) and you further acknowledge and agree that you have no right or claim to know the amount of such Customer Booking Fee and have no right or claim to receive, to be paid, or to receive any credit whatsoever for all or any of part of such Customer Booking Fee. The price, rate or fee structure displayed on the House Fly Platform may be a combination of the price for Listed Services to be performed, and the Customer Booking Fee retained by House Fly for the use of or access to our House Fly Platform or such amounts may be stated separately for the Listed Services and for the Customer Booking Fee.

6.1.11. Should a request for payment for any chargeback, error, claim, defect, refund, Disputed Reply or other dispute (“Payment Dispute”) arise, you understand and agree that, to the fullest extent permitted by law, House Fly is not liable to you under any circumstances whatsoever for any monies owed in relation to any Payment Dispute.

6.1.12. If your actions result, or are likely to result in, a Payment Dispute or a violation of these Terms of Service, or if we determine that your Account has been used to (or an attempt has been made to ) engage in bad faith, misrepresentation, deceptive, fraudulent, or illegal activity, then we may, among other of our rights and remedies, permanently withhold any amounts owed to you in our sole and complete discretion. If you have a past due balance due for any amounts that we determine you owe House Fly, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed by Customers; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; or (d) collect payment from you by any other lawful means.

6.1.13. If House Fly is required by any federal, state or local law, rule, regulation, ordinance, decree or order to collect or withhold any sales, use, value-added or any other kind or types of tax, assessment or levy whatsoever (a “Special Tax”, but “Special Tax” does not include an income tax), or if House Fly is obligated to pay or remit to any governmental authority any such Special Tax, you hereby acknowledge and agree that House Fly has the right to do so but has no obligation to you to do so. You always remain responsible for any and all liability for paying and remitting any Special Tax.

6.1.14. Notwithstanding any other provisions of these Terms of Service, House Fly, except as prohibited by law, may refuse, in its sole discretion (and without any promise to you to refuse), to process any payments (whether due to House Fly, due to you, due to a Customer or due to another Person): (a) if, in good faith, we require or deem it prudent to obtain additional information, whether as to identity, tax status or other information whatsoever; (b) if, in good faith, we suspect you or other Persons have committed or attempted to commit fraud or other illicit or illegal acts in, on, by or through any use or access to (or as a result of using or accessing) the House Fly Platform; or (c) if, in good faith, we deem it required or prudent to do so in connection with any investigation or other action required by federal, state or local law, rule, regulation, ordinance, decree or order.

6.2. Tiered Service Provider Facilitation Fee Structure
House Fly charges fees for certain services or features. The Service Provider Facilitation Fee of Listed Services as quoted on the House Fly Platform are calculated using the following Tiered Fee Structure for each individual service:
Less than $500 = 19.99%
$500 to $2,500 = 17.99%
More than $2,500 = 15.99%

House Fly fees may be subject to change at any time and for any reason. It is your responsibility to stay informed of any changes to the fees. Where there are multiple Listed Services or where there are Recurring Services, House Fly has the right to select and apply one or more tiers in the Service Provider Facilitation Fee as House Fly, in House Fly’s complete discretion, elects to do, including, without limitation, electing to do so in manner that allows House Fly to maximize the gross Service Provider Facilitation Fee paid to House Fly.

6.3. Cancellation

6.3.1. Service Provider Cancellation Fee – Each Service Provider is able to include a Cancellation Fee into their Listed Services. Any time a Service Provider Cancels a scheduled Listed Service, the Service Provider Cancellation Fee is voided. The Service Provider Cancellation Fee only applies when a Customer Cancels a scheduled Listed Service within 24 hours of the scheduled Listed Service start time.

6.3.2. Completed Services – Once a Service Provider confirms the scheduled Listed Service has been completed, neither party to the transaction will be able to cancel the completed service.

6.3.3. Service Provider Tip – Customer cannot tip any time a service is canceled by either party.

6.3.4. Warranty – All warranties are voided any time a service is canceled by either party.

6.3.5. Listed Service Appointments Canceled before the scheduled start time
a) Cancellation by Service Provider. A Service Provider may cancel scheduled Listed Service appointments through the House Fly Platform any time before the scheduled start time, subject to the following:
1. If a Service Provider Cancels a scheduled appointment any time before the scheduled Listed Service start time, the Customer cannot leave a review.
b) Cancellation by Customer over 24 Hours before scheduled service start time. A Customer may cancel scheduled Listed Service appointments through the House Fly Platform over 24 hours before the scheduled start time, subject to the following:
1. If a Customer Cancels a scheduled appointment over 24 Hours before the scheduled Listed Service start time, the Customer cannot leave a review of the Service Provider
2. If a Customer Cancels a scheduled appointment over 24 Hours before the scheduled Listed Service start time, the Customer is not subject to the Service Provider’s Cancellation Fee
c) Cancellation by Customer under 24 Hours before scheduled service start time. A Customer may cancel scheduled Listed Service appointments through the House Fly Platform under 24 hours before the scheduled start time, subject to the following:
1. If a Customer Cancels a scheduled appointment under 24 Hours before the scheduled Listed Service start time, the Customer is subject to the Service Provider’s Cancellation Fee

6.3.6. Listed Service Appointments Canceled after the scheduled start time
a) Cancellation by Service Provider. A Service Provider may cancel scheduled Listed Service appointments through the House Fly Platform any time after the scheduled start time, subject to the following:
1. If a Service Provider Cancels a scheduled appointment any time after the scheduled Listed Service start time, the Service Provider will be required to select a whole number percent (0% – 99%) of the work that was completed at the time of Cancellation. The whole number percent of the work completed by the Service Provider will determine the amount of payment to the Service Provider for the Listed Service.
2. If a Service Provider Cancels a scheduled appointment any time after the scheduled Listed Service start time, and the Service Provider selects 0 percent of the work was completed, the Customer will not be allowed to leave a review of the Service Provider.
3. If a Service Provider Cancels a scheduled appointment any time after the scheduled Listed Service start time, and the Service Provider selects a whole number greater than 0% (1% – 99%) of the work was completed, the Customer will be allowed to leave a review of the Service Provider.
b) Cancellation by Customer. A Customer may cancel scheduled Listed Service appointments through the House Fly Platform any time after the scheduled start time, subject to the following:
1. If a Customer Cancels a scheduled appointment any time after the scheduled Listed Service start time, the Customer will be required to select a whole number percent (0% – 99%) of the work that was completed at the time of Cancellation. The whole number percent of the work completed by the Service Provider will determine the amount of payment to the Service Provider for the Listed Service. Customer is permitted to leave a review for the Service Provider
2. If a Customer Cancels a scheduled appointment any time after the scheduled Listed Service start time, the Customer is permitted to leave a review for the Service Provider.

6.3.7. Cancellation by Service Provider. PLEASE BE ADVISED THAT YOUR CANCELLATION OF ANY TWO OR MORE SCHEDULED APPOINTMENTS WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THESE TERMS OF SERVICE, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR ACCOUNT.

6.4. Dispute

6.4.1. BY USING THE HOUSE FLY PLATFORM, INCLUDING CREATING AN ACCOUNT OR SCHEDULING A LISTED SERVICE, YOU IRREVOCABLY AGREE TO BE BOUND BY THE RESULTS OF ANY HOUSE FLY MEDIATION OR ARBITRATION IN THE EVENT OF A DISPUTE. THERE IS NO GUARANTEE OF ELIGIBILITY FOR A REFUND OR PAYMENT, AND ANY FINANCING RELATED TO THE TRANSACTION WILL BE DETERMINED AT THE SOLE DISCRETION OF HOUSE FLY. PLEASE NOTE THAT, IN THE EVENT OF A DISPUTE, YOU AGREE TO ACCEPT ANY FINANCIAL DISPUTE RESOLUTION DECISIONS MADE BY HOUSE FLY AND TO BE SUBJECT TO HOUSE FLY’S DISTRIBUTION OF RELATED FINANCES. HOUSE FLY DOES NOT ACT AS AN AGENT FOR EITHER PARTY IN ANY TRANSACTION OR IN RESOLVING ANY PAYMENT DISPUTE, AND WILL INSTEAD TRY TO FACILITATE GOOD FAITH COMMUNICATION BETWEEN THE PARTIES INVOLVED.

6.4.2. To resolve any “Payment Dispute”, you should first attempt to contact the other party through the House Fly platform to try to come to a resolution. If you are unable to resolve the issue with the other party, you may submit a dispute through the House Fly platform by logging into your user account, accessing the completed jobs section, and selecting “Dispute Service”. When submitting a dispute, you are required to provide dispute information and at least one photo. Please note that all “Payment Disputes” must be submitted on time through the House Fly platform.

6.4.3. In order to be eligible for dispute resolution through the House Fly platform, the service in question must have been paid for and booked on the House Fly platform. Dispute resolution is only available after the scheduled start time of the Listed Service and is only available for a limited time after the Listed Service has been Completed or Canceled. Please note that these requirements must be met in order to submit a dispute through the House Fly platform.

6.4.4. There are three types of “Payment Disputes” that may be submitted through the House Fly platform:
a) Service Provider Canceled. If a Service Provider Cancels a service after the Listed Service scheduled start time and requests a partial payment by selecting a percentage of work completed greater than 0% (1% – 99%), the Customer has 48 hours from the Cancellation to dispute the partial payment price through the House Fly platform.
b) Customer Canceled. If a Customer Cancels a service after the Listed Service scheduled start time and requests a refund by selecting a percentage of work completed less than 100% (0% – 99%), the Service Provider has 48 hours from the cancellation to dispute the refund amount through the House Fly platform.
c) Service Completed. If the Service Provider submits through the House Fly platform that the job has been Completed, the Customer has 48 hours to dispute the full payment through the House Fly platform.

6.4.5. After a Customer or Service Provider submits a dispute, House Fly will hold all funds and attempt to contact the other party to facilitate a resolution. “Payment Disputes” may take up to 30 days or more to resolve, and either party can contact House Fly at any time to check the status of a dispute. If House Fly contacts either party for additional information, that party must respond within 7 days or the dispute may be resolved without the requested information.

6.4.6. Any party that submits false or frivolous claims, or fails to cooperate in good faith to provide additional information or help resolve a dispute, may have their account privileges restricted or terminated.

6.4.7. Funds will be released and the “Payment Dispute” will be closed after the dispute is resolved. If you disagree with the House Fly dispute resolution, you may still have the ability to pursue your dispute rights through your local legal system or with your financial provider.

6.4.8. To prevent “Payment Disputes”, we encourage both Customers and service providers to take or request multiple photos before and after each job, and to communicate through the House Fly chat before the service to clear up any questions and reduce confusion or misunderstandings.

6.4.9. Your access to the House Fly platform may be restricted if you abuse the dispute resolution service or chargeback rights with your financial institution, including using the service to obtain additional funds for services not completed or completed incorrectly, obtaining two refunds for the same transaction, or filing frivolous “Payment Disputes” or chargebacks that are subsequently ruled invalid.

6.4.10. When a Customer disputes a payment, they may submit a “Payment Disputes” through the House Fly platform or dispute the charge through their issuing provider, but not both at the same time. Customers have the right to dispute any payment through their credit or debit card provider, and if they elect to do so with their financial provider prior to or during an active House Fly dispute resolution case, and the financial provider initiates a chargeback or other reversal of payment, the Customer is no longer eligible for House Fly “Payment Dispute” services and must rely solely on their dispute rights with their financial institution. House Fly will resolve the “Payment Dispute” as if it were cancelled in this case. If you disagree with the House Fly dispute resolution, you may still have the ability to pursue your dispute rights with your financial provider. House Fly may contest credit card chargebacks in accordance with the rules of the applicable credit card association or issuer.

6.5. Promotions.

You may receive certain offers from House Fly (“Promotions”). Any Promotions are offered at House Fly’s sole discretion and may be revoked at any time or for any reason.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from House Fly offering you that Promotion, (b) you satisfy all the requirements identified in that communication; (c) you maintain an Account in good standing with House Fly; and (d) you have complied and continue to comply with these Terms of Service. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate.

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, House Fly may revoke a benefit if we believe in our sole discretion that you have not satisfied the Promotion requirements, including maintaining an Account in good standing or otherwise complying with these Terms of Service.

6.6. Warranty

The House Fly platform does not provide any service warranty or guarantee for the services that you provide. You may, at your sole discretion, offer your own warranties through the House Fly platform for the services you provide; but such warranties are solely between the you and the customer, and House Fly is not a party to such warranties. The House Fly platform does not endorse, guarantee, or assume responsibility for any warranty or representation made by you. Any disputes arising under or in connection with a service warranty offered by you shall be solely between the you and the customer, and House Fly shall have no liability or obligation to resolve such disputes.

7. DISCLAIMER OF WARRANTIES AND OTHER DISCLAIMERS AND ALLOCATIONS OF RISK.

YOU UNDERSTAND THAT WE DO NOT GUARANTEE, WARRANT OR REPRESENT WHATSOEVER THAT FILES AVAILABLE FOR DOWNLOADING OR OTHERWISE DELIVERY OR TRANSMISSION FROM THE INTERNET OR THE HOUSE FLY PLATFORM WILL BE FREE OF VIRUSES, MALWARE OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING, INSTALLING, MAINTAINING AND CONTINUALLY TESTING SUFFICIENT SOFTWARE, HARDWARE, PROCEDURES, PROTOCOLS AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS AND ANTI-MALWARE PROTECTION AND FOR ACCURACY OF DATA INPUT AND OUTPUT AND FOR IMPLEMENTING, MAINTAINING AND CONTINUALLY TESTING A MEANS EXTERNAL TO THE HOUSE FLY PLATFORM FOR DATA STORAGE AND FOR ANY REPLACEMENT, REPAIR OR RECONSTRUCTION OF ANY LOST, COMPROMISED, BREACHED OR CORRUPTED DATA.

TO THE FULLEST EXTENT PERMITTED BY LAW, HOUSEFLY IS NOT RESPONSIBLE FOR (AND YOU ARE SOLELY RESPONSIBLE FOR) MAINTAINING, STORING KEEPING, AND BACKING UP ANY RECORDS OR OTHER DATA ABOUT YOU, YOUR SERVICE CONTRACTS, YOUR PAYMENTS OR ANY OTHER INFORMATION OR ABOUT YOUR COMMUNICATIONS, INTERACTIONS OR OTHER ACTIVITY WITH, IN, ON, BY OR THROUGH THE HOUSE FLY PLATFORM. FURTHER, HOUSE FLY IS NOT SERVING AS A DATA BACKUP SERVICE FOR YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR ANY LOSS, LIABILITY OR DAMAGE BASED ON, DUE TO, CAUSED BY, CONCERNING, ARISING FROM OR RELATED TO A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUS, MALWARE, DESTRUCTIVE CODE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY IMPAIR, CORRUPT, PERSIST IN OR INFECT YOUR OR OTHER PERSONS COMPUTER EQUIPMENT (INCLUDING, WITHOUT LIMITATION, MOBILE DEVICES), COMPUTER PROGRAMS, DATA, PROPRIETARY MATERIAL OR OTHER ASSETS BASED ON, CAUSED BY, DUE TO, CONCERNING, ARISING FROM OR RELATED TO: (A) YOUR USE OF OR ACCESS TO THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT OR (B) ANY LISTED SERVICES, SERVICES CONTRACT OR OTHER GOODS, SERVICES, PRODUCTS OR OTHER ITEMS OBTAINED OR DELIVERED ON, BY OR THROUGH THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT OR (C) TO YOUR DOWNLOADING OF ANY MATERIAL OR OTHER CONTENT POSTED OR OTHERWISE AVAILABLE ON THE HOUSE FLY PLATFORM, OR ANY WEBSITE LINKED TO IT.

YOUR USE OF OR ACCESS TO THE HOUSE FLY PLATFORM, ITS CONTENT AND ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACT OR OTHER GOODS, SERVICES, PRODUCTS OR OTHER ITEMS OFFERED, SOLD, LISTED, CONNECTED OR DELIVERED IN, ON, BY OR THROUGH THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT IS AT YOUR OWN RISK. THE HOUSE FLY PLATFORM, ITS CONTENT AND ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACT OR OTHER GOODS, SERVICES, PRODUCTS OR OTHER ITEMS OFFERED, SOLD, LISTED, CONNECTED OR DELIVERED IN, ON, BY OR THROUGH THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT ARE, IF PROVIDED BY ANY OF THE HOUSE FLY GROUP, PROVIDED ONLY ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FURTHER, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED. NO STATEMENT, REPRESENTATION, CLAIM OR OTHER AFFIRMATION OF FACT MADE BY ANY OF THE HOUSE FLY GROUP OUTSIDE THE FOUR CORNERS OF THESE TERMS OF SERVICE: (A) MAY BE RELIED UPON OR ENFORCED BY YOU IN ANY WAY WHATSOEVER; AND (B) IS, OR SHALL BE CONSIDERED, ANY REPRESENTATION, WARRANTY, PROMISE, AGREEMENT OR OTHER UNDERTAKING WHATSOEVER OF HOUSE FLY OR ANY OF THE HOUSE FLY GROUP.

NEITHER HOUSE FLY, NOR ANY OF THE HOUSE FLY GROUP, NOR ANY PERSON ASSOCIATED WITH THE HOUSE FLY GROUP MAKES OR GIVES ANY WARRANTY OR REPRESENTATION WHATSOEVER FOR OR WITH RESPECT TO (AND HOUSE FLY HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, FOR OR WITH RESPECT TO) THE COMPLETENESS, SECURITY, PRIVACY, RELIABILITY, QUALITY, CONDITION, FEATURES, FUNCTIONALITY, SUITABILITY, UTILITY, USEFULNESS, SAFETY, TRUTH, ACCURACY, PERFORMANCE OR AVAILABILITY: (A) OF THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT; OR, (B) OF ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACTS OR OTHER GOODS, SERVICES, PRODUCTS OR ITEMS OFFERED, SOLD, LISTED, CONNECTED OR DELIVERED IN, ON, BY OR THROUGH (OR DUE TO, CAUSED BY OR FACILITATED BY ACCESSING OR USING) THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT.

WITHOUT LIMITING THE FOREGOING, NEITHER HOUSE FLY NOR ANY OF THE HOUSE FLY GROUP NOR ANYONE ASSOCIATED WITH THE HOUSE FLY GROUP REPRESENTS OR WARRANTS WHATSOEVER:
(1) THAT THE HOUSE FLY PLATFORM, ITS CONTENT OR ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACTS OR OTHER GOODS, SERVICES, PRODUCTS OR ITEMS OFFERED, SOLD, LISTED, CONNECTED OR DELIVERED IN, ON, BY OR THROUGH THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT WILL BE ACCURATE, RELIABLE, USEFUL, SAFE, AVAILABLE, ERROR-FREE OR UNINTERRUPTED;
(2) THAT DEFECTS, BUGS, GLITCHES, INACCURACIES OR ERRORS WILL BE CORRECTED, REPAIRED OR CURED;
(3) THAT OUR WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, MALWARE, DESTRUCTIVE CODE OR OTHER HARMFUL COMPONENTS; OR
(4) THAT THE HOUSE FLY PLATFORM OR ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACT OR OTHER GOODS, SERVICES, PRODUCTS OR OTHER ITEMS OFFERED, SOLD, LISTED, CONNECTED OR DELIVERED IN, ON, BY OR THROUGH THE HOUSE FLY PLATFORM WILL OTHERWISE MEET OR SATISFY YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU, AND NOT ANY OF THE HOUSE FLY GROUP, ARE FULLY RESPONSIBLE FOR THE RESULTS OBTAINED OR DELIVERED BY OR FROM:
(A) USING OR ACCESSING THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT; OR,

(B) ANY CUSTOMER, SUBJECT HOME/PROPERTY, SERVICES CONTRACTS OR OTHER GOODS, SERVICES, PRODUCTS OR ITEMS OFFERED, SOLD, CONNECTED, PROCURED, ACCESSED, RENOVATED, CONSTRUCTED, MODIFIED, DEMOLISHED, MAINTAINED, CHANGED, BUILT, ERECTED, FABRICATED, INSTALLED, REPAIRED, REPLACED, MADE OR DELIVERED IN, ON, BY OR THROUGH (OR DUE TO, CAUSED BY OR FACILITATED BY ACCESS TO OR USE OF) THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT.

HOUSE FLY HEREBY FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(A) DISCLAIMING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE; AND

(B) DISCLAIMING THAT ANY WORK, SERVICES, LABOR, GOODS, PRODUCTS OR OTHER ITEMS CONSTRUCTED, RENOVATED, BUILT, ERECTED, FABRICATED, INSTALLED, DEMOLISHED, REPAIRED, MAINTAINED, CHANGED, REPLACED, PROVIDED, PERFORMED FOR OR DELIVERED BY YOU (AND WHETHER REPAIRS, RENOVATIONS, FABRICATIONS, CONSTRUCTIONS, PAINTING, ELECTRICAL WORK, PLUMBING WORK, CARPENTRY, FLOORING, ROOFING WORK, FOUNDATION WORK, FRAMING WORK, DESIGN WORK, ARCHITECTURAL WORK, ENGINEERING WORK, SURVEYING WORK, LANDSCAPING WORK, YARD WORK, FENCING WORK OR ANY OTHER KIND OF WORK, SERVICES, LABOR, GOODS, PRODUCTS OR OTHER ITEMS WHATSOEVER) BY OR THROUGH ANY CUSTOMER OR YOU:

(1) WILL BE STABLE, DURABLE, STURDY, WORKMANLIKE, FUNCTIONAL, OPERABLE, SAFE, MAINTAINABLE, CORRECT OR COMPLETE;
(2) WILL SATISFY OR COMPLY WITH ANY BUILDING CODES, FIRE CODES, ORDINANCES, REGULATIONS, OR FEDERAL, STATE OR LOCAL LAWS, RULES, REGULATIONS, ORDINANCES, DECREES OR ORDERS WHATSOEVER;
(3) WILL BE PERFORMED BY (A) QUALIFIED CONTRACTORS OR PERSONNEL; (B) LICENSED CONTRACTORS OR PERSONNEL; (C) SKILLED CONTRACTORS OR PERSONNEL; (D) COMPETENT CONTRACTORS OR PERSONNEL; (E) TRAINED CONTRACTORS OR PERSONNEL; OR (F) EXPERIENCED CONTRACTORS OR PERSONNEL; OR,
(4) WILL BE FREE FROM REDHIBITORY, HIDDEN, PATENT OR OTHER DEFECTS WHATSOEVER.

HOUSE FLY HEREBY FURTHER DISCLAIMS THAT THE FORM, SUBSTANCE AND CONTENT OF THE SERVICES CONTRACT AVAILABLE ON THE HOUSE FLY PLATFORM, OR ITS USE ON THE HOUSE FLY PLATFORM OR IN ANY SERVICES CONTRACT THAT YOU ENTER INTO, IS, OR IS INTENDED AS, ANY ONE OR MORE OF THE FOLLOWING: (A) ANY LEGAL ADVICE WHATSOEVER; (B) CREATING ANY ATTORNEY-CLIENT RELATIONSHIP WHATSOEVER; (C) CREATING ANY PROFESSIONAL OR OTHER RELATIONSHIP OF TRUST, CONFIDENCE OR OTHERWISE WHATSOEVER WITH HOUSE FLY; OR, (D) ADVERTISING OR SOLICITING ANY LEGAL OR OTHER PROFESSIONAL SERVICES WHATSOEVER.

8. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE HOUSE FLY GROUP BE LIABLE FOR LOSSES, LIABILITIES OR DAMAGES OF ANY KIND WHATSOEVER, UNDER ANY LEGAL THEORY WHATSOEVER, BASED ON, CAUSED BY, ARISING OUT OF, CONCERNING, RELATING TO OR IN CONNECTION WITH ANY ONE OR MORE OF THE FOLLOWING:

(A) YOUR USE OF OR ACCESS TO (OR ANY DEFECTS, FLAWS, FAULTS, ERRORS, CONDITIONS, RESTRICTIONS OR OTHER LIMITATIONS IMPACTING YOUR USE OF OR ACCESS TO, OR YOUR INABILITY OR IMPAIRMENT TO USE OR ACCESS) THE HOUSE FLY PLATFORM, ANY OTHER WEBSITE LINKED TO IT, ANY MATERIALS OR OTHER CONTENT ON THE HOUSE FLY PLATFORM OR SUCH OTHER WEBSITES LINKED TO IT; OR,

(B) DEFECTIVE, FAULTY, FLAWED, REDHIBITORY, INCOMPLETE, PARTIAL, INCORRECT, SHODDY, ERRONEOUS, UNSAFE, DELAYED OR OTHERWISE FAILED SUBJECT HOME/PROPERTY OR CUSTOMER’S PERFORMANCE OF ANY SERVICES CONTRACT;

(C) ANY CUSTOMER, SUBJECT HOME/PROPERTY, LISTED SERVICES, SERVICES CONTRACT OR OTHER GOODS, SERVICES OR PRODUCTS OFFERED, LISTED, CONNECTED, QUOTED, DELIVERED, PROCURED, ACCESSED, SOLD, RENOVATED, CONSTRUCTED, MODIFIED, DEMOLISHED, MAINTAINED, CHANGED, BUILT, ERECTED, FABRICATED, INSTALLED, REPAIRED, REPLACED, OR OBTAINED IN, ON, BY OR THROUGH (OR BY, THROUGH OR DUE TO USING OR ACCESSING) THE HOUSE FLY PLATFORM OR SUCH OTHER WEBSITES LINKED TO IT; OR,

(D) ANY IMPACT ON, OR YOUR NEED TO CHANGE, ALTER OR MODIFY, ANY ONE OR MORE OF THE FOLLOWING DUE TO OR RELATED TO ANY CHANGES TO THESE TERMS OF SERVICE: (1) YOUR USE OF OR ACCESS TO THE HOUSE FLY PLATFORM; (2) ANY REPAIR, MAINTENANCE, RENOVATION, USE OR ENJOYMENT OF, OR ACCESS TO, THE SUBJECT HOME/PROPERTY; OR (3) ANY BUSINESS, HOBBY OR OTHER ACTIVITY OR INTEREST THAT YOU HAVE, OPERATE OR ENJOY.

INCLUDING, WITHOUT LIMITATION, NOT BEING LIABLE FOR ANY DIRECT, INDIRECT, FORESEEABLE, UNFORESEEABLE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER LOSSES, LIABILITIES OR DAMAGES WHATSOEVER (AND WHETHER, BUT NOT LIMITED TO, ANY OR ALL OF THE FOLLOWING: PERSONAL INJURY; BODILY INJURY; DEATH; PAIN AND SUFFERING; EMOTIONAL DISTRESS; PROPERTY DAMAGE; LOSS OF REVENUE, RENTS, ROYALTIES, PROFITS, BUSINESS, PATRONAGE OR ANTICIPATED SAVINGS; LOSS OF USE; LOSS OF GOODWILL; BREACH OF, OR COMPROMISE IN, PRIVACY OR SECURITY; OR, LOSS OF OR CORRUPTION TO DATA), AND WHETHER BASED ON, CAUSED BY OR IN THE NATURE OF TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, FAULT, ERRORS, OMISSIONS OR ANY DELICTUAL MATTER), QUASI-CONTRACT, REDHIBITION, RELIANCE, UNJUST ENRICHMENT, BREACH OF CONTRACT OR OTHERWISE WHATSOEVER, EVEN IF, OR TO ANY EXTENT, FORESEEABLE OR UNFORESEEABLE.

THE TERM “YOU AND YOUR INTERESTS” MEANS COLLECTIVELY: (1) YOU; (2) IF THE SERVICE PROVIDER IS AN INDIVIDUAL, YOUR IMMEDIATE FAMILY; AND (3) IF THE SERVICE PROVIDER IS AN ENTITY, YOUR PRINCIPALS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS AND SUPPLIERS; PROVIDED THAT, AND FOR THE AVOIDANCE OF DOUBT, THE TERM “YOU AND YOUR INTERESTS” DOES NOT INCLUDE ANY OF THE HOUSE FLY GROUP.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE HOUSE FLY GROUP TO YOU AND YOUR INTERESTS FOR ALL DEMANDS, ACTIONS OR OTHER CLAIMS WHATSOEVER BASED ON, CAUSED BY, ARISING OUT OF, CONCERNING, RELATING TO OR IN CONNECTION WITH:
(1) THE USE OF OR ACCESS TO (OR DEFECTS, FLAWS, FAULTS, ERRORS, CONDITIONS, RESTRICTIONS OR OTHER LIMITATIONS IMPACTING YOUR USE OF OR ACCESS TO, OR ANY INABILITY OR IMPAIRMENT TO USE OR ACCESS ) ALL OR ANY PORTION OF THE HOUSE FLY PLATFORM OR ANY WEBSITE LINKED TO IT; OR,
(2) DEFECTIVE, FAULTY, FLAWED, REDHIBITORY, INCOMPLETE, PARTIAL, INCORRECT, SHODDY, ERRONEOUS, UNSAFE, DELAYED OR OTHERWISE FAILED SUBJECT HOME/PROPERTY OR CUSTOMER’S PERFORMANCE OF ANY SERVICES CONTRACT; OR,
(3) ANY CUSTOMER, SUBJECT HOME/PROPERTY, LISTED SERVICES, SERVICES CONTRACT OR OTHER GOODS, SERVICES OR PRODUCTS OFFERED, LISTED, CONNECTED, QUOTED, DELIVERED, PROCURED, ACCESSED, SOLD, RENOVATED, CONSTRUCTED, MODIFIED, DEMOLISHED, MAINTAINED, CHANGED, BUILT, ERECTED, FABRICATED, INSTALLED, REPAIRED, REPLACED, OR OBTAINED IN, ON, BY OR THROUGH (OR BY, THROUGH OR DUE TO USING OR ACCESSING) THE HOUSE FLY PLATFORM OR SUCH OTHER WEBSITES LINKED TO IT; OR,
(4) THESE TERMS OF SERVICE AND WHETHER IN, OR IN THE NATURE OF, CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, FAULT, ERRORS, OMISSIONS OR ANY DELICTUAL MATTER), QUASI-CONTRACT, REDHIBITION, RELIANCE, UNJUST ENRICHMENT OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO HOUSE FLY FOR ACCESS TO AND USE OF THE HOUSE FLY PLATFORM IN THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR DEMAND, ACTION OR CLAIM, OR (B) ONE HUNDRED ($100) DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY, IF ANY, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS OF SERVICE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF SERVICE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, AND EXCLUSION OF DAMAGES ARE A MATERIAL AND INTEGRAL CONSIDERATION AND CAUSE FOR HOUSE FLY ENTERING INTO THESE TERMS OF SERVICE, WITHOUT WHICH HOUSE FLY WOULD NOT ENTER INTO THESE TERMS OF SERVICE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. INDEMNIFICATION

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless the House Fly Group from and against any and all claims, demands, suits, investigations, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including, without limitation, reasonable attorneys’ fees, investigatory fees and expert fees) based on, caused by, due to, arising out of, concerning or relating to any one or more of the following:
a) your actions or inactions which allow, permit or do not stop a Person who is not you from using or accessing all or any part of your Service Provider Profile;
b) your actions or inactions which allow, permit or do not stop a Person who is not you from using or accessing all or any part of your Account;
c) any endorsement, review, ranking, rating, comment, feedback or other material, image, picture, video, information, media or content that you, or any Person using or accessing your Account, creates, authors, makes, reproduces, copies, uploads, downloads, provides, posts, enters, submits, delivers, distributes, sends, publishes, displays, performs, transmits, broadcasts, communicates or otherwise makes available in, on, by, through or to the House Fly Platform;
d) any defamation, libel, slander or injury to reputation claim due to or caused by, in whole or in part, You and Your Interests;
e) any violation of copyright, trademark, patent, unfair competition or other proprietary or intellectual property rights due to or caused by, in whole or in part, You and Your Interests;
f) your using or accessing the House Fly Platform to seek, schedule, book or otherwise obtain any Excluded Services;
g) your violation of, breach of, or failure to perform, observe or satisfy any of your obligations in, or arising under, any Services Contract or other agreements that you make with a Customer;
h) your anticipated or threatened violation of, breach of, or failure to perform, observe or satisfy any of your obligations in, or arising under, any Services Contract or other agreements that you make with a Customer;
i) your violation of, breach of, or failure to perform, observe or satisfy any of your obligations in, or arising under, these Terms of Service,
j) your anticipated or threatened violation of, breach of, or failure to perform, observe or satisfy any of your obligations in, or arising under, these Terms of Service;
k) any violation or an otherwise failure to comply with, or an otherwise to any extent lack of being in compliance with, any federal, state or local law, regulation, rule, ordinance, order or decree whatsoever by, due to or caused by, in whole or in part, You and Your Interests;
l) an anticipated or threatened violation or an otherwise failure to comply with, or an otherwise to any extent lack of being in compliance with, any federal, state or local law, regulation, rule, ordinance, order or decree whatsoever by, due to or caused by, in whole or in part, You and Your Interests
m) any negligence, fault, willful misconduct, or fraud by You and Your Interests; or,
n) OUR WHOLE OR PARTIAL NEGLIGENCE OR FAULT.

10. MANDATORY, BINDING ARBITRATION AND NO CLASS ACTION

The term “HOUSE FLY MATTERS” means, collectively, each of the following: (a) the House Fly Platform (including, without limitation, your Service Provider Profile, your Account, any one or more Listed Services, any one or more Excluded Services, any one or more Customers, any one or more Services Contracts or any access to or use of (or any revocation, cancelation, disablement, suspension, termination, removal, deletion or otherwise end to any access to or use of) your Service Provider Profile, your Account or the House Fly Platform); (b) any one or more other goods, services, labor, products or items offered, listed, purchased, sold, quoted, obtained, agreed to be delivered or delivered (or sought to be offered, listed, purchased, sold, quoted, obtained or delivered), whether in whole or in part, in, by, due to or through (or in, by, due to, caused by or through use of or access to, or as a result of any use or access to) the House Fly Platform or any website linked to it; (c) House Fly Proprietary Property; (d) these Terms of Service; or, (e) a violation or an otherwise failure to comply with, or an otherwise to any extent lack of being in compliance with, any federal, state or local law, regulation, rule, ordinance, order or decree whatsoever where such violation, failure to comply or lack of being in compliance occurs in or with, arises out of, is in, is not in or otherwise involves any one or more of subparts (a), (b), (c) or (d) hereinabove.

Any claim, dispute, or controversy between or among the following Persons:

(1) between you (and, if the Service Provider is an Entity, any of your Principals who have agreed to arbitration) and a Customer (and, if the Customer is an Entity, any of its Principals who have agreed to arbitration) ; or,

(2) between you (and, if the Service Provider is an Entity, any of your Principals who have agreed to arbitration) and House Fly (as well as any one or more others of House Fly Group that you name (“Others Named In House Fly Group”)); or

(3) between or among you (and, if the Service Provider is an Entity, any of your Principals who have agreed to arbitration), a Customer (and, if the Customer is an Entity, any of its Principals who have agreed to arbitration) and House Fly (as well as any one or more others of House Fly Group that you name or said Service Provider names (also hereby included in definition of “Others Named In House Fly Group”))

based on, arising out of, relating to, or in connection with, directly or indirectly, HOUSE FLY MATTERS, or the formation, existence, creation, modification, performance, enforcement, breach, termination, expiration, extinguishment, dissolution, rescission, revocation, voiding, nullifying, end, validity or interpretation of HOUSE FLY MATTERS or any provision of HOUSE FLY MATTERS, whether based in, arising under, related to or in the nature of contract, tort (including, without limitation, negligence, fault, errors, omissions or any delictual matter), quasi-contract, redhibition, reliance, unjust enrichment, statute, fraud, misrepresentation, or any other legal theory whatsoever, and regardless of whether a claim, dispute or controversy arises during or after the termination, expiration or otherwise end of your Account with House Fly or these Terms of Service (collectively, Disputed Claims, which include, without limitation, any claim, dispute, or controversy based on, arising out of, relating to, or in connection with, directly or indirectly, the interpretation, settlement and resolution of the scope of these arbitration provisions) may first be submitted to House Fly’s legal department at Legal@HouseFly.com.

If you, said Customer and House Fly (for itself and acting as agent for any Others Named In House Fly Group) cannot resolve any Disputed Claims through House Fly’s legal department or if any of you, said Customer or House Fly (for itself and acting as agent for any Others Named In House Fly Group) elect to not to first submit the Disputed Claims to House Fly’s legal department (or, even if submitted, elect, at any time, to withdraw or otherwise no longer participate in any process with the House Fly legal department), then those Disputed Claims shall be settled by binding, final, non-appealable arbitration by and between you, said Customer, and House Fly (itself and acting as agent for Others Named in House Fly Group), in accordance with the Commercial Rules of the American Arbitration Association as modified below for discovery and as also modified by not including Rule R-38 (Emergency Measures of Protection) (collectively, the “Modified Commercial Rules”) and, to the extent not inconsistent therewith, the Federal Arbitration Act (9 USC §§ 1 et seq.); provided, that the arbitrators shall have no less than the powers granted to arbitrators under the Federal Arbitration Act except as such powers are expressly limited by this Section 10.

The arbitration shall be held in New Orleans, Louisiana. Judgment by the arbitration panel may be entered by any court having jurisdiction thereof. Notwithstanding any rules or other provisions of the Commercial Rules, the arbitration shall be conducted with no discovery (to be clear, no interrogatories, no request for production of documents, no inspections, no depositions, no requests for admissions and no other forms of discovery). The parties to the arbitration shall name their witnesses and exchange exhibits (including, if allowed by the arbitrators, expert reports) in advance of the hearing per the schedule established by the arbitrators. Only the Modified Commercial Rules, and not the federal or state law of any jurisdiction in which the arbitration is pending (and also not the federal or state law of any other state or jurisdiction), shall govern discovery matters. The arbitrators’ award shall be final, binding and nonappealable. The arbitrators’ award shall be a “simple” award (which may, but need not, contain orders to perform, do or not do anything) and so shall not have any written reasons or findings of fact.

To the fullest extent permitted under applicable law, Disputed Claims shall be brought solely by you as an individual and not as part of, or as a representative of, a class. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND HOUSE FLY AGREE THAT YOU MAY BRING DISPUTED CLAIMS AGAINST HOUSE FLY (AS WELL AS ANY OTHER OF THE HOUSE FLY GROUP) OR A CUSTOMER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND HOUSE FLY AGREE OTHERWISE IN WRITING, THE ARBITRATOR, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, MAY NOT AND SHALL NOT CONSOLIDATE (EXCEPT AS ALLOWED IN THE NEXT PARAGRAPH) MORE THAN ONE PERSON’S CLAIMS AND MAY NOT AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
While the scope of an arbitration is allowed to involve more than one Services Contract by you for a Customer (or more than one job, goods provided or services by or from you to or for a Customer), the scope of the arbitration shall not be expanded to include any Services Contract of (or other jobs, good or services by or from) another Service Provider for a Customer unless all of you, House Fly (for itself and acting as agent for Others Named In House Fly Group), said Customer and the other Service Provider agree in writing to the joinder of such other Service Provider in one arbitration proceeding. In other words, if a Customer has Disputed Claims with more than one Service Provider, a separate arbitration proceeding is required for each such Service Provider (unless, as noted above, you, House Fly (for itself and acting as agent for Others Named In House Fly Group), said Customer and the other Service Provider agree in writing to the joinder in one arbitration proceeding).

Also, if you file an arbitration demand against House Fly (and whether or not you name any others in the House Fly Group) and do not name any Customer as a party and, thereafter, a Customer is not named by House Fly (for itself and acting as agent for Others Named In House Fly Group) in answering or otherwise responding to said arbitration demand, the arbitration shall proceed as an arbitration only between you and House Fly (for itself and acting as agent for Others Named In House Fly Group). Likewise, if House Fly files an arbitration demand against you and does not name any Customer as a party and thereafter, a Customer is not named by you in answering or otherwise responding to said arbitration demand, the arbitration shall proceed as an arbitration only between you and House Fly (for itself and acting as agent for Others Named In House Fly Group).

If you file an arbitration demand against a Customer, you must name House Fly as a party.

The Twenty-Fourth Judicial District Court of the State of Louisiana, Civil District Court for the Parish of Orleans, State of Louisiana as well as the United States District Court for the Eastern District of Louisiana (the “Preferred Courts”) shall have: (i) exclusive jurisdiction and venue over any action by a party to the arbitration (whether you, a Customer, House Fly or any of the House Fly Group) against any other party to the arbitration (whether you, a Customer, House Fly or any of the House Fly Group) to nullify, vacate, set aside, revoke, challenge or otherwise contest the arbitrators’ award; and, otherwise shall have nonexclusive jurisdiction and venue over any action concerning the enforcement of an arbitration award, or (ii) if, in the unlikely event, arbitration is not permitted by law, then exclusive jurisdiction and venue over all Disputed Claims which are not permitted to be arbitrated. You unconditionally and irrevocably submit to the jurisdiction and venue of the Preferred Courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. YOU IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR, ARISING OUT OF OR RELATED TO ANY AND ALL DISPUTED CLAIMS. Except for remedies expressly provided for in these Terms of Service, the arbitration panel shall neither be empowered to award damages in excess of actual damages nor to award punitive damages. Subject to the above, the arbitrators shall have the authority to require specific performance or impose other equitable relief hereunder, as well as imposing money damages and awards of attorneys’ fees to the prevailing party.

11. DEFINITIONS

• “Account” means the account you create in the House Fly Platform using the account creation procedures provided by the House Fly Platform.

• “Account Data and Usage Information” has the meaning as defined in Section 5.3 of these Terms of Service.

• “Acknowledged Completion” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Affiliate”, as to House Fly, means each Person controlling, controlled by or under common control with, House Fly.

• “Authorized Discovery” has the meaning as defined in Section 10 of these Terms of Service.

• “Billing and Fee Structure” has the meaning as defined in Section 6 of these Terms of Service.

• “Claims” has the meaning as defined in Section 10 of these Terms of Service.

• “Commercial Rules” means the Commercial Rules of the American Arbitration Association.

• “Completion Email” has the meaning as defined in Section 6.1 of these Terms of Service

• “Customer” has the meaning as defined in Section 3 of these Terms of Service.

• “Customer Booking Fee” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Customer Commentary” has the meaning as defined in Section 5.2.2 of these Terms of Service.

• “Dispute Resolution Services” means the service provided to you by House Fly in which you submit a request regarding a dispute between you and a Customer regarding a request for payment for chargebacks, errors, claims, refunds or other “Payment Disputes”.

• “Dispute Resolution Request” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Disputed Claims” has the meaning as defined in Section 10 of these Terms of Service.

• “Disputed Reply” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Distribute” has the meaning as defined in Section 5.1 of these Terms of Service.

• “Entity” means a Person that is not an individual.

• “Excluded Services” has the meaning as listed and defined in Section 3 of these Terms of Service.

• “FAILURE TO PROVIDE, PERFORM OR DELIVER” has the meaning as listed and defined in Section 3 of these Terms of Service.

• “Health Profile” means, in addition to its ordinary meaning, all of the following: physical health, mental health, sicknesses, illnesses, diseases, viruses, infections, disabilities, wellness, vaccinations, immunizations, contagiousness, medications, alcohol use, drug use, addiction, rehabilitation, surgeries, medical or health procedures, medical or health permissions, medical or health clearances, or any other kind or type of medical or health history, impairment, limitation, condition or circumstance whatsoever.

• “Health Protocols” means, in addition to its ordinary meaning, all of the following: all protocols, procedures, methods, guidelines, techniques (including, without limitation, social distancing, mask-wearing, handwashing, vaccinations, immunizations and other hygiene practices) or other practices: (a) to eliminate, avoid, reduce, limit or minimize (or which are designed to eliminate, avoid, reduce, limit or minimize) the spread, transmission, transfer, delivery, propagation or otherwise infectious character of any virus, contagion, pestilence, plague, infection, illness or otherwise unhealthy condition; or (b) to promote, encourage, regulate, manage, administer or provide a healthy and safe workplace and environment.

• “House Fly” means House Fly Home Services, Inc. a Delaware corporation, d/b/a House Fly.

• “House Fly App” has the meaning as defined in Section 1 of these Terms of Service.

• “House Fly Content” has the meaning as defined in Section 5.1 of these Terms of Service.

• “House Fly Group” means, collectively, House Fly and its Affiliates, as well as the officers, directors, agents, representatives, subsidiaries, employees, partners, owners, shareholders, members and managers of House Fly or its Affiliates, as well as the vendors. licensors or suppliers of House Fly or its Affiliates, as well as all of the successors, heirs and assigns of all of the forgoing; provided that, and for the avoidance of doubt, the term House Fly Group neither includes you nor any of You and Your Interests.

• “House Fly License” has the meaning as defined in Section 5.1 of these Terms of Service.

• “House Fly Marks” has the meaning as defined in Section 5.1 of these Terms of Service.

• “House Fly Matters” has the meaning as defined in Section 10 of these Terms of Service.

• “House Fly Platform” has the meaning as defined in Section 1 of these Terms of Service.

• “House Fly Proprietary Property” has the meaning as defined in Section 5.1 of these Terms of Service.

• “House Fly Website” means the website at www.HouseFly.com or any website that House Fly substitutes therefor.

• “Intellectual Property” has the meaning as defined in Section 5.1 of these Terms of Service.

• “Interfere with” has the meaning as defined in Section 5.1 of these Terms of Service.

• “Listed Services” has the meaning as defined in Section 3 of these Terms of Service.

• “Service Duration” has the meaning as defined in Section 6.1.9 of these Terms of Service.

• “Location Data” has the meaning as defined in Section 12.2 of these Terms of Service.

• “Modified Commercial Rules” has the meaning as defined in Section 10 of these Terms of Service.

• “Modify” has the meaning as defined in Section 1 of these Terms of Service.

• “Modify or distribute” has the meaning as defined in Section 5.1 of these Terms of Service.

• “Other Service Provider” has the meaning as defined in Section 3 of these Terms of Service.

• “Others Named In House Fly Group” has the meaning as defined in Section 10 of these Terms of Service.

• “Payment Disputes” has the meaning as defined in Section 6 of these Terms of Service.

• “Payment Processor” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Person” means any individual, corporation, limited liability company, trust, partnership (whether general, limited liability or otherwise), association or other juridical entity.

• “Preferred Courts” has the meaning as defined in Section 10 of these Terms of Service.

• “Principals” means, with respect to any Person, the shareholders, members, owners, directors, managers, officers, partners and other principals of such Person.

• “Professional Background Check” has the meaning as defined in Section 3 of these Terms of Service.

• “Promotions” has the meaning as defined in Section 6.5 of these Terms of Service.

• “Warranty” has the meaning as defined in Section 6.6 of these Terms of Service.

• “Recurring Period” has the meaning as defined in Section 6.1.2 of these Terms of Service.

• “Recurring Service” has the meaning as defined in Section 6.1.2 of these Terms of Service.

• “Refund for Breach Request” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Remaining Funds” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Repairs & Work” has the meaning as defined in Section 3 of these Terms of Service.

• “Request for Payment” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Services Contract” has the meaning as defined in Section 3 of these Terms of Service.

• “Service Provider” means you.

• “Service Provider Facilitation Fee” has the meaning as defined in Section 6.1 of these Terms of Service.

• “Special Modifications” has the meaning as defined in Section 1 of these Terms of Service.

• “Service Provider Profile” has the meaning as defined in Section 2 of these Terms of Service.

• “Subject Home/Property” has the meaning as defined in Section 3 of these Terms of Service.

• “Terms of Service” has the meaning as defined on page 1.

• “User Contributions” has the meaning as defined in Section 5.2 of these Terms of Service.

• “with work or services defectively done” has the meaning as defined in Section 6.1 of these Terms of Service.

• “You and Your Interests” has the meaning as defined in Section 8 of these Terms of Service.

12. MISCELLANEOUS

12.1. House Fly Additional Remedies

Without limiting any other rights or remedies of House Fly reserved herein, House Fly may, in its sole discretion and without notice or explanation, take any action permitted by law or equity for any of your (or any of your anticipated or threats of) violations of, breaches of or otherwise failures to comply with or perform these Terms of Service or any other policy or agreement between you and House Fly, including, but not limited to, House Fly having the right and remedy of limiting, restricting, suspending, deactivating, terminating, or blocking your Account access or use, requiring you to forfeit all earned funds or paid fees, holding your funds, assessing monetary surcharges or costs, offsetting or deducting amounts owed to us from any of your funds, terminating your Account, Canceling all Upcoming and Recurring services, closing any open disputes in favor of the Customer, notifying Customers of the termination of your Account and/or the violation of these Terms of Service, removing all endorsements, reviews, rankings, ratings, comments about or feedback about you; canceling quotes or postings; blocking access; investigating you; and/or cooperating with law enforcement agencies in investigation or prosecution.

12.2. Location Data

You hereby acknowledge and consent to House Fly’s collection of the latitude and longitude location (“Location Data”), or other geographical location information (also considered “Location Data”) of your mobile device (or your laptop, tablet or other computing device) so that we can strive to connect you with Customers, which may be, but might not be, limited to your geographic area or market. After creating an Account, you will enter your zip code, current location, and list of Listed Services you are capable of providing. House Fly will strive to provide you with a list of profiles for Customers, if any, in your geographical or market area seeking the provision of Listed Services you are offering. In addition, House Fly collects the Location Data of the mobile device on which you install or use the House Fly App (and the Location Data of your laptop, tablet or other computing device on which you are using or accessing the House Fly Platform) for other purposes, including, without limitation, for the purpose of protecting your safety or the safety of Customers and Other Service Providers, and for legal purposes (such as, but not limited to, enforcing our rights or remedies). To be clear, neither by any of the above, by any other provisions of these Terms of Service or by the House Fly Platform, do we have or hereby make any promise, covenant, obligation or other undertaking whatsoever (and we assume no promise, covenant, obligation or other undertaking whatsoever) to use Location Data or any other kind of information to protect your safety, the safety of You and Your Interests, or the safety of Customers and Other Service Providers. By downloading the House Fly App and using, accessing, or participating in the House Fly Platform, you agree to the use and disclosure of Location Data as described above.

12.3. Waiver and Severability

No waiver by House Fly of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition; and any failure or delay of House Fly to assert, demand, enforce or give notice of a right, remedy, defense or other provision under, or arising under, these Terms of Service shall not constitute a waiver whatsoever of such right, remedy, defense or other provision.

In the event that all or any part of the terms, conditions or provisions contained in these Terms of Service are determined to be invalid, unlawful or unenforceable to any extent by any arbitrator or any court or tribunal of competent jurisdiction, such term, condition or provision shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law. Further, to the extent that said arbitrator, court or tribunal has the power to conform and reform said invalid, unlawful or unenforceable term, condition or provision, said arbitrator, court and tribunal is hereby respectfully authorized and requested by the parties (said request being hereby a covenant between the parties) to conform and reform said invalid, unlawful or unenforceable term, condition or provision to a form, and in substance, as is as close to the severed term, condition or provision as possible yet valid and enforceable.

12.4. Entire Agreement

These Terms of Service constitute the sole and entire agreement between you and House Fly with respect to the House Fly Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the House Fly Platform.

12.5. Opt-out Rights

12.5.1. Text Messages, Calls and Pushes to a Phone Number. By registering for an Account with House Fly, you expressly consent and agree to accept and receive electronic and other communications from us via text message, calls, and push notifications to the telephone number which you provided to us. You hereby certify and represent that, for all times when these Terms of Service are in effect, and for all times when any Services Contract you have entered into is in effect, you are and will continue to be the lawful owner of the telephone number which you provided to us. You hereby further acknowledge, agree and warrant that, for all times when these Terms of Service are in effect, and for all times when any Services Contract you have entered into is in effect (a) you will maintain ownership and control over the telephone number you have provided to us and (b) you will not reassign your telephone number to any other Person. If you wish to unsubscribe from receiving promotional, informational or other communications via your telephone number, you may opt out by following the unsubscribe options provided to you in such promotional, informational or other communications. House Fly does not discriminate against you if you elect to opt out of promotional, informational, or other communications. You may also, at any time, opt out of receiving promotional, informational, or other communications from us at that phone number by deactivating your Account. For the avoidance of doubt, even if you opt-out of receiving text message, calls and push notifications via that phone number, House Fly may still send you informational communications via the email address you provide to us or through the House Fly Platform, as stipulated in section 12.5.2. You may receive text messages confirming your opt-out or the deactivation of your Account. Standard telephone minute charges may apply.

12.5.2. Email Or House Fly Platform. By registering for an Account with House Fly, you expressly consent and agree to accept and receive electronic and other communications from us via email to the email address which you provided to us and via the House Fly Platform. You hereby certify and represent that, for all times when these Terms of Service are in effect, and for all times when any Services Contract you have entered into is in effect, you are the lawful owner of the email address which you provided to us. You hereby further acknowledge, agree and warrant that, for all times when these Terms of Service are in effect, and for all times when any Services Contract you have entered into is in effect, (a) you will maintain ownership and control over the email address you have provided to us and (b) you will not reassign your email address to any other Person. If you wish to unsubscribe from receiving promotional communications via your email address, you may opt out by following the unsubscribe options provided to you in such promotional communications. House Fly does not discriminate against you if you elect to opt out of promotional communications. You may not opt out of receiving informational communications from us via email or via the House Fly Platform for so long as these Terms of Service are in effect; and, you further agree that you will, and that you will continue to, receive informational communications from us via email or through the House Fly Platform regarding any ongoing and then-existing Services Contract or any transactions on the House Fly Platform whether or not related to any ongoing and then-existing Services Contract.

12.6. Notices.

Except as explicitly stated otherwise, any notice to House Fly shall be given by certified mail, postage prepaid and return receipt requested (“US Mail CM/RRR”) to:

House Fly Home Services, Inc.
ATTN: Terms of Service
7041 Canal Blvd. Ste 504
New Orleans, LA 70124

with a copy emailed to Legal@HouseFly.com

Such notices shall be deemed given three (3) business days after the date of the US Mail CM/RRR mailing. Any notices we give to you shall be provided to you through the House Fly Platform or given to you via the email address you provided to House Fly during the registration process or as otherwise listed in your Account, and such notice shall be deemed given immediately upon our so sending it. Alternatively, we may, but have no obligation to, give you notice by certified mail, postage prepaid and return receipt requested, or by overnight courier service, to the address provided to House Fly during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing or the day after delivery to overnight courier service.

12.7. Survivals.

12.7.1. The following provisions shall survive any termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service:

a) Sections: 1.1; 1.2; 1.4; 3.7 through 3.16, inclusive; 3.19 through 3.35, inclusive; 5 (except that your House Fly License is revoked and terminated and you shall not post or otherwise edit, create or make User Contributions); the last two sentences of Section 6.1.1 (which sentences are all capitalized); 6.1.3; 6.1.4; 6.1.5; 6.1.6; 6.1.9; 6.1.10; 6.1.11; 6.1.12; 6.1.13; and, 7 through 12, inclusive.

12.7.2. Also, the following provisions shall survive for two years after any termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service: Section 4.

12.7.3. Also, each provision of these Terms of Service which, by the express terms thereof, is stated to survive, shall survive any termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service.

12.7.4. Also, all definitions, regardless of where such definitions appears in these Terms of Service, shall survive any termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service.

12.7.5. Also, the following claims survive any termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service: all of our claims against you (whether for damages or other remedies) for your violation, breach, nonperformance or any other failure of any of your agreements, promises, obligations, representations or warranties whatsoever under, or arising under, these Terms of Service: (1) when such Terms of Service were an agreement between you and House Fly; or (2) as to any provisions which, by the above Sections 12.7.1, 12.7.2, 12.7.3 or 12.7.4, survive the termination, expiration, rescission, dissolution, cancelation, voiding or otherwise end to these Terms of Service.

12.8. Comments and Concerns

All other feedback, comments, requests for technical support and other communications relating to the House Fly Platform should be directed to Help@HouseFly.com.