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TurnAndTidy Customer and Website Terms of Use

TurnAndTidy Customer and Website Terms of Use

Effective Date: [EFFECTIVE DATE]

DRAFT — LICENSED ATTORNEY REVIEW REQUIRED BEFORE PUBLICATION

These Customer and Website Terms of Use (“Terms”) govern your use of:

TurnAndTidy is a software platform owned and operated by JHL, LLC (“JHL,” “we,” “us,” or “our”).

By creating or using a Customer account or otherwise using the applicable portions of TurnAndTidy, you agree to these Terms.

1. What TurnAndTidy Is

TurnAndTidy provides software used by independent cleaning businesses (“Cleaning Companies”) to help manage their businesses.

A Cleaning Company may use TurnAndTidy to provide you with information such as:

A Customer portal may display the Cleaning Company's name, logo, and branding.

JHL provides the software platform. JHL is not the Cleaning Company and does not provide the underlying cleaning services.

2. Pilot/Beta Notice

TURNANDTIDY IS CURRENTLY AN EARLY-STAGE PILOT/BETA PRODUCT.

The Service is under active development.

Features, interfaces, reports, workflows, availability, pricing, and other aspects of TurnAndTidy may change.

The Service may experience:

We do not guarantee uninterrupted or continuous availability.

We may modify, suspend, or discontinue part or all of the Service. Where reasonably practicable, we will provide appropriate notice of material changes affecting registered users.

You should contact your Cleaning Company directly if you need confirmation of information that is important or time-sensitive.

3. Your Cleaning Company Is Responsible for Cleaning Services

Your Cleaning Company—not JHL—is responsible for the cleaning services you purchase or receive.

JHL does not:

Questions concerning cleaning quality, personnel, appointments, cancellations, refunds, property damage, missing property, invoices, or other service issues should be directed to your Cleaning Company.

Nothing in these Terms makes JHL a party to your agreement with your Cleaning Company.

4. Accounts

If you create a TurnAndTidy account, you agree to:

You may use only accounts and information you are authorized to access.

5. Information Displayed in Your Portal

Most information displayed in a Customer portal is supplied or created by your Cleaning Company and its personnel.

This may include:

JHL generally does not independently verify this information.

If information appears incorrect, contact your Cleaning Company.

6. Property-Access Information

Your Cleaning Company may use TurnAndTidy to store property-access information such as:

Only provide property-access information that you are authorized to provide.

You should promptly notify your Cleaning Company when access information changes or should no longer be used.

No electronic system can be guaranteed to be completely secure. JHL uses measures intended to protect information handled by the Service, but cannot guarantee that information stored or transmitted electronically will never be accessed, disclosed, lost, or compromised.

Additional information about JHL's handling of personal information appears in the TurnAndTidy Privacy Policy.

7. Cleaning Reports, Photographs, and Checklists

Cleaners may use TurnAndTidy to complete checklists and upload photographs, notes, and observations about a cleaning visit.

TurnAndTidy may assemble this information into a cleaning report.

These materials are supplied by the Cleaning Company and its personnel.

JHL does not independently:

A TurnAndTidy report is therefore not an independent inspection or certification by JHL.

8. Invoices and Payment Information

Your Cleaning Company may use TurnAndTidy to create and display invoices.

During the current pilot, TurnAndTidy does not process payments from you to your Cleaning Company.

Your Cleaning Company may manually record payments made through other methods, such as cash or check.

A “paid,” “unpaid,” or similar status displayed in TurnAndTidy reflects information entered by the Cleaning Company. It is not independent confirmation by JHL that funds were paid, received, cleared, refunded, or remain due.

Questions or disputes about an invoice or payment should be directed to the Cleaning Company.

9. Communications

TurnAndTidy may send transactional emails or other notifications concerning matters such as:

Delivery is not guaranteed.

Do not rely solely on a TurnAndTidy notification for information that requires immediate confirmation.

Marketing communications, where used, are subject to applicable law and any choices provided to you.

10. Your Content

You may be able to provide information through TurnAndTidy, including account information, messages, property instructions, or other content (“Your Content”).

You retain any rights you have in Your Content.

You grant JHL permission to host, store, process, transmit, display, and otherwise use Your Content as reasonably necessary to operate TurnAndTidy and provide the functionality you request.

You agree not to submit content that:

11. Privacy

The TurnAndTidy Privacy Policy describes JHL's handling of personal information.

Your Cleaning Company may separately collect and use personal information in connection with its own business. Its privacy practices are its responsibility and may be governed by separate notices or policies.

12. Acceptable Use

You may not use TurnAndTidy to:

  1. violate law or another person's rights;
  2. access another person's account or information without permission;
  3. obtain or use property-access information without authorization;
  4. interfere with the operation or security of the Service;
  5. introduce malicious software;
  6. attempt to circumvent security restrictions;
  7. impersonate another person;
  8. use the Service to harass, threaten, deceive, or defraud;
  9. scrape or systematically extract information except where expressly permitted; or
  10. use TurnAndTidy for an unlawful purpose.

13. Intellectual Property

TurnAndTidy and its software, interfaces, designs, documentation, trademarks, and proprietary technology belong to JHL or its licensors.

Subject to these Terms, JHL grants you a limited, personal, nonexclusive, nontransferable, revocable right to use the applicable portions of TurnAndTidy for their intended purposes.

Cleaning Company names, logos, and trademarks belong to the applicable Cleaning Company or their respective owners.

14. Third-Party Relationships

Cleaning Companies are independent businesses.

JHL does not endorse, warrant, or guarantee any Cleaning Company's services merely because that company uses TurnAndTidy.

The Service may also depend upon third-party providers such as Internet, email, hosting, browser, or telecommunications services. JHL does not control those third parties.

15. Suspension and Termination

JHL or your Cleaning Company may restrict or terminate your access to a Customer portal when:

JHL may also suspend or discontinue the Service as part of operating or ending the pilot.

Following termination, JHL is not required to continue providing access to your Customer portal except where applicable law requires otherwise.

Contact your Cleaning Company if you require copies of cleaning reports, invoices, or other business records maintained by that company.

16. Disclaimer of Warranties

ATTORNEY REVIEW RECOMMENDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TURNANDTIDY IS PROVIDED “AS IS” AND “AS AVAILABLE.”

JHL does not guarantee that:

To the maximum extent permitted by law, JHL disclaims implied warranties including merchantability, fitness for a particular purpose, and noninfringement.

Nothing in these Terms eliminates warranties or other rights that applicable consumer-protection law does not permit JHL to disclaim.

17. Limitation of Liability

ATTORNEY REVIEW STRONGLY RECOMMENDED, PARTICULARLY AS APPLIED TO CONSUMERS.

For purposes of this Section, the “JHL Parties” means JHL, LLC and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and assigns.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE JHL PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF TURNANDTIDY.

Without limiting the foregoing, JHL is not responsible for claims arising from:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, JHL'S TOTAL AGGREGATE LIABILITY TO YOU FOR CLAIMS ARISING OUT OF OR RELATING TO TURNANDTIDY WILL NOT EXCEED $100.

These limitations do not apply to liability that applicable law does not permit JHL to limit or exclude.

18. Responsibility for Your Conduct

ATTORNEY REVIEW RECOMMENDED.

You are responsible for your own unlawful, fraudulent, or unauthorized use of TurnAndTidy.

To the maximum extent permitted by law, you agree to reimburse the JHL Parties for reasonable losses, liabilities, or costs resulting from third-party claims caused directly by:

  1. content you knowingly submit without the necessary rights or permissions;
  2. your fraudulent or unlawful use of TurnAndTidy; or
  3. your intentional unauthorized access to another person's account, data, or property-access information.

This Section does not require you to indemnify JHL for JHL's own wrongdoing or for matters for which applicable law does not permit indemnification.

19. Dispute Resolution and Arbitration

ATTORNEY REVIEW STRONGLY RECOMMENDED BEFORE THIS SECTION IS USED WITH CONSUMERS. VERMONT LAW SPECIFICALLY SCRUTINIZES CERTAIN JURY-TRIAL AND CLASS-ACTION WAIVERS IN STANDARD-FORM CONTRACTS WITH INDIVIDUALS. THE FINAL ACCEPTANCE FLOW IS ALSO IMPORTANT TO ENFORCEABILITY.

19.1 Governing Law

These Terms are governed by the laws of the State of Vermont, without regard to conflict-of-laws principles.

The Federal Arbitration Act governs this arbitration agreement to the extent applicable.

19.2 Informal Resolution

Before starting arbitration, you or JHL must provide written notice describing the dispute and requested resolution.

The parties will attempt in good faith to resolve the dispute for at least 30 days.

19.3 Small Claims Court

Either you or JHL may bring an individual claim in small claims court if the claim qualifies for that court.

19.4 Agreement to Arbitrate

Except for individual small claims and disputes that applicable law does not permit to be arbitrated, you and JHL agree that disputes arising out of or relating to TurnAndTidy or these Terms will be resolved by binding individual arbitration rather than litigation in court.

Arbitration will be administered by the American Arbitration Association under its applicable Consumer Arbitration Rules.

JHL will pay arbitration fees to the extent required by applicable law or the applicable arbitration rules.

The arbitrator may award any individual relief available under applicable law.

19.5 Location and Remote Proceedings

Unless applicable law requires otherwise, arbitration will take place in Vermont.

However, a consumer may participate remotely when permitted by the arbitration rules, and nothing in these Terms is intended to require a consumer to incur unreasonable travel expense to pursue a claim.

19.6 Individual Proceedings

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND JHL AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A MEMBER OF A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

This provision applies only to the extent it is lawful and enforceable.

19.7 Jury Trial

Where a dispute is validly subject to arbitration, there is no judge or jury trial.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND JHL ALSO WAIVE A JURY TRIAL FOR ANY DISPUTE THAT IS LITIGATED IN COURT AND FOR WHICH SUCH A WAIVER IS LAWFUL AND ENFORCEABLE.

19.8 30-Day Arbitration Opt-Out

You may opt out of the arbitration agreement in this Section by sending JHL written notice within 30 days after you first accept these Terms.

Your notice must:

Opting out of arbitration does not affect the other provisions of these Terms and will not affect your ability to use TurnAndTidy.

If you validly opt out, disputes between you and JHL that would otherwise have been subject to arbitration may be brought in a court having jurisdiction, subject to applicable law.

19.9 Arbitration Acknowledgment

ACKNOWLEDGMENT OF ARBITRATION

I understand that these Terms contain an agreement to arbitrate certain disputes with JHL, LLC. Unless I timely opt out as described above, disputes covered by the arbitration agreement generally will be decided by an impartial arbitrator rather than by a judge or jury in court, subject to the exceptions stated in these Terms and rights that applicable law does not permit me to waive.

[IMPLEMENTATION NOTE: COUNSEL SHOULD REVIEW WHETHER TO REQUIRE A SEPARATE CHECKBOX OR OTHER ELECTRONIC SIGNATURE FOR THIS ACKNOWLEDGMENT. RETAIN THE USER, TERMS VERSION, TIMESTAMP, AND ACCEPTANCE OR OPT-OUT RECORD.]

19.10 Severability

If any portion of this arbitration agreement is held unenforceable, it will be severed or limited to the extent legally permitted.

No provision will be interpreted to require arbitration or waive a right where applicable law prohibits that result.

20. Changes to These Terms

TurnAndTidy is an evolving pilot, and these Terms may change.

For material changes, we will provide reasonable notice before the changes become effective unless immediate changes are reasonably necessary for legal, security, or operational reasons.

Where applicable law requires affirmative consent to a change, we will request it.

The revised Terms will state their effective date.

21. Assignment

You may not transfer your TurnAndTidy account or assign these Terms without JHL's consent.

JHL may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change in control, or transfer of the TurnAndTidy business.

22. Notices

Notices to JHL may be sent to:

JHL, LLC
[REGISTERED BUSINESS ADDRESS]
[CONTACT / NOTICE EMAIL]

We may provide notices to you through TurnAndTidy, by email, or through another reasonable method.

23. General Terms

23.1 Entire Agreement

These Terms and the TurnAndTidy Privacy Policy constitute the agreement between you and JHL concerning your use of TurnAndTidy.

Your separate agreement with your Cleaning Company is between you and that Cleaning Company.

23.2 Severability

If any provision is invalid or unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will continue in effect.

23.3 No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

23.4 No Third-Party Beneficiaries

Except for the JHL Parties expressly protected by these Terms, these Terms do not create third-party beneficiary rights.

23.5 Survival

Provisions that by their nature should survive termination will survive, including intellectual-property, disclaimer, limitation-of-liability, responsibility-for-conduct, and dispute-resolution provisions.

24. Contact

Questions about these Terms may be directed to:

JHL, LLC
[REGISTERED BUSINESS ADDRESS]
[CONTACT / NOTICE EMAIL]