📜 TERMS AND CONDITIONS
INTRODUCTION
Welcome to our mobile application POD (the “App”) and our website https://yourpronextdoor.com/ (the "Website" or “Platform”), owned and operated by Professionals on Demand LLC, hereafter collectively referred to in these Terms & Conditions as "Pros on Demand", "us", "our" or "we". Unless otherwise specified, all references to our services (the “Service”) include the content, tools, software (including our App software), services and products available through the POD App and Website. The term "user", "you" or "your" refers to the user of our Website, App and our Services including, but not limited to, the professional service provider (the “Service Provider”), the party receiving the services of a Service Provider (the “Customer”) and any visitors that do not register for an account with Pros on Demand. The following Terms & Conditions are a legally binding contract between you and Pros on Demandregarding your use of the Service.
Please read the following Terms & Conditions ("Terms" or "Agreement") carefully before accessing or using any of the Services. Each time you access or use our Services or purchasesomething through our Services, you, and if you are acting on behalf of a third party, such third party, agree to be bound by these Terms & Conditions and our Privacy Policy whether or not you register with us. If you do not agree to be bound by all of these Terms, you may not access or use our Service. Pros on Demand may change this Agreement at any time by posting an updated Terms & Conditions on this Website. If any amendment to these Terms is unacceptable to you, you shall cease using the Website or the App; otherwise you will be constructively deemed to have accepted the changes.
In addition, certain areas of the Service may be subject to additional Terms and Conditions that we have made available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional Terms and Conditions applicable to such areas. In the event that any of the additional Terms and Conditions governing such area conflict with these Terms, the additional Terms and Condition will control.
PLEASE READ THE BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER PROVISIONS IN THE DISPUTE RESOLUTION SECTION OF THESE TERMS. IT AFFECTS HOW DISPUTES ARE RESOLVED.BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, INCLUDING THE DISPUTE RESOLUTION, ARBITRATION PROVISIONS AND CLASS ACTION WAIVER AND ACCEPT ALL OF THE TERMS. YOU MAY NOT USE OR ACCESS OUR PLATFORM IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IMPORTANT DISCLAIMER
BY USING THIS PLATFORM YOU ACKNOWLEDGE, AND AGREE THAT USERS (SERVICE PROVIDERS AND CUSTOMERS) USING OUR PLATFORM ARE INDEPENDENT CONTRACTORS AND THAT PROS ON DEMAND IS NOT A PARTY TO ANY ENGAGEMENT, AGREEMENT, ARRANGEMENT, JOB, SERVICE, EMPLOYMENT, ASSIGNMENT OR TRANSACTION BETWEEN USERS OF OUR PLATFORM. NO AGENCY, PARTNERSHIP, JOINT VENTURE, OR EMPLOYMENT RELATIONSHIP BETWEEN PROS ON DEMAND AND ANY SERVICE PROVIDER, CUSTOMER OR OTHER USER OF OUR SERVICES IS CREATED AS A RESULT OF THESE TERMS & CONDITIONSOR ANY USER'S ACCESS TO, OR USE OF, ANY PART OF THE PLATFORM.
PROS ON DEMAND DOES NOT RECOMMEND OR ENDORSE ANY SERVICE PROVIDER, CUSTOMER OR OTHER USERS OF OUR SERVICES AND HAS NO CONTROL OF THE SERVICES PROVIDED BY SERVICE PROVIDERS; OR THE PAYMENT FOR THE SAME BY THE CUSTOMER. IT IS WITHIN THE SOLE AND ABSOLUTE DISCRETION OF THE USERS OF OUR SERVICES TO ENGAGE ONE ANOTHER. YOU SHOULD ALWAYS EXERCISE RESPONSIBILITY, DUE DILIGENCE AND CARE WHEN DECIDING WHETHER TO ENGAGE OR HAVE ANY INTERACTION, OR TRANSACT BUSINESS WITH ANY OTHER USER AS A SERVICE PROVIDER OR AS A CUSTOMER.
YOU AGREE THAT THE USE OF OUR SERVICES IS AT YOUR SOLE RISK AND BY USING THE PLATFORM, YOU UNDERSTAND AND AGREE THAT ANY LEGAL REMEDY OR RECOVERY THATYOU SEEK TO OBTAIN FOR ACTIONS, OMISSIONS, DAMAGES OR LOSSES CAUSED BY OTHER USERS OR OTHER THIRD PARTIES WILL BE STRICTLY LIMITED TO A CLAIM AGAINST THOSE PARTICULAR INDIVIDUAL USERS OR OTHER THIRD PARTIES AND NOT PROS ON DEMAND. YOU AGREE NOT TO ATTEMPT TO IMPOSE ANY LIABILITY ON, OR SEEK ANY LEGAL REMEDY FROM PROS ON DEMAND WITH RESPECT TO SUCH ACTIONS, OMISSIONS, DAMAGES OR LOSSES CAUSED BY OTHERS.
FURTHERMORE, YOU HEREBY AGREE THAT PROS ON DEMAND SHALL HAVE NO LIABILITY FOR ANY DAMAGES OR INJURIES TO YOU OR YOUR PROPERTY RESULTING FROM YOUR USE OF OUR DIRECTORY, PLATFORM OR ANY INTERACTION, ENGAGEMENT OR TRANSACTION WITH ANOTHER USER BY REASON OF YOUR ACCESS TO, AND USE OF, OUR DIRECTORY, PLATFORM OR SERVICES.
1. Eligibility for Our Service
a. By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into legally binding contracts including this Agreement.
b. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
c. Pros on Demand reserves the right to request documented proof of your compliance with these terms of eligibility.
2. Our Service
a. Pros on Demand provides a mobile application and technology Platform for Service Providers and the Customers that seek to hire a Service Provider, to connect for the purpose of engaging the Service Provider for their services. Customers can find Service Providers by their location in real time. When connected to a Service Provider, the Customer can negotiate the fee for the services with the Service Provider and will thereafter pay the Service Provider directly.
b. Pros on Demand’s content, Services and any products available in, or through ourApp and Website are for your personal use only. You may not sell or resell any of the Pros on Demand content, Services, software or products we provide to you or which you otherwise receive from us.
c. Any modifications and new features added to the Service are also subject to this Agreement.
d. Pros on Demand reserves the right to modify or discontinue the Service or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with, and belong exclusively to, Pros on Demand.
3. Accounts and Registration
a. To access some features of the Service you may be required to register for an account. When you register for an account, you will be required to provide us with some information about yourself (such as your name, date of birth, e-mail address, physical address, phone number or other personal information). Service Providers on our Platform may also be required to provide, without limitation, your business entity information, a driver license, picture ID, occupational classification data and information regarding any certification, licenses, permits or registrations you hold. Some of this information may be of a confidential nature and may include personal identifying information (all "Your Information").
b. If you provide Your Information to us then you agree to provide true, current, complete and accurate information, and not to misrepresent your identity. You also agree to keep Your Information current and to update Your Information if any of Your Information changes, including the revocation or expiration of any credentials, licenses or registrations you hold.
c. Our collection, use and disclosure of Your Information is governed by this Agreement and our Privacy Policy which you may access here.
4. Account Management
a. If you have been issued an account by Pros on Demand in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Pros on Demand, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Pros on Demand immediately.
b. Pros on Demand may send notices to the email address or text messages to your mobile phone registered with your account. You must keep your email address, mobile phone number and, where applicable, your contact details and payment details associated with your account current and accurate.
c. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you. If you have been refused an account, or your account has been terminated, you will not be permitted to register again.
d. You can cancel your account at anytime. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease.
e. We reserve the right to refuse to issue an account to anyone or permit access to the Service to anyone for any reason at any time.
5. Customer Account
Customer may create a free Pros on Demand account. If you do engage the services of one, or more, of the Service Providers through our platform, you agree that you will be responsible for, and pay the fees charged by the Service Provider, directly to the Service Provider, according to the terms you have agreed upon.
6. Service Provider Account
a. Free Account. Service Providers may create a free Pros on Demand account and personal profile. While this account is free at this time, Pros on Demand reserves the right to require that Service Providers convert their free account to a Paid Subscription Account in the future.
b. Connection Fee. Service Provider acknowledges and agrees to pay to Pros on Demand a “Connection Fee” for each confirmed Consumer service request that the Service Provider accepts regardless of the final service results. This fee is for facilitating the initial interaction and shall not be considered a payment for services to be performed. In the event that a Customer cancels a service after the Service Provider has accepted it the Service Provider may apply to the Pros on Demand Resolution Center for a credit or refund of the Connection Fee. The Resolution Center’s decision on a request for a credit or refund is final.
c. Free Trial Period. New Service Provider accounts will receive a three (3) month free trial period wherein you will not be charged a Connection Fee for those 3 months. Upon expiration of the free trial period the Service Provider shall automatically be billed and will pay a Connection Fee as stated in section 6.b. of this Agreement unless you request that we terminate your account.
d. Required Service Provider Information. Service Providers on our Platform may also be required to provide, without limitation, your business entity information, a driver license, picture ID, and information regarding any certification, licenses or registrations you hold. Pros on Demand will, in its sole and independent judgment, decide whether or not to issue a Pros on Demand account to the Service Provider. All decisions by Pros on Demand are final.
e. Payment Method. Payment of the Connection Fee, and other charges, such as paid advertising or paid display of a “Super Pro Badge” on the Service Providers profile will be made via Stripe, or another secure third party payment processing service provided by Pros on Demand. When you register for an account, you hereby authorize Pros on Demand to automatically charge your stored payment method for any Connection Fee or other charges you have agreed to.
f. Service Provider Representations. By registering for and using Pros on Demandto offer, post, or provide services, each Service Provider hereby represents and warrants that such Service Provider, and any of its employees, agents, suppliers, contractors, and subcontractors engaged in performing any portion of the Services (i) are duly qualified, experienced, and, where required by applicable law or regulation, licensed, certified, bonded, and insured in all jurisdictions in which the services are offered or performed; and, (ii) possess all requisite skills, training, and expertise necessary to perform the services for the specific job undertaken.
g. Legal Compliance. Service Provider represents and warrants that it has complied, and will continue to comply, with all applicable federal, state and local laws, rules, and regulations, including without limitation those relating to marketing, in connection with its use of Pros on Demand.
h. Performance Representation. Service Provider shall perform the Services in a timely, professional, and workmanlike manner consistent with generally accepted industry standards, in accordance with these Terms, and in conformity with any agreement entered into between the Service Provider and the Consumer.
i. No Guarantee. Service Providers acknowledge and agree that use of Pros on Demand does not guarantee you will receive jobs, engagement or revenue for any work from Consumers.
j. Background Check. As permitted by applicable law, Pros on Demand may, but is not obligated to, obtain directly or through third-party vendors, reports regarding a Service Provider, which may include, without limitation, criminal history and sex offender registry information. By using Pros on Demand, Service Provider authorizes Pros on Demand to use personal information, including but not limited to full legal name and date of birth, to obtain such reports. Pros on Demandreserves the right, in its sole discretion, to limit, block, suspend, deactivate, or terminate a Service Provider’s account, with or without notice, based on the results of such reports.
7. No Circumvention
To protect the integrity of our business model, all users agree that if a Customer and Service Provider connect through the platform, they must not engage in direct transactions outside the platform for a period of six (6) months from the date of their initial match or any time during which their engagement continues, whichever is longer.
Violating this provision may result in termination of account access for the Customer and the Service Provider, as well as monetary damages. The Company reserves the right to seek compensation equivalent to the lost revenue it would have received had the transactions occurred via the Platform. This clause shall survive termination of the agreement.
8. Independent Contractors; No Guarantees, Warrantees or Endorsements
The Service Provider users of our Services are independent contractors and Pros on Demand is not a party to any relationship, transactions, dealings or contracts between Service Providers and Customers, including proposals, selection, contracting and performance of Service Provider's services, as well as the Customer’s payment for Service Provider services. The Pros on Demand Platform is only a directory and venue that provides a Platform on which users can meet and independently decide whether or not to engage with each other. Pros on Demand does not have control over the quality, suitability, reliability, timing, legality, failure to provide, or any other aspect whatsoever of any services provided by Service Providers, nor of the integrity, responsibility or any of the actions or omissions of any Service Provider or Customer. Pros on Demand makes no representations, guarantees or warranties whatsoever with respect to Services offered or provided by Service Providers through the use of the Services, whether in public, private, in online or offline interactions; or about the certification, registration or licensing of any Service Provider.
The Customer acknowledges and agrees that Pros on Demand shall not be liable for any physical damage to their real or personal property or loss of any personal property contained in your real property as a result of the services provided by the Service Provider. Any recovery for damages or losses must be resolved between the Customer and the Service Provider themselves, and not recovered from Pros on Demand.
In furtherance of the above:
a. Pros on Demand is not a party to any agreement for Service Provider services and does not itself offer to perform any Service Provider services.
b. The users of our Services are not employees or agents of Pros on Demand.
c. Pros on Demand is not an agent or representative of any user.
d. Pros on Demand does not, in any way, supervise, direct, or control the Service Provider or the Service Provider’s services.
e. Pros on Demand makes no representations about, and does not guarantee or warranty the quality, safety, or legality of the Service Provider services, including, without limitation, all warranties, express or implied, Including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
f. Pros on Demand does not intervene in, or mediate any transaction or dispute between the Customer and Service Providers, including without limitation payment or performance disputes. If you have any issues with a Customer or a Service Provider respectively, you must resolve it between yourselves.
g. Pros on Demand Services may identify a Service Provider with a title, nevertheless, Pros on Demand does not endorse or recommend the services of any particular Service Provider, and we do not independently verify their representations about their services, their qualifications, their licenses, registration or credentials, their background, their identities, the ability of a Service Provider to deliver theirservices, nor do we validate any reviews. It is the sole responsibility of each Customer to evaluate the Service Provider and their qualifications to perform their services.
9. Licenses, Permits and Service Provider Qualifications
Pros on Demand does not verify any Service Provider's professional certification, license, registration or qualifications. Customers must determine for themselves whether a Service Provider is qualified to perform the services requested by the Customer.
10. Pros on Demand Designations and Representations Regarding Service Providers
a. Any reference, badge, designation or legend on the Platform, in marketing materials, or in any other communications issued or authorized by Pros on Demand to a Service Provider as being “licensed”, “credentialed”, “permitted”,“authorized”, “certified”, “top rated”, “background checked”, or any other substantially similar designation (collectively, "Designations") shall mean solely that the Service Provider has (i) completed the relevant account registration process on the Platform, and/or (ii) satisfied certain review or rating standards established by Pros on Demand in its sole discretion.
b. Such Designations do not constitute, and shall not be construed as, any further statement, implication, or confirmation regarding the Service Provider beyond the fact of such process completion or review standard satisfaction.
11. In Website or App Purchases
Pros on Demand may now, or in the future, provide you with the ability to make purchases of products and services through an In App Purchase option using our secure third party payment processing service. If you choose to make an In App Purchase, you will be prompted to confirm your purchase with the applicable payment processor, and provide them with your preferred method of payment, which will then be charged at the prices displayed to you at the time of purchase, along with any sales tax or other charges.You authorize Pros on Demand to charge, the payment method you specify at the time of purchase. Pros on Demand does not receive or store your method of payment information. If you have any questions regarding your method of payment information, you will need to contact the secure third party payment processing service. Please contact us at support@podapp.dev for instructions on how to contact the payment service.
12. Your License, Access and Use of our Services
a. Subject to your continued compliance with this Agreement, Pros on Demandgrants you, a limited, non-exclusive, revocable, non-sub-licensable, worldwide, license to access and use the Pros on Demand Website, mobile App and Servicessolely for your personal, noncommercial use. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause.
b. Your right to access and use our Services is personal to you and is not transferable by you to any other person or entity. Access to our Services may not be available in all locations. You are only entitled to access and use our Services for lawful purposes and pursuant to the terms and conditions of this Agreement and our Privacy Policy. Any action by you that, in our sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of our Services; or (iii) through the use of our Services, defames, abuses, harasses, offends or threatens others, shall not be permitted, and may result in your loss of the right to access and use our Services.
c. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (iii) you shall not access the Services in order to build a similar or competitive Service; and (iv) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
d. Furthermore, you agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our Services or any portion of our Services or for any other purpose, without our prior written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from our Services without our prior written permission and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of our Services or any activities conducted on our Services; (iv) bypass any robot exclusion headers or other measures we may use to prevent or restrict access to our Services, or (v) interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
e. Except as expressly permitted in this Agreement, you shall not collect or harvest any personally identifiable information, including account names, from our Services.
f. Our Services may now, or in the future, have "publicly accessible areas" that allow users to post their own User Content that will be accessible by the public or the user population generally. As a user of the Services, you acknowledge and affirmatively agree that in the course of using the Services you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate. You further agree that we shall not, under any circumstances, be liable in any way for any User Content.
g. You shall not use any communication systems provided on our Services including, without limitation email, for any commercial or solicitation purposes. You shall not solicit for commercial purposes any users of our Services without our prior written permission.
h. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to yourpurchases or use of the Services.
13. Suspension and Termination of Services
a. Pros on Demand may limit, suspend or terminate the Services to you if you fail to comply with these Terms, the Privacy Policy, the EULA for the App software or if you use the Services in a way that causes legal liability to us or disrupts use of the Service by other users.
b. Pros on Demand may also suspend the Services to youif we are investigating suspected misconduct by you. Pros on Demand will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action.
14. Information Accuracy
a. We attempt to ensure that information on our Website, in our App and in our Service is complete, accurate and current. Despite our best efforts, this information may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy, or currency of any information our Website, in our App and in our Service.
b. Furthermore, information on our Website, in our App and in our Service may contain typographical errors or omissions. We reserve the right to correct or make changes in such information without notice to you.
15. Proprietary Rights
As between Pros on Demand and you, Pros on Demand, or its licensors, own and reserve all right, title and interest in, and to, the Service and all hardware, software and other items used to provide the Service, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to, or ownership of, any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Pros on Demand.
16. Intellectual Property Rights
a. Our names, graphics, avatars, videos, logos, page headers, button icons, scripts, and service names are our trademarks or trade dress in the United States and/or other countries (collectively the "Proprietary Marks"), and are owned by Pros on Demand or licensed to us. You may not use the Proprietary Marks without our prior written permission.
b. We make no proprietary claim to any third-party names, trademarks or service marks appearing on our Services including, without limitation, those owned by any participating merchants accessible via our Website. Any third-party names, copyrights, trademarks and service marks are property of their respective ownersand users may not use them without independently obtaining a right to do so from the owner.
c. The information, content, documentation, guides, descriptions, advice, data, software and any other content viewable on, contained in, or downloadable from our Services (collectively, "Our Content"), including, without limitation, all maps, text, graphics, charts, pictures, photographs, images, videos, audio files, line art, icons and renditions, are copyrighted by Pros on Demand, or otherwise licensed to us by Our Content suppliers.
d. We also own a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of Our Content (the "Collective Work").
e. All software used on, or within our Website, App or Services is our property, or the property of our software vendors, and is protected by United States and international copyright laws. Viewing, reading, printing, listening to, downloading or otherwise using Our Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to Our Content, the Collective Work, or the Software.
f. You are solely responsible for any damages resulting from your infringement of our, or any third-parties, intellectual property rights regarding the Trademarks, Our Content, the Collective Work, the Software and/or any other harm incurred by us or our affiliates as a, direct or indirect, result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
17. Use of Our Content
a. We grant you a limited, revocable, non-sub licensable, non-exclusive, license to access, print, download or otherwise make personal use of Our Content and the Collective Work for your noncommercial personal use provided, however, that you shall not delete any proprietary notices or materials with regard to the foregoing.
b. You may not modify Our Content or the Collective Work or utilize them for any commercial purpose or any other public display, performance, sale, or rental, decompile, reverse engineer, or disassemble Our Content and the Collective Work, or transfer Our Content or the Collective Work to another person or entity.
18. User Content Rights and Related Responsibilities; Your License to Pros on Demand
a. "User Content" means, without limitation, any images, photos, artwork, messages,texts, digital files, documents, hyperlinks, music, audio, video, comments, reviews, feedback, suggestions, or any other content you upload, transmit or otherwise make available to Pros on Demand, and/or its users, via the Services.You represent and warrant that you own or otherwise control the rights to your User Content and that each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use those parts at any and all times. You further agree to indemnify Pros on Demand and its affiliates for all claims arising from or in connection with any claims to any rights in your User Content, or any damages arising from our use of your User Content.
b. By submitting User Content on or through the Service, you grant to Pros on Demand, and to each of the Pros on Demand users with whom you share your User Content, a perpetual, worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, re-use, broadcast, stream, download, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, edit, alter, modify, adapt, translate, create derivative works based upon, and to publicly perform such User Content without attribution, and without the requirement of any permission from, or payment to,you or to any other person or entity, in any manner including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes, and in any and all media now known or hereafter devised. You retain all rights in your Content, subject to the rights you granted to us, and to our users, in these Terms.
c. In order for us to provide the Service to you, we require that you grant us certain rights with respect to User Content, including the ability to transmit, manipulate, process, store and copy User Content. Your acceptance of this Agreement gives us the permission to do so and grants us any such rights necessary to provide the Service to you.
d. You agree that any User Content you submit to our Service in a public area of our Services may be viewed or heard by other users, any person visiting or participating in the Service, and by the public in general.
e. Pros on Demand expressly disclaims any liability for the loss or damage to any User Content or any losses or damages you incur as a result of the loss or damage of any User Content. It is your responsibility to back-up any User Content to prevent its loss.
f. You are solely responsible for your User Content, including, without limitation, reviews, comments and feedback, and any damages suffered by Pros on Demandresulting there from.
g. Pros on Demand may block, remove or return any User Content at any time in our sole discretion for any reason whatsoever, or for no reason at all. We are not responsible for the authenticity, accuracy, completeness, appropriateness, or legality of User Content.
h. User Content is not considered to be confidential. You agree not to submit User Content to a public area of our Services in which you have any expectation of privacy or confidentiality.
i. You may submit comments or ideas about the Services (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to use, and disclose, the Idea on a non-confidential basis or otherwise to anyone without any additional compensation to you.
j. You agree not to upload or post to a publicly accessible part of Service any content that is knowingly false, offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, defamatory, racially or ethnically offensive, invasive of privacy or publicity rights, inclusive of hate speech, violatesthe rights of any party, gives rise to liability, is politically oriented, contains corrupted data or any other harmful, disruptive, or destructive files or would constitute or encourage a criminal offense.
19. Interruption of Service
a. Your access to and use of our Services may be interrupted from time to time for any of several reasons, including, without limitation, inability to access a network to connect to the internet from your location, the malfunction of your or our equipment, periodic updating, maintenance or repair of our Services or other actions that we, in our sole discretion, may elect to take.
b. You agree that we will not be liable to you or to any third party for any interruptionof the Services or any part thereof.
20. Third Party Links and Affiliates; Products, Services and Content
Our Service may contain features, services and functionalities linking you to, or providing you with, access to third party products, merchandise, services, content, websites, directories, servers, networks, systems, information, databases, applications, software, programs, and the Internet as a whole. In certain instances, we may have an Affiliate relationship with these third parties and receive compensation from the operator of the third party website by virtue of your clicking to, or making a purchase on, that site.Because we have no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any products, merchandise, services, content, advertising or other materials on, or available from, such websites or resources. When you visit or use a third party’s website you are thereafter subject to, agree to read and consent to the third party’s Terms & Conditions and Privacy Policy and you release us from any liability.
21. Pros on Demand Mobile App Software End User License Agreement (EULA)
THE PROS ON DEMAND TERMS & CONDITIONS AND PRIVACY POLICY TERMS AND CONDITIONS, TO THE EXTENT NOT STATED HERE, ARE HEREBY INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE AS IF SET FORTH IN FULL.
THIS EULA, TOGETHER WITH THE PROS ON DEMAND TERMS & CONDITIONS AND PRIVACY POLICY, ARE THE ENTIRE AND EXCLUSIVE AGREEMENT BETWEEN YOU AND PROS ON DEMAND WITH RESPECT TO THE USE OF THE APPAND OUR SERVICE.
BY INSTALLING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS EULA, INCLUDING THE WARRANTY DISCLAIMERS, INDEMNITY, RELEASE, LIMITATION OF LIABILITY PROVISIONS AND OTHER TERMS CONTAINED IN THE PROS ON DEMANDTERMS & CONDITIONS AND PRIVACY POLICY. IF YOU DO NOT AGREE, THEN YOU MAY NOT USE THE SERVICE. IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT INSTALL THE APP OR OTHERWISE ACCESS OR USE OUR WEBSITE OR SERVICE.
We make software available to users in order to access the Pros on Demand mobile App via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Software. Pros on Demand does not warrant that the Mobile Software will be compatible with your mobile device.
Pros on Demand hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Pros on Demand account on a mobile device owned or leased solely by you, for your personal use.
You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright, trademark and other proprietary rights notices on the Mobile Software.
You agree that Pros on Demand may collect and use data, including but not limited to technical information about your mobile device, computer and physical location to facilitate the provision of user support, technical support, product improvement and software updates.
You acknowledge that Pros on Demand may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades.
Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Pros on Demand or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Pros on Demand reserves all rights not expressly granted under this Agreement.
The Mobile Software originates in the United States, and is subject to United States export laws and regulations. You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that (i) you are not located in any 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.
The Software and Documentation are provided with United States government Restricted Rights. Use, duplication, or disclosure by the United States government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (b) (1) and (2) of the Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
22. Mobile Application from a Third Party App Store
The following applies to any App Store Sourced Application accessed through or downloaded from a Third Party App Store:
a. You acknowledge and agree that (i) the Terms are concluded between you and Pros on Demand only, and not the Third Party App Store, and (ii) Pros on Demand, not the Third Party App Store, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the Third Party App Store Terms & Conditions.
b. You acknowledge that the Third Party App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
c. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify the Third Party App Store, and the Third Party App Store will refund the purchase price for the App Store Sourced Application to you, and to the maximum extent permitted by applicable law, the Third Party App Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Pros on Demand and the Third Party App Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Pros on Demand.
d. You and Pros on Demand acknowledge that, as between Pros on Demand and the Third Party App Store, the Third Party App Store is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
e. You and Pros on Demand acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Pros on Demand and the Third Party App Store, Pros on Demand, not the Third Party App Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Terms.
f. You and Pros on Demand acknowledge and agree that the Third Party App Store, and their subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, the Third Party App Store will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
g. Without limiting our Terms & Conditions, you must comply with all applicable third-party terms of agreement when using the Third Party App Store Sourced Application
23. Electronic Communications
a. Although we may choose to communicate with you by regular mail, we may also choose to communicate with you by electronic means including, without limitation, email, telephone, text, SMS or by posting notices on our Services. When you use our Services, you consent to communicating with us electronically.
b. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
24. Third Party Social Networking
The Pros on Demand Services may now, or in the future, support sign-on from third-party social networking sites to make it easier for you to sign in or create an account with Pros on Demand. If you elect to sign-on through a third-party social networking site, you may use those credentials, which will automatically be linked to your account. Use of third-party platforms to create and access your account is subject to the terms and conditions and privacy policies of such third parties. If you access our Services through a third party social networking site or application including, but not limited to, Facebook, Instagram or LinkedIn, you agree that you have read the third party social networking site Terms of Service and Privacy Policy, authorize Pros on Demand to access and store certain information about you that is made available through that third party social networking site, and further authorize us to collect, store, retain and use, your information in accordance with our Privacy Policy.
25. Security
Violating the security of our Services is prohibited and may result in criminal and civil liability. Pros on Demand may investigate incidents involving such violations and may involve, and will cooperate with law enforcement if a criminal violation is suspected. Security violations include, without limitation, unauthorized access to, or use of, data or systems including any attempt to probe, scan, or test the vulnerability of the Service or to breach security or authentication measures, unauthorized monitoring of data or traffic and interference with service to any user, host, or network.
26. Privacy and Your Personal Information
For information about the Pros on Demand data protection practices and privacy policies,please read our Privacy Policy here (include link to Privacy Policy page here). This policy explains how we treat your personal information, and protect your privacy when you use the Services. You agree to the use of your data in accordance with Pros on Demand Privacy Policy.
27. Geolocation
Pros on Demand may collect and store location data to provide you the features and functionality of the Service. We may collect your location information through your IP address, WiFi, Bluetooth, and GPS coordinates (e.g., latitude/longitude) available through your mobile device. We may also gather information about your location using other technologies and sensors which may provide us with information about nearby devices, WiFi access points and networks, and nearby cell towers. We may also share de-identified (anonymous) location information with our partners for tailored advertising, attribution, analytics, research and other purposes. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit our access to your location data.
28. Third-Party Services & Verification Limitation
Pros on Demand utilizes third-party APIs and services (including, but not limited to, Google Maps, AI-powered communication tools, identity verification systems, and license validation databases) to improve user experience. We are not liable for inaccuracies or failures in data provided by these external services. All information, including professional credentials or geographic data, is provided “as is” and “as available.”
29. Copyright and Intellectual Property Policy
We respect the intellectual property rights of others. We reserve the right to remove any Content on the Services which allegedly infringe upon another person's copyright, trademark or other intellectual property right, and/or terminate, discontinue, suspend and/or restrict the account or ability to visit and/or use the Services or remove, edit, or disable any User Content on the Services which allegedly infringe upon another person's intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act ("DMCA").
A valid complaint under the DMCA must provide the following information in writing:
a. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
b. Identification of the copyrighted work that you claim has been infringed.
c. Identification of the material that is claimed to be infringing and where it is located on the Service.
d. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, email address.
e. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
f. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Federal law provides that if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees. The above information must be submitted to the Copyright Agent at: support@podapp.dev.
30. Disclaimers; No Warranties
a. THIS WEBSITE AND OUR POD APP ARE INTENDED FOR INFORMATIONAL PURPOSES ONLY AND ALL INFORMATION IS PRESENTED AS IS, AND FOR REFERENCE ONLY. YOU ASSUME TOTAL RESPONSIBILITY AND RISK ASSOCIATED WITH USING THIS WEBSITE AND OUR MOBILE APPLICATION. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM OUR SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY. USER AGREES NOT TO SUE PROS ON DEMAND AND, TO THE MAXIMUM EXTENT ALLOWED BY LAW, TO RELEASE AND HOLD HARMLESS PROS ON DEMAND FROM ANY CAUSES OF ACTION, CLAIMS OR LOSSES RELATED TO ANY ACTUAL OR ALLEGED INACCURACIES IN THE INFORMATION ARISING OUT OF USER’S USE OF THE INFORMATION.
b. ALL DATA, INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS,SERVICES, PRODUCTS AND SOFTWARE AVAILABLE FROM PROS ON DEMANDARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PROS ON DEMAND AND ITS PARENT, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, (COLLECTIVELY, THE “PROS ON DEMANDPARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE DATA, INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES OR PRODUCTS AVAILABLE FROM PROS ON DEMAND WILL BE ACCURATE, ERROR-FREE, RELIABLE, CURRENT, COMPLETE OR MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, OR SECURE, OR (III) THE QUALITY OF ANY DATA, INFORMATION, ADVICE, RECOMMENDATIONS, DIRECTIONS, SERVICES OR PRODUCTS OBTAINED BY YOU FROM OR THOUGH US WILL MEET YOUR EXPECTATIONS.
d. THE SERVICES CAN INCLUDE TECHNICAL OR OTHER MISTAKES,MALFUNCTIONS, INACCURACIES OR TYPOGRAPHICAL ERRORS. FURTHERMORE, THE INFORMATION OR SERVICES ON THIS WEBSITE MAY BE OUT OF DATE. WE MAY MAKE CHANGES TO THE SERVICES, PRODUCTS AND INFORMATION ON THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES OR PRODUCTS LISTED HEREIN AT ANY TIME WITHOUT NOTICE; HOWEVER WE HAVE NO OBLIGATION TO DO SO.
e. THE PROS ON DEMAND PARTIES DO NOT WARRANT THAT THE SERVICES OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTION OR OTHER CONTENT OFFERED AS PART OF THE SERVICES, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
f. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT THROUGH THE SERVICE.
g. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME.
h. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME PARTS OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
31. Limitation of Liability
a. IN NO EVENT SHALL WE BE RESPONSIBLE OR LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, DAMAGES FOR ANY PERSONAL INJURY TO YOU, YOUR PERSONAL PROPERTY OR OTHER PARTIES, OR LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR ACCESS AND USE OF OUR APP, WEBSITE, SERVICES AND PRODUCTS; (II) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF OUR CONTENT OR THE COLLECTIVE WORK FOR YOUR USE; OR (V) YOUR RELIANCE UPON, OR USE OF,OUR DATA, CONTENT OR THE COLLECTIVE WORK, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
b. THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN OUR SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN OUR SERVICES.
c. WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL WE BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, PUBLIC HEALTH EMERGENCIES, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS OR NON-PERFORMANCE OF THIRD PARTIES.
d. YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT OR THE USE OF OUR SERVICES SHALL NOT EXCEED $100.00, IN THE AGGREGATE FOR ALL CLAIMS.
e. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
f. CERTAIN STATE OR JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
32. Pros on Demand Verification Disclaimer; Release
a. IT IS THE USER’S SOLE RESPONSIBILITY TO PERFORM OR OBTAIN ANY AND ALL BACKGROUND AND REFERENCE CHECKS REGARDING OTHER USERS, INCLUDING, WITHOUT LIMITATION A CRIMINAL BACKGROUND CHECK.
b. PROS ON DEMAND MAY, AT OUR SOLE AND EXCLUSIVE DISCRETION, PERFORM A BASIC BACKGROUND SCREENING ON ANY USER BY UTILIZING THIRD PARTY SERVICES AS APPROPRIATE. ALTHOUGH PROS ON DEMAND MAY REQUIRE BACKGROUND SCREENING OF USERS, WE ARE NOT REQUIRED OR OBLIGATED TO DO SO AND CANNOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE AND THEREFORE, PROS ON DEMAND CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF IDENTITY OR BACKGROUND SCREENING INFORMATION OR ANY INFORMATION PROVIDED THROUGH THE PROS ON DEMAND SERVICES BY THE USER.
c. FURTHERMORE, PROS ON DEMAND MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTY THAT ANY SERVICE PROVIDER'S REPRESENTATIONS ABOUT THEIR SERVICES, THEIR QUALIFICATIONS, THEIR LICENSES, THEIR CREDENTIALS, THEIR BACKGROUND, THEIR IDENTITIES OR THE ABILITY OF SERVICE PROVIDER TO DELIVER THEIR SERVICES. IT IS THE SOLE RESPONSIBILITY OF EACH CUSTOMER TO EVALUATE THE SERVICE PROVIDER AND THEIR QUALIFICATIONS TO PERFORM THEIR SERVICE.
d. YOU AGREE TO RELEASE PROS ON DEMAND, OUR AGENTS AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES, ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PROS ON DEMAND SERVICES TO THE FULLEST EXTENT PERMITTED BY LAW.
33. Indemnity
a. You agree that you will be personally responsible for your use of our App, Website and Services; and you further agree to defend, indemnify and hold harmless Pros on Demand, and its officers, directors, employees, consultants, affiliates, subsidiaries and agents from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ 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 App, Website and Service or the products you purchase through the Service; (ii) your violation of these Terms of Service or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your infringement upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others; (iv) your violation of any third party right, including without limitation publicity, confidentiality, or privacy right; (v) any serious emotional or physical harm, including death, to you or any third party resulting from your use of our App, Website or Services or productspurchased though the Service.
b. 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.
34. Release
a. IN EXCHANGE FOR YOUR RIGHT TO USE THE SERVICES, YOU RELEASE, TO THE MAXIMUM EXTENT ALLOWED BY LAW, PROS ON DEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, INCLUDING, WITHOUT LIMITATION, ANY DEATH OR SERIOUS EMOTIONAL OR SERIOUS PHYSICAL HARM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR USE OF OUR APP, WEBSITE AND SERVICES, AND ANY PRODUCTS OR MERCHANDISE RECEIVED OR PURCHASED THROUGH THE USE OF OUR SERVICE.
b. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
35. Interaction with Others
a. You are solely responsible for determining the identity, suitability, and for your interactions with the people you choose to engage with through our platform. When interacting with other users, you should exercise caution and common sense to protect your personal safety and property. We make no representations or warranties as to the conduct of the people you choose to interact with. While not obligated to do so, Pros on Demand reserves the right at its sole discretion to conduct any criminal or other background check or screenings at any time and using available public records.
b. You assume all risk when using our Services, including, without limitation, all risks associated with any online or offline personal interactions with others.
c. In no event shall Pros on Demand, its employees, consultants, executives or officers be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of a Customer or a Service Provider or anyone else in connection with the use of our Service including, without limitation, theft, bodily injury, emotional distress, death and/or any other damages resulting from communications with, contact with or personal interaction with other users.
36. Governing Law
This Agreement, and any separate agreements whereby we provide you Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in the State of Delaware.
37. Our Remedies
a. You acknowledge that we may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, we shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
b. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach shall be brought in the state courts of record or a United States District Court for the State of Delaware. You consent to the jurisdiction of such court and waive any objection to the venue of any such action or proceeding in such court.
38. Disputes Between Customers and Service Providers; Release of Pros on Demand
The Pros on Demand platform is a venue for connecting Customers with Service Providers and we are not a party to any engagement, agreement, arrangement, job, service, employment, assignment or transaction between users. In the event that a Customer and a Service Provider have a dispute with each other, we encourage you to contact the other party and try to resolve the dispute amicably. While we may offer limited support to facilitate communication or provide technical assistance, we do not provide arbitration or resolution services. Any conflict, dispute, or dissatisfaction must be resolved directly between the parties.
We do not assume liability for:
a. Missed appointments
b. Incomplete or unsatisfactory services
c. Verbal or physical misconduct
d. Loss of time, money, or property
e. Damages or injuries of any kind
IN CONSIDERATION FOR PERMITTING YOU TO USE OUR SERVICES, YOU HEREBY RELEASE THE PROS ON DEMAND AND ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AND EMPLOYEES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND THE USE OF OUR SERVICES.
39. Dispute Between Users and Pros on Demand; Resolution
PLEASE READ THIS SECTION CAREFULLY. THIS SECTION CONTAINS AN AGREEMENT TO ARBITRATE, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION. THIS SECTIONALSO CONTAINS AN AGREEMENT THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
Unless you Opt-Out in writing within 30 days of registering for an account with Pros on Demand, you and Pros on Demand agree that any claim or dispute at law or equity that has arisen, or may arise, between you and Pros on Demand (including any claim or dispute between you and a third-party agent of Pros on Demand) that relates in any way to or arises out of this or previous versions of this Agreement, your use of or access to the Services, the actions of Pros on Demandor its agents, or any products or services sold or purchased through the Services, will be resolved in accordance with the provisions set forth in this Dispute Resolution Section. If you wish to opt-out of arbitration, you can send us an opt-out notice to support@podapp.dev .
a. Applicable Law. You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Pros on Demand, except as otherwise stated in this Agreement.
b. Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Pros on Demand, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. You agree that, by entering into these Terms, you and Pros on Demand are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
c. PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF.YOU AND PROS ON DEMAND AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PROS ON DEMAND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
d. Pre-Arbitration Dispute Resolution. We at Pros on Demand believe that most Customerconcerns can be resolved quickly and to the Customer's satisfaction by emailing Customer support at support@podapp.dev. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Pros on Demand should be sent to the address provided in the Contact Us section at the end of these Terms of Service ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Pros on Demand and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Pros on Demandmay commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Pros on Demand or you shall not be disclosed to the arbitrator during the arbitration proceeding.
e. Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Pros on Demand and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for USD $10,000 or less, Pros on Demand agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds USD $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. Any payment of attorneys' fees will be governed by the AAA Rules.
f. Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
g. Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms of Service will continue to apply.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and us must be resolved exclusively by a state or federal court located in the State of Delaware. You and we agree to submit to the personal jurisdiction of the courts located within the State of Delawarefor the purpose of litigating all such claims or disputes. You also agree that: (i) our Services shall be deemed solely based in the State of Delaware; and (ii) our Services shall be deemed passive Services that do not give rise to personal jurisdiction over us and our assigns, either specific or general, in jurisdictions other than the State of Delaware.
40. Law Enforcement
a. Pros on Demand is committed to cooperating with law enforcement while respecting each individual’s right to privacy. If Pros on Demand receives a request for user account information from a government agency investigating criminal activity, we will review the request to be certain that it satisfies all legal requirements before releasing information to the requesting agency.
b. Furthermore, under 18 U.S.C. §§ 2702(b)(8) and 2702(c)(4) (Voluntary Disclosure Of Customer Communications or Records), Pros on Demand may disclose user account information to law enforcement, without a subpoena, court order, or search warrant, in response to a valid emergency when we believe that doing so is necessary to prevent death or serious physical harm to someone. Pros on Demandwill not release more information than it prudently believes is necessary toprevent harm in an emergency situation.
41. Statutory Rights; Notice To California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently at: 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone, currently at (800) 952-5210 in order to resolve a complaint regarding our Website.
42. Accessibility Statement
Pros on Demand is committed to making its Website and mobile App usable by all people by meeting or exceeding the requirements of the Web Content Accessibility Guidelines 2.0 Level AA (WCAG 2.0 AA). To reach this goal we strive to have all of our visitors be able to access and understand our Services and the products available on our Platform. While some existing content may not be in compliance, and some content may meet only the minimum required compliance standards, we continue to make every effort to improve the Website and App and remove barriers that prevent persons with disabilities from interacting with, or accessing, information made available on our Platform. If you need assistance interacting with our Website or App, or accessing information on our Platform, please email us at support@podapp.dev and we will work with you to provide the assistance you need. Please note that our Website and App may link to, or interface with, third party websites that we do not control. These third-party websites may not have undertaken the efforts that Pros on Demand has to comply with WCAG 2.0 AA standards. We welcome all feedback on improving our site's accessibility for all of our users. If, at any time, you have specific questions or concerns about the accessibility of any particular page, please contact us at support@podapp.dev. We thank you for your assistance in enhancing the accessibility of our Platform.
43. Amendments to this Agreement
We reserve the right to update, amend and/or change this Agreement at any time in our sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon us posting the updated Agreement on our Services. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately below this Agreement. Your continued access and use of our Services following the posting of any such changes shall automatically be deemed your acceptance of all changes.
44. Severability
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
45. No Waiver
Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
46. Entire Understanding
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and us regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
CONTACT US:
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@podapp.dev ormail us here:
Professionals on Demand LLC
20701 N Scottsdale Rd Ste107 #622
Scottsdale, AZ 85255
If you have to provide us with any Notice, or have any questions, comments, concerns or feedback regarding this Agreement or our Services, please contact us at support@podapp.dev ormail us here:
Professionals on Demand LLC
20701 N Scottsdale Rd Ste107 #622
Scottsdale, AZ 85255
Last updated: August 14, 2025