These Terms of Service (the “Terms”) are a binding legal agreement between you and Valet Living, LLC, a Delaware limited liability company, and its affiliates (“Valet Living,” “we,” “us” and “our”). The Terms govern your use of our services as described in Section 1 below (the “Valet Living Services” or “Services”) or purchase of our products (“Products”) and the platform through which the Services or Products are offered, including our mobile applications, websites, Facebook and other social media applications or pages, online or phone support offerings, and any other access point we make available to you (collectively, the “Valet Living Platform”). BY ACCESSING THE VALET LIVING PLATFORM, USING THE SERVICES OR PURCHASING THE PRODUCTS, YOU ACCEPT THESE TERMS (INCLUDING THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CONTAINED IN SECTION 17 BELOW). IF YOU DO NOT AGREE WITH THESE TERMS, YOU CANNOT USE THE SERVICES, PURCHASE PRODUCTS, OR ACCESS THE VALET LIVING PLATFORM. PLEASE READ THEM CAREFULLY. PLEASE NOTE THAT YOUR USE OF THE VALET LIVING SERVICES MAY BE SUBJECT TO ADDITIONAL TERMS APPLICABLE TO SPECIFIC SERVICES.
You understand and agree that we may change the Terms from time to time and that any such changes will be effective immediately (except as otherwise described in Section 15 below) when we post the modified Terms. Your continued access of the Valet Living Platform and use of the Valet Living Services after we post the modified Terms will constitute your consent to be bound by the modified Terms.
If you are accessing or using the Valet Living Platform as a contractor, your independent contractor agreement with Valet Living (“Contractor Agreement”) also applies. If you are accessing or using the Valet Living Platform as (or on behalf of) a property manager or property owner, the Service Agreement between Valet Living and the property owner (“Service Agreement”) also applies. In the event of a conflict between these Terms and a Contractor Agreement or Service Agreement, the Contractor Agreement or Service Agreement will control.
Terms used herein and not otherwise defined shall have the meaning set forth in the Definitions section included at the end of these Terms.
1. The Services; Service Providers.
The Valet Living Services are doorstep collection services, interactive doorstep, on-demand services for multiple amenities (including pet walking, maid cleaning, trash service), group fitness classes, concierge services, coordination of quick turns services, and such other services which may be offered by us from time to time. The details of each Service may be further specified in a service description or scope of work (each a “Scope of Work”). In addition, you may be required to agree to a liability waiver in order to participate in our fitness classes. Each Scope of Work and liability waiver that you agree to when ordering specific Services is incorporated herein by reference. To provide the Valet Living Services, we use employees or independent contractors, or other representatives that have completed our application and have cleared a background check conducted by a third party (collectively, “Service Providers”). In order to provide certain Services, our Service Providers will require access to your residence, and you hereby agree to grant them access in accordance with the Agreement. Upon request for Services, you consent to your community’s property management office providing us and/or Service Providers keys and/or access to your residence to provide the Services, and agree to provide any other information reasonably required by Valet Living and/or the Service Providers to perform the Services. You should exercise caution and use your independent judgment when interacting with, sharing information with, or using the Service Providers. Users of the Valet Living Platform and Services are solely responsible for making decisions that are in the best interests of themselves and their possessions.
2. Grant of License.
Valet Living grants you a limited, non-exclusive, non-transferable, revocable license, without right to sub-license, to access and use the Valet Living Platform and Services, solely for your own personal purposes, subject to the terms of the Agreement. All rights not expressly granted herein are reserved by Valet Living. Use of the Services is also subject to your payment of the fees associated with such Service in accordance with Section 8 “Charges and Payment of Fees; Cancellation; Promotional Credits”. You understand and agree that Valet Living may discontinue or change any of the Services at any time without notice. Also, you understand and agree that Valet Living may discontinue or restrict your use of the Services for any reason without notice.
The Agreement does not convey to you any ownership interest in or to the Valet Living Platform or Services, but only a limited and revocable license to access and use the Valet Living Platform for the purposes of ordering and receiving the Services or Products. Nothing in the Agreement constitutes a waiver of Valet Living’s Intellectual Property Rights under any law. Use of the Services in violation of the limited license granted hereunder will result in the termination of this license and may expose you to claims for damages. You agree to take all necessary steps to prevent any unauthorized disclosure or use of the Valet Living Platform and Services, or any part of them, by others.
You acknowledge that the Valet Living Platform is controlled in and originates from the United States. Valet Living makes no representation that the Valet Living Platform is appropriate or available for use in other locations. Valet Living has no responsibility for any access to the Valet Living Platform from territories where such access may be illegal or otherwise prohibited.
3. Intellectual Property Ownership.
Valet Living alone shall own all right, title, and interest in the Services, Content, Valet Living Platform, features, functions, and Valet Living Technology displayed or provided by Valet Living, including, but not limited to, all related Intellectual Property Rights. The compilation of all content included in or made available through the Valet Living Platform or Services is the exclusive property of Valet Living and protected by U.S. and international copyright laws.
Valet Living’s name, trademarks, service marks and logos, and the product names associated with the Valet Living Platform and Services, are trademarks and/or service marks and/or trade names owned by Valet Living or third parties who licensed their rights to Valet Living, and no right or license is granted hereunder to use them. You may not adapt or otherwise use any name, mark, or logo that is identical, or confusingly similar to any of Valet Living’s trademarks, service marks, and logos. You must avoid any action or omission which may dilute or tarnish Valet Living’s goodwill.
Users of the Services may post reviews, opinions, comments, drawings, photos, videos, and other content, and may submit feedback suggestions, ideas, comments, and questions (collectively, “Submissions”), provided such Submissions comply with Section 4 below and are not invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties. Valet Living reserves the right (but not the obligation) to remove or edit Submissions. Except as set forth herein, we do not claim ownership over Submissions. However, if you do post or send us Submissions, you represent and warrant that you are the rightful owner of all rights to the Submission or that you are licensed by the rightful owners to post and use such Submissions on the Internet through the Valet Living Platform and Services; that the Submissions are accurate; and that use of the Submissions does not violate these Terms and will not cause injury. You hereby grant to Valet Living a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, display, perform, publish, create derivative works, and distribute any Submissions that you upload, post or submit to the Valet Living Platform or otherwise share with Value Living or our Service Providers, in any media or format. The foregoing license includes the right to use the name that you submit in connection with the Submission. Valet Living has the right, but not the obligation, to monitor and edit or remove any Submission, activity, or other content. We are not responsible for and assume no liability for, any content posted by you or any third party.
4. Restrictions on Use; Acceptable Uses.
You represent and warrant that (i) you are at least eighteen (18) years of age; (ii) you are legally entitled to enter into these Terms; (iii) 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 “terrorist supporting” country; and (iv) you are not listed on any U.S. Government list of prohibited or restricted parties. You may not: (i) sell, resell, transfer, assign, copy, distribute, market, sublicense or otherwise commercially exploit the Valet Living Platform or Services or make them available to any third party in any way; (ii) benchmark, display publicly, decompile, disassemble, reduce to human readable form, execute publicly, adapt, process, compile, translate, lend, rent, or reverse engineer the Valet Living Platform or combine the Valet Living Platform or any of the Services with other software or services; (iii) interfere in any manner with the functionality of the Valet Living Platform or Services or use the Valet Living Platform or Services in any way that breaches any code of conduct, policy or other notice applicable to the Valet Living Platform or Services; (iv) copy any ideas, features, workflows, functions or graphics of the Valet Living Platform or Services or any Content; (v) use the Valet Living Platform or Services for commercial purposes; (vi) modify, alter or create derivative works of the software, or any part of the Valet Living Platform or Services, either by yourself or by a third party on your behalf, in any way or by any means whether electronic, mechanical, optical or others, other than as expressly permitted in these Terms; (vii) remove or tamper with any trademark, logo, copyright or other intellectual property notice appearing on or contained within the Valet Living Platform or Services, whether of Valet Living or any other third parties; or (viii) otherwise use the Valet Living Platform or Services not in compliance with the Agreement.
In addition, you specifically agree not to, in any way: (i) access (or attempt to access) the Valet Living Platform or Services by any unauthorized or automated means other than through an interface that is provided by Valet Living; (ii) interfere with or disrupt the integrity or damage the performance of the Valet Living Platform or Services or any other computer system or network or circumvent or manipulate the operation or functionality of the Valet Living Platform or Services, including any hosting services provided by third parties to facilitate the use of the Valet Living Platform or Services; (iii) post false, inaccurate, or misleading content or content which is not compatible with the defined topics, or with the rules of behavior, on the Valet Living Platform or in connection with the Services; (iv) use robots, crawlers and/or similar applications to collect and compile content from the Valet Living Platform or Services for the purposes of competing with Valet Living, or in such ways that might impair or disrupt the Valet Living Platform or Services’ functionality; (v) impersonate any person or entity, or make any false statement pertaining to your identity, employment, agency or affiliation with any person or entity, or use any account except your own; (vi) post commercial content, including advertisements, sponsorships, solicitations, endorsements and public relations material, or use the Valet Living Platform to post or share any illegal, defamatory, obscene, harmful, harassing, or fraudulent content; (vii) engage in any illegal activities; (viii) violate the security or integrity of any network, computer or communications system, software application, or network or computing device involved in the Valet Living Platform or Services; (ix) interfere with the proper functioning of any system used in connection with the Valet Living Platform or Services, including deliberate attempts to overload a system by mail bombing or flooding techniques or denial of service attacks, or make any other attempt to circumvent Valet Living security or security measures with respect to the Valet Living Platform or Services; (x) use the Services to identify Service Providers or Residents in order to complete transactions outside of the Valet Living Platform. In the event you have pets, you represent and warrant that your pets will be fully vaccinated and up to date on all forms of preventative medicine prior to receiving Services from a Service Provider and that your pets are free from fleas, ticks, and other pests.
Should Valet Living become aware that you have violated anything in this Section 4, or otherwise in Valet Living’s sole discretion, Valet Living shall be entitled, at its own discretion, to remove the offending content immediately, terminate your user account under Section 10 below and/or notify the relevant authorities. You agree to indemnify Valet Living and its officers, directors, agents, and employees, and hold them harmless against all damages and expenses (including reasonable attorneys’ fees) arising out of claims of third parties based on or related to your breach of any undertakings or representations herein or any of your actions or omissions with respect to the Valet Living Platform or Services.
5. Registration and User Account; Responsibilities.
Downloading any applications and registration with the Valet Living Platform are free of charge. However, the access and use of the Services are paid services, according to the charges posted by Valet Living (see below Section 8 “Charges and Payment of Fees; Cancellation; Promotional Credits”). If you fail to settle your fees to our satisfaction, then your account shall be terminated.
When you register with the Valet Living Platform and/or use the Services, we will ask you to provide us with certain contact and personal details. If you wish to purchase any of the Services or Products, we will also ask you to provide us with your payment details. We will explicitly indicate the fields for mandatory completion. If you do not enter the requisite personal information in these fields, you will not be able to register with the Valet Living Platform or use the Services. You agree to provide true, accurate, current, and complete information about yourself when registering for an account on the Valet Living Platform and to maintain and promptly update the information you provide to keep it true, accurate, current and complete. You agree not to: (i) select a username that, to your knowledge, is already used by another person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Valet Living, in its sole discretion, deems offensive or inappropriate. You may not transfer, assign or sell your account (including for purposes of rating and feedback) to any third party. To log in, you must use your email address and password you entered in the registration process. We may also establish and require from time to time additional or different means of identification and authentication for logging in and accessing your account.
You are responsible for maintaining the confidentiality of your account and password, and for all activities that occur under your account or password.
You are fully accountable for any outcome resulting from your failure to provide true, accurate, and complete details in the course of the registration process, and for any use or misuse of your account if you convey your details to someone else or fail to protect your account credentials.
You are responsible for all of the acts or omissions associated with your user account, access and use of the Valet Living Platform and Services, and the access and use of the Valet Living Platform and Services by anyone on your behalf. You agree to abide by all applicable local, state, national and foreign laws, treaties, and regulations in connection with your use of the Valet Living Platform and Services, including those related to data privacy, international communications, and the transmission of technical or personal data. You agree, generally, to comply with any instructions concerning access to and/or use of the Valet Living Platform and Services that Valet Living may offer from time to time.
6. Text Messaging, Email and Telephone Calls; Photo and Videos.
When you communicate with us by email, text message, or through the Valet Living Platform (including the mobile app), you are communicating with us electronically. You understand and consent to receive communications from us electronically and You agree that Valet Living may contact you by telephone, email, or text message (including by an automatic telephone dialing system) at any of the phone numbers or email addresses used to communicate with us or otherwise provided by you or on your behalf in connection with a Valet Living account. If you opt-in to receive text-based marketing communications from us, You understand and consent that you will receive text messages from an automated system. You further understand that your consent is not required to make any purchase. You may withdraw your consent at any time by texting STOP to the appropriate shortcode (or in reply to the text message), or by emailing us at firstname.lastname@example.org. You also agree that Valet Living and its Service Providers may take, post, upload, share, and store pictures, videos, and other forms of recorded media of your pet in connection with the Services. You agree that Valet Living may use such recorded media to provide information to you and to assist with quality control, safety, and marketing material. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media and that the use of such media, including the posting or display of such media, is within Valet Living’s sole discretion.
7. Privacy & Security.
Please review our Privacy Notice, which also governs your use of the Valet Living Platform and Services, to understand our practices.
8. Charges and Payment of Fees; Cancellation; Promotional Credits.
Valet Living may charge and collect fees for use of the Services in accordance with its billing practices and procedures then in effect upon your use of the Services. Valet Living’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes based solely on Valet Living’s net income.
Valet Living reserves the right to modify its fees and charges and to introduce new charges at any time. All amounts paid are non-refundable.
You may cancel your scheduled Services through the Valet Living Platform at any time, subject to the following conditions: (i) if you cancel more than two (2) hours before a scheduled Service appointment, there is no cancellation fee; and (ii) if you cancel during the two (2) hours before a scheduled Service appointment, you will be charged 50% of the amount due for such requested Service. This cancellation policy applies both for one-time Service bookings and for recurring Service appointments. A Service appointment may only be canceled through the Valet Living Platform.
You agree to provide Valet Living with complete and accurate billing and contact information as shall be requested by Valet Living. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Valet Living reserves the right to terminate your access to the Valet Living Service in addition to any other legal remedies. If you believe any charges are incorrect, you must contact Valet Living via email to email@example.com within 30 days of the charges containing the amount in question to be eligible to receive an adjustment or credit.
Valet Living may from time to time offer you promotional credits for specific Services designated by Valet Living. Promotional credits are valid for a limited time only and expire on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. Valet Living reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credits.
Valet Living promotional credits have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Valet Living Platform. Promotional credits may not be purchased for cash, and Valet Living does not sell promotional credits. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction-based taxes that may be applicable to you, and/or fees or charges for use of any ineligible Services. Your Valet Living account will be billed for all fees and charges for use of any ineligible Services. Each promotional credit can only be used once, and your Valet Living account will be billed for all fees and charges for use of any eligible Service in excess of the amount of available promotional credit.
Promotional credit you receive is personal to you and the community in which you live when the promotional credits are offered to you. You may not sell, license, rent, or otherwise transfer promotional credits, or use promotional credits at any other residential community. Promotional credit may be applied only to your account, and may not be applied to any other account.
9. Availability & Internet Delays.
The availability and functionality of the Valet Living Platform and Services depend on various factors and elements, including software, hardware and communication networks, and are partially provided by third parties. These factors are not fault free. We do not warrant or guarantee that the Valet Living Platform or Services will operate without disruption, limitations, delays, errors or interruptions, or that they will be accessible, available at all times, or immune from unauthorized access. We cannot guarantee the security of your information transmitted to the Valet Living Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Valet Living Platform.
10. Term and Termination.
Valet Living may terminate these Terms or a Scope of Work, or terminate or suspend your access to the Valet Living Platform or Services at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Valet Living Platform and Services will immediately cease. You may discontinue your use of the Valet Living Platform and Services for any reason and at any time, subject to any contractual commitment for Services. You may remove the configuration of the Valet Living Platform and/or Services from your mobile phone. You may also cancel your user account by contacting us at firstname.lastname@example.org. Your account on the Valet Living Platform shall be terminated expeditiously, though we may retain information about You and Your account, and your transaction history, in accordance with our records retention policies. You agree and acknowledge that we do not assume any responsibility with respect to, or in connection with, the termination of the Services.
Any breach of your payment obligations, unauthorized use of the Valet Living Platform and Services or other material failure by you to comply with these Terms will entitle Valet Living, without derogating from any other remedies available to it, to immediately suspend or terminate these Terms with no liability or refund to you.
11. Disclaimer of Warranties.
THE VALET LIVING PLATFORM, SERVICES AND THE CONTENT ARE PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS IN RELATION TO THE SERVICE OR THE CONTENT, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY VALET LIVING (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS. WITHOUT DEROGATING FROM THE AFORESAID, VALET LIVING AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE VALET LIVING PLATFORM OR SERVICES OR ANY CONTENT. VALET LIVING (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNEES) AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE VALET LIVING PLATFORM OR SERVICES WILL BE TIMELY, UNINTERRUPTED, OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE VALET LIVING PLATFORM SERVICES AND/OR THEIR QUALITY WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY CONTENT WILL BE ACCURATE OR RELIABLE, (D) ERRORS OR DEFECTS WILL BE CORRECTED, (E) THE VALET LIVING PLATFORM OR SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, (F) THE VALET LIVING PLATFORM OR SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE IMMUNE FROM ANY INTERRUPTION OR SUSPENSION CAUSED BY FACTORS OUTSIDE OF VALET LIVING OR THE SERVERS’ OPERATORS’ REASONABLE CONTROL, INCLUDING ANY FORCE MAJEURE EVENT OR INTERNET ACCESS OR RELATED PROBLEMS, OR (G) YOUR MOBILE DEVICE WILL BE COMPATIBLE WITH VALET LIVING’S SOFTWARE, THE VALET LIVING PLATFORM, AND SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VALET LIVING HEREBY DISCLAIMS ALL WARRANTIES, RESPONSIBILITY AND LIABILITY ARISING FROM OR RELATED TO LOST KEYS, ANY UNAUTHORIZED USE OR ACCESS TO YOUR KEYS OR IMPROPER LOCKING OF RESIDENCES. EXCLUDING VALET LIVING’S OR SERVICE PROVIDER’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY HEREBY DISCLAIMS ALL DAMAGES TO YOUR PERSONAL AND REAL PROPERTY ARISING FROM REASONABLE WEAR AND TEAR OR ORDINARY CARELESSNESS OF VALET LIVING AND ITS SERVICE PROVIDERS, INCLUDING, WITHOUT LIMITATION, LOST KEYS.
12. Limitation of Liability.
IN NO EVENT SHALL VALET LIVING’S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO VALET LIVING FOR THE SERVICES OR PRODUCTS GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL VALET LIVING BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE VALET LIVING PLATFORM, PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE VALET LIVING PLATFORM, PRODUCTS OR SERVICES, FOR ANY CONTENT OBTAINED FROM OR THROUGH THE VALET LIVING PLATFORM OR SERVICES, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF VALET LIVING HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Legal Obligations; Indemnification.
You agree to comply with all applicable laws and regulations to ensure the safety, health and security of Service Providers while performing the Services. Accordingly, you agree that you shall not (i) in any way harm, threaten to harm or intentionally or recklessly create an environment to cause harm to our Service Providers; (ii) engage in any behavior that discriminates against our Service Providers because of the individual’s color, race, sex, age, national origin, handicap, sexual orientation or religion; or (iii) make or attempt to make any unwanted sexual advance or statement to our Service Providers. In compliance with these obligations, you agree that before requesting Services involving your pets, you shall ensure that such pets are free from pests, fully vaccinated and up to date on all forms of preventative medicine. Should Valet Living become aware that you have violated anything in this Section 13, Valet Living shall be entitled, at its own discretion, to terminate your user account under Section 10 above and/or notify the relevant authorities.
You agree to indemnify, defend and hold harmless, Valet Living and its managers, directors, shareholders, employees, contractors, Service Providers, agents, licensors and anyone acting on Valet Living’s behalf (the “Valet Living Parties”), at your own expense immediately after receiving a written notice from us, from and against any damages, loss, costs, expenses and payments, including reasonable attorneys’ fees and legal expenses, resulting directly or indirectly from (a) any complaint, claim, or demand, arising from or in connection with your use of the Valet Living Platform and Services or your breach of this Agreement, or any other terms, rules, laws or regulations applicable to the Valet Living Platform and Services, (b) your violation or infringement of any other person’s rights, (c) any negligent acts, omissions or willful misconduct by you which causes harm to the Valet Living Parties in connection with providing the Services. Valet Living reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Valet Living in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account.
Valet Living may give you notice by means of a general notice on the Services or by electronic mail to your e-mail address on record in Valet Living’s account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to Valet Living, and such notice shall be deemed given when received by Valet Living at:
100 South Ashley Drive, Suite 700
Tampa, FL 33602
ATTN: General Counsel
15. Modification to Terms.
Valet Living reserves the right to modify these Terms at any time. Substantive changes will take effect 30 days after Valet Living posts an initial notification on the Valet Living Home Website homepage or any other relevant web pages on the Website, with respect to such changes. Other changes will take effect 7 days after their initial posting on the Website, unless we amend the Agreement to comply with legal requirements. In such cases, the amendments will become effective immediately upon their initial posting, or as required. Continued use of the Services after any such changes shall constitute your consent to such changes. If you do not agree with any of the amended terms, then you must avoid any further use of the Valet Living Platform and Services. The date at the bottom of this Agreement indicates the last date that the Agreement was updated. We advise you to periodically read the terms of this Agreement, as they may change from time to time.
16. Third-Party Services; Links.
The Valet Living Platform or Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
The Agreement shall be governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to the choice or conflicts of law provisions of any jurisdiction.
You and Valet Living agree that any legal disputes or claims arising out of or related to the Agreement (including but not limited to the use of the Valet Living Platform and Services, the purchase of Products, or the interpretation, enforceability, revocability, or validity of the Agreement, or the arbitrability of any dispute), that cannot be resolved informally shall be submitted to binding arbitration in Tampa, FL, except that you may assert claims in small claims court if your claims qualify. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and Valet Living. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. YOU AND VALET LIVING AGREE THAT ANY CLAIM, ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE, COLLECTIVE, OR CLASS PROCEEDING. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND VALET LIVING ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE OR REPRESENTATIVE ACTION.
To the extent that the arbitration provisions provided for herein do not apply, you expressly consent to the jurisdiction of the state and federal courts of Florida for any claims under these Terms (except for small claims court actions which may be brought in the county where you reside). Further you hereby waive any right to a jury trial.
The Agreement comprises the entire agreement between the parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between the parties as a result of the Agreement, the purchase of Products, or use of the Services. The failure of Valet Living to enforce any right or provision in the Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Valet Living in writing. The section headings in the Agreement are included for convenience only and shall take no part in the interpretation, or construing of the Agreement. “Including”, whether capitalized or not, means without limitation. The Agreement may not be assigned by you without the prior written approval of Valet Living, and any assignment without such prior written consent shall be void.
19. Changes in Ownership.
Valet Living may transfer ownerships rights and title in the Valet Living Platform and Services to any affiliated or unaffiliated third party (whether by way of merger, sale of shares, sale of assets, license or otherwise), provided that your rights according to this Agreement are not infringed by the transfer of ownership. In that case, all of your details and information pertaining to you will be passed on to the person or entity receiving the rights in the Valet Living Platform and Services, and you hereby give your prior consent thereto.
Sections 3, 12, 13, 14, and 17 – 22 inclusive shall survive the termination or expiration of this Agreement.
21. Consumer Complaints.
If you have a complaint regarding the Services, please contact email@example.com; California residents may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112; Sacramento, CA 95834 or by phone at (800) 952-5210.
Capitalized terms used herein or in any Scope of Work and not otherwise defined shall have the meaning set forth below:
“Agreement” means these Terms, each Scope of Work, and terms of any Services subscription, and any software license, whether written or submitted online and any materials specifically incorporated by reference herein, as such materials may be updated by Valet Living from time to time in its sole discretion;
“Content” means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Valet Living Platform and Services;
“Intellectual Property Rights” means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world and any goodwill associated therewith; and
“Valet Living Technology” means all of Valet Living’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Valet Living in using the Valet Living Platform and providing the Services.
23. Additional Terms Regarding Product Purchases.
To the extent permitted by applicable law, Valet Living disclaims all warranties with respect to its products, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and any warranty that Product descriptions are accurate, complete, reliable or error-free. Valet Living may refuse to ship or provide a Product or fulfill an attempted purchase of a Product for any reason permissible under law.
Purchased Products or other physical items from Valet Living may be shipped to you. You bear the risk of loss and title for such items after we provide the item to the carrier. Returns and refunds may be subject to additional terms provided to you when you purchase a Product. In the absence of any such further terms or rights available under applicable law, Valet Living reserves the right to refuse to accept any return and to refuse to issue a refund in its sole discretion. Valet Living does not take title to items returned to Valet Living via shipment until received by Valet Living, and you bear the risk of loss and title for such items after you provide such items to the carrier and before such items are received by Valet Living.
In the event of pricing errors, Valet Living, in its sole discretion, may choose to either (a) provide the Product at the stated price, (b) adjust the price (if such adjustment would result in a lower price) and ship the Product, (c) cancel the order, (d) adjust the price higher and confirm with you whether you would like to pay the increased price, and, if you agree, ship the item to you and charge the higher price.