{"id":1000128,"date":"2018-11-23T15:02:25","date_gmt":"2018-11-23T15:02:25","guid":{"rendered":"https:\/\/champelyseesheavenlycleaning.com\/?page_id=1000128"},"modified":"2018-11-23T15:02:25","modified_gmt":"2018-11-23T15:02:25","slug":"champelysees-cleaning-terms-of-service","status":"publish","type":"page","link":"https:\/\/champelyseesheavenlycleaning.com\/index.php\/champelysees-cleaning-terms-of-service\/","title":{"rendered":"CHAMPELYSEES CLEANING TERMS OF SERVICE"},"content":{"rendered":"
Last Updated: October 16th, 2012<\/p>\n
CHAMPELYSEES CLEANING, Inc. is pleased to make its Service, as described below, available to you on the following terms and conditions. The Terms of Service are a legal contract between the individual using the Service (\u201cyou<\/span>\u201c) and CHAMPELYSEES CLEANING, Inc. (\u201cCompany<\/span>,\u201d \u201cwe<\/span>,\u201d \u201cus<\/span>,\u201d or \u201cour<\/span>\u201c). As referenced in this agreement, \u201cSite<\/span>\u201d means the website operated by the Company and currently located at https:\/\/champelyseesheavenlycleaning.com\/<\/a>, as it may be updated, relocated, or otherwise modified from time to time, and includes any and all information, text, images, and other materials and content appearing on or incorporated into that website. The terms \u201cCHAMPELYSEES CLEANING<\/span>\u201d or \u201cService<\/span>\u201d mean the Site or any other web sites, networks, embeddable widgets, downloadable software, mobile applications including tablet computer applications (each an \u201cApp<\/span>\u201c), features, messages such as emails that we may send you, and services, whether on-line or off-line, owned or operated by the Company.<\/p>\n By downloading the App or otherwise accessing or using the Service (including the App), you:<\/p>\n Terms Governing App and Service Use, Location-Based Services<\/span><\/p>\n Your access to and use of the Service is expressly conditioned on your agreement to and compliance with these Terms. BY CLICKING \u00e2\u20ac\u0153I AGREE,\u00e2\u20ac\u009d ACCESSING, BROWSING, OR USING THE SERVICE (INCLUDING ANY APP), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF SERVICE. Subject to your compliance with all terms and conditions herein, the Company grants you permission to use the Service as set forth in the Terms as well as a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the App in object code format, solely for your personal use, on only one mobile device that you own or control. The App provides features that enable the Company to tailor your experience based on your location (\u00e2\u20ac\u0153Location-based Services<\/span>\u00e2\u20ac\u009d). In order to use Location-based Services, you must allow the Company access to your localized position through your mobile device, which the Company may accomplish through a variety of means, including GPS location, if available. If you choose to disable location-based services, you will not be able to utilize certain features of the App. By authorizing the Company to access your location, you agree and acknowledge that (i) device data we collect from you is directly relevant to your use of the App and (ii) the Company may provide Location-based Services related to your then-current location. The Service may provide certain real time route guidance. YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.<\/p>\n 1. The Service; Eligibility<\/span><\/p>\n THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 18, OR TO ANY PERSON SUSPENDED OR REMOVED FROM THE SERVICE BY THE COMPANY. BY ACCESSING, BROWSING, OR USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICE.<\/p>\n If you are using the Service on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative with the authority to bind such organization to the Terms, and agree to be bound by the Terms on behalf of such organization.<\/p>\n 2. The Service<\/span><\/p>\n CHAMPELYSEES CLEANING is a platform for connecting individuals like you who are looking for assistance with various types of projects or tasks (each a \u00e2\u20ac\u0153Job<\/span>\u00e2\u20ac\u009d), and CHAMPELYSEES CLEANING-affiliated assistants (each an \u00e2\u20ac\u0153EA<\/span>\u00e2\u20ac\u009d) that may be willing to perform such Jobs. The Company interviews and runs a background check for each EA, but the Company does not and cannot guarantee the accuracy or completeness of any background check or that a particular EA is qualified to perform a particular Job, as it is solely the responsibility of each EA, and not the Company, to determine whether they are qualified and capable of completing a particular Job. Even when accurate, background checks do not necessarily predict future behavior. WHEN YOU REQUEST SERVICES FROM OR OTHERWISE INTERACT WITH AN EA, YOU SHOULD EXERCISE COMMON SENSE AND CAUTION TO PROTECT YOUR AND OTHERS\u2019 PERSONAL PROPERTY AND PERSONAL SAFETY, INCLUDING BY SUPERVISING EAS IN THE SAME MANNER THAT YOU WOULD SUPERVISE ANYONE ELSE PROVIDING SERVICES TO YOU THAT YOU DO NOT KNOW.<\/p>\n Materials Provided by You.<\/span>\u00a0The Company does not claim ownership of any Job requests, images, or other materials (\u00e2\u20ac\u0153Submissions<\/span>\u00e2\u20ac\u009d) you submit through CHAMPELYSEES CLEANING, however, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to provide any such materials for the Company\u2019s use in providing the Service, and you agree to grant and hereby grant the Company a transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Submissions on and\/or in connection with the Service.<\/p>\n 3. Registration<\/span><\/p>\n Username and Password.<\/span>\u00a0You must create an account in order to use some features of the Service. You are responsible for safeguarding the username and password that you use to access any secure or password-protected areas of the Service. You must not to disclose your password to any third party. You are solely responsible for any activities or actions under your username and password, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your username or password.<\/p>\n Connecting Your Account.<\/span>\u00a0By connecting the CHAMPELYSEES CLEANING with a third-party service (such as Twitter or Facebook), you give us permission to access and use your information from that service as permitted by that service, store your log-in credentials for that service, and post information on your behalf through the service.<\/p>\n Accuracy.<\/span>\u00a0You must provide true, accurate, current, and complete information about yourself as requested by any form you complete as part of the process of registering for the Service and\/or setting up your account. If we enable you to log in to CHAMPELYSEES CLEANING using your credentials from a third party services (such as Twitter or Facebook), you must ensure that all information you make available to us through such third party services (e.g. your name, email address, physical address, gender, and birthday) is true, accurate, and complete. If any information provided by you is untrue, inaccurate, not current, deceptive, misleading, or incomplete, we reserve the right to terminate your account and refuse any and all current or future use of the Service. You are responsible for keeping your account information current and accurate; we will have no liability for failure to deliver notices that result from inaccurate account information.<\/p>\n 4. Charges<\/span><\/p>\n When you make a Job request, the Company will help facilitate the transaction by providing a mechanism for paying amounts due in connection with each Job (\u00e2\u20ac\u0153Charges<\/span>\u00e2\u20ac\u009d). Charges for Jobs are nonrefundable and will be charged to you in accordance with the Company\u2019s fee schedule in place at the time you request a Job, which the Company may update from time to time on a going-forward basis. You are liable for any and all taxes (other than taxes based on the Company\u2019s income) for (a) the services provided by the Company, and (b) related to the Jobs performed by EAs.<\/p>\n The Company will charge you for Jobs through the payment method specified in your account (e.g. a credit card). If you pay any applicable Charges with a credit card, the Company may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your requested Job. You authorize such credit card account to pay any amounts described herein, and authorize the Company to charge all sums described herein to such credit card account. You agree to provide the Company updated information regarding your credit card and account upon the Company\u2019s request and any time the information earlier provided is no longer valid.<\/p>\n 5. SMS Messaging<\/span><\/p>\n When you sign up for the Service, the Company may need to send you SMS Messages in order to confirm your phone number or keep you informed about your a job an EA may be performing for you. Some of these messages maybe necessary for the fulfillment of the Service and cannot be opt-ed out of. Depending on your current carrier plan, you may incur charges for these SMS Messages, and agree to not hold the Company liable for any charges incurred.<\/p>\n 6. Notice Regarding Apple (for iOS App users)<\/span><\/p>\n You acknowledge that these Terms are between you and the Company only, not with Apple and Apple is not responsible for the iOS App and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. You agree to comply with any applicable third party terms, when using the iOS App.<\/p>\n In the event of any failure of an iOS App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant iOS App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the iOS App. Apple is not responsible for addressing any claims by you or any third party relating to the iOS App or your possession and\/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the iOS App or your possession and use of the iOS App infringes that third party\u2019s intellectual property rights. Apple, and Apple\u2019s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms.<\/p>\n You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a \u00e2\u20ac\u0153terrorist supporting\u00e2\u20ac\u009d country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.<\/p>\n 7. Feedback<\/span><\/p>\n You may provide the Company with information and feedback regarding the features and performance of the Service, including reports of failures, errors, or other malfunctions you encounter on the Service along with any associated error messages (the \u00e2\u20ac\u0153Feedback<\/span>\u00e2\u20ac\u009d). Feedback provided to the Company may be used by the Company to improve the Service, and accordingly, you hereby grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.<\/p>\n 8. Privacy<\/span><\/p>\n Our Privacy Policy (a current copy of which may be viewed at\u00a0<\/span>http:\/\/iamCHAMPELYSEES CLEANING.com\/privacy<\/a>) is hereby incorporated into the Terms by reference. Please read this policy carefully for information and notices concerning our collection, use, and disclosure of certain information we receive when you register for, use, or access the Service. You hereby agree to abide by our Privacy Policy and to stay informed of any changes to the posted policy.<\/span><\/p>\n 9. Notifications; Modification of Terms<\/span><\/p>\n We may provide notices to you either by posting them on the Site or by email to the address you provided when you registered for an account. All notices are effective upon posting or when sent. Additionally, we may modify the Terms of Service and\/or our Privacy Policy at any time by posting the modified version on the Site or by sending you a copy by email. Please check the Terms periodically for changes. By continuing to access or use the Service after we have posted or emailed any such modifications, you agree to be bound by the modified Terms of Service or Privacy Policy (as applicable), but solely on a going forward basis. Material changes to the Terms will automatically become effective, on a going forward basis, thirty (30) days after they are posted to the Site or sent to you via email. The following Sections survive any termination of this Agreement: Provisions prior to Section 1, 2, 4, and 6\u00e2\u20ac\u201c18.<\/p>\n 10. Company Property<\/span><\/p>\n Your rights with respect to the Service are limited to those rights expressly granted in the Terms of Service. You acknowledge and agree that the Company and its licensors own all right, title, and interest in and to the Service, including all intellectual property rights therein, even if the Company or its licensors incorporate any materials provided or made available by you into subsequent versions of the Service. The Service is protected by copyright, trademark, trade secret, and other laws of both the United States and foreign countries. Except as expressly permitted in the Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or exploit any portion of the Service, including without limitation any information provided through the Service.<\/p>\n The content of the Service includes copyrighted materials, trademarks, trade secrets, and other proprietary information, which may include, without limitation, personal information of users, text, software, photos, video, audio visual recordings, graphics, music and sound. The entire contents of the Service and subsets thereof are also protected by copyright as collective works. The Company owns a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. You may not create a database or other archival collection in electronic or physical form by downloading and storing, transcribing, or otherwise utilizing by any manual or automated means, any materials contained on the Service.<\/p>\n 11. General Prohibitions<\/span><\/p>\n You agree not to do or attempt (or request that any third party do or attempt) any of the following during or in connection with yours (or there) use of the Service:<\/p>\n 12. Termination of Use; Discontinuation and Modification of the Service<\/span><\/p>\n If you violate any of the Terms of Service, your permission to use the Service will automatically terminate. You also agree that we may, at any time and without notice to you, suspend or revoke your access to and use of the Service, and any account(s) you may have in connection with the Service: (i) for any reason or no reason at all; (ii) where we determine in our sole discretion that such action is reasonable in order to comply with legal requirements or to protect the rights or interests of the Company or any third party; or (iii) in connection with any general discontinuation of the Service. We also reserve the right to modify the Service at any time without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or revocation of your access to or use of the Service. You may terminate this Agreement, and your account, at any time by contacting customer service at support@iamCHAMPELYSEES CLEANING.com.<\/p>\n 13. Indemnity<\/span><\/p>\n You agree that you will be personally responsible for your use of the Service, and you agree to defend, indemnify and hold harmless The Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the \u00e2\u20ac\u0153Company Entities<\/span>\u00e2\u20ac\u009d) from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys\u2019 and accounting fees and costs, arising out of or in any way connected with (i) your access to, use of or alleged use of the Service; (ii) your violation of the Terms of Service or any representation, warranty, or agreements referenced herein; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim or allegation of a third party that the Company has referred to you, to the extent based on any actual or alleged act or omission on your part or behalf, or any other claim or allegation arising as a result of such referral; and (v) any disputes or issues between you and any EA or third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.<\/p>\n 14. Use of The Service Is Entirely At Your Risk<\/span><\/p>\n THE SERVICE IS PROVIDED \u00e2\u20ac\u0153AS IS\u00e2\u20ac\u009d AND ON AN \u00e2\u20ac\u0153AS AVAILABLE\u00e2\u20ac\u009d BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; (II) ANY WARRANTIES ARISING OUT OF COURSE-OF-DEALING, USAGE, OR TRADE; (III) ANY WARRANTIES THAT THE INFORMATION OR RESULTS PROVIDED IN, OR THAT MAY BE OBTAINED FROM USE OF, THE SERVICE OR JOBS REQUESTED OR PERFORMED IN CONNECTION WITH THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, RELIABLE, COMPLETE, OR UP-TO-DATE; (IV) ANY WARRANTIES, REPRESENTATIONS, PROMISES OR SIMILAR STATEMENTS MADE BY AN EA; AND (V) ANY WARRANTIES WHATSOEVER REGARDING ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ADVERTISED, MADE AVAILABLE, OR REFERRED TO YOU THROUGH THE SERVICE. YOU ASSUME ALL RISK FOR ALL DAMAGES, INCLUDING DAMAGES RELATING TO A JOB, TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED, USED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK.<\/p>\n WHEN YOU USE THE SERVICE TO REQUEST AND HAVE AN EA PERFORM A JOB, YOU UNDERSTAND AND ACKNOWLEDGE THAT NO EA HAS AUTHORITY TO MAKE ANY CHANGES TO THESE TERMS, AND THAT ANY STATEMENTS, REPRESENTATIONS, OR WARRANTIES MADE BY AN EA OR ANY THIRD PARTY ARE DISCLAIMED BY THE COMPANY AND DO NOT EXPAND OR OTHERWISE MODIFY THESE TERMS. WITH THE EXCEPTION OF THE FACT THAT THE COMPANY INTERVIEWS AND RUNS BACKGROUND CHECKS BASED ON THE IDENTIFICATION INFORMATION PROVIDED BY EACH EA, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY REGARDING THE QUALITY, RELIABILITY, SAFETY, COMPLETENESS, FITNESS, OR NATURE OF ANY SERVICES PROVIDED BY AN EA.<\/p>\n SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p>\n 15. Limitation of Liability and Release<\/span><\/p>\n TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY ENTITIES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OPERATING OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY ENTITIES ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF EAS, OTHER USERS, OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WE ARE NOT LIABLE FOR YOUR RELIANCE ON INFORMATION PROVIDED BY AN EA OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD INDEPENDENTLY VERIFY THE INFORMATION MADE AVAILABLE BY AN EA OR THROUGH THE SERVICE TO ENSURE THAT IT IS ACCURATE, COMPLETE, AND APPROPRIATE FOR YOU. YOU ARE RESPONSIBLE FOR WORKING WITH AN EA TO DEFINE THE NATURE AND SCOPE OF EACH JOB AND ENSURING SUCH JOB COMPLIES WITH ALL APPLICABLE LAWS. JOBS MAY BE INHERENTLY RISKY AND COULD LEAD TO LOSS OF OR INJURY TO PROPERTY, PERSONAL INJURY, OR DEATH. COMPANY ENTITIES WILL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN ANY OF THESE EVENTS. THE COMPANY ENTITIES WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE.<\/p>\n IN THE EVENT YOU HAVE A DISPUTE RELATED TO A JOB YOU REQUESTED THROUGH CHAMPELYSEES CLEANING, YOU HEREBY RELEASE CHAMPELYSEES CLEANING, INC. (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DAMAGES (ACTUAL OR CONSEQUENTIAL), OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY\u2019S FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING FROM OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. IF IT WOULD OTHERWISE APPLY TO YOU, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: \u00e2\u20ac\u0153A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF CHAMPELYSEES CLEANINGUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.\u00e2\u20ac\u009d<\/p>\n YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE IS LIMITED TO THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE (INCLUDING AMOUNTS CHARGED IN CONNECTION WITH JOBS) DURING THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO YOUR CLAIM, OR (II) $50. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.<\/p>\n SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.<\/p>\n 16. Dispute Resolution and Arbitration<\/span><\/p>\n\n
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