Terms of Use and Privacy Policy

Acceptance of the Terms of Use

Last Updated 1/6/2020  

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("User" or "you" or "your") and The Ravens Wings Home Services, Inc. ("The Ravens Wings Home Services" or "we" or "us"). The following terms and conditions, govern your access to and use of The Ravens Wings Home Services  (the "Service"), and your access to and use of The Ravens Wings Home Service's website located at www.ravenswingsservices.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website and  the Internet Services are collectively referred to as the " Platform"), whether as a guest or a registered User.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND THE RAVENS WINGS HOME SERVICES HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 30 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST THE RAVENS WINGS HOME SERVICES TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.  

Please read these Terms of Use carefully before you start to use the Platform. By accessing or using any aspect of the Platform you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use (including the dispute resolution and arbitration provisions in Section 20) and our privacy policy, found  in section 25  ("Privacy Policy"), incorporated herein by reference (together herein referred to as this "Agreement"). If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use, you must not use or access the Platform or the “Services,” as defined below in Section 2.

By accessing and using any aspect of the Platform, you represent and warrant that: (a) you are at least 18 years old, are of legal age to form a binding contract with The Ravens Wings Home Services in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; (b) you have the right, authority and capacity to enter into this Agreement; and (c) if you are using the Platform on behalf of a company, entity, or other organization, then you represent and warrant that you are an authorized representative of that entity with the authority to bind that entity to these Terms of Use, and agree to be bound by these Terms of Use on behalf of that entity. If you do not meet all of these requirements or agree to be bound by the terms and conditions of these Terms of Use you must not use or access the Platform or the Services.

MATERIAL TERMS AND NOTICES 

As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge the following: 

• The use of the Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
• You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;
• The Platform is provided “as is” without warranties of any kind, and The Ravens Wings Home Services liability to you is limited regarding the performance of Services; 
• The Ravens Wings Home Services provides Users the Client Guarantee (Section 4) to ensure your satisfaction with your Platform experience;
• We will resolve disputes arising under these Terms of Use through binding arbitration. By accepting this Agreement, as provided in greater detail in Section 20, you and The Ravens Wings Home Services are each waiving the right to a trial by jury or to participate in a class action;
• We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Platform for our business purposes, including to provide and improve customer service and the Platform, fraud prevention, and to identify violations of this Agreement; 

1.    Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Please check these Terms of Use periodically for changes. If a change to these Terms of Use materially modifies your rights or obligations, you will be required to accept the modified Terms of Use to continue to use the Platform. Material modifications are effective upon your acceptance of the modified Terms of Use. Immaterial modifications are effective upon publication. Disputes arising under the Terms of Use will be resolved in accordance with the version of the Terms of Use that was in effect at the time the dispute arose.

2.    Job Fees for Services and Additional Services; Excluded Services

a.         Job Fee.   Customers shall be charged pursuant to the rates quoted via Email, Call, Text, or other forms of communication at the current rate of sale (per hour or per job), plus needed materials, rentals, and any additional fees at the time the Service is scheduled. If applicable, the Job Fee shall include a variable fee for additional mileage traveled beyond a minimum set distance to complete delivery, courier, and moving-related Services. To determine such mileage fee, we use the Stride Tax application to calculate the distance between the Customer-provided addresses for pick-up and delivery En-Route. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service. As a Customer, you shall be responsible for all incurred Job Fees charged under your User account regardless of your awareness of such Job Fees or the amounts thereof. 

b.         Additional Services.  When all pre-scheduled Services are completed, the Users may agree to the performance of one or more additional Services (each, an "Additional Service" or “While You’re at It”) before a Provider departs the Customer's location. Users may only schedule and accept an Additional Service if (i) the performance and completion thereof does not conflict with a Provider's existing appointments; (ii) it is not an Excluded Service (as defined below); and (iii) does not violate these Terms of Use. The Job Fee for Additional Services shall be the rate agreed to by the Users as confirmed by both parties.  

c.         Excluded Services.  Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the Platform (collectively, the "Excluded Services"):

•   Services that are professional services, including, but not limited to, services performed by lawyers, actuaries, accountants, architects, engineers, health professionals, medical professionals, financial advisers, management consultants, or investment advisors;

•      Services related to childcare (e.g., babysitting), eldercare or lifeguarding services;

•      Services that are performed more than 10 feet above the ground;

•      Services that make the User unsafe or uncomfortable;

•      Services that involve the handling of weapons, explosives or hazardous materials;

•      Services that involve the transportation of and ridesharing among our Users in any type of motor vehicle, aircraft or water craft; or

•      Any Service that is illegal or criminal in nature in the state or locality in which it is posted or takes place.

3.    Payments

a.         Payment Processing Service.  The Ravens Wings Home Services only accepts CASH, MAJOR CREDIT OR DEBIT CARDS, RAVENS WINGS HOME SERVICES GIFT CERTIFICATES/CARDS, ZELLE. 

b.         Customer Payments.  As a Customer, we will charge your credit, debit or prepaid card or Charitable Voucher according to the amount of all Services and Additional Services, if any, you scheduled through the Platform, which amount will include: (i) the Job Fee applicable to the Services or Additional Services that were provided to you by your Provider; (ii) any out of pocket expenses that were published in connection with the Services (e.g. disposal fees); (iii) any out of pocket expenses for materials, if any, agreed to by and between you and your Provider through the Platform; (iv) any tip or gratuity you elect to give to your Provider; . You hereby authorize us to charge the payment method on file in your account for such amounts upon the earlier of your verification of the completion of the scheduled Services or as soon as immediately after a Service is completed, if there is no filed complaint with respect to such Service or if such complaint has been otherwise resolved as determined by The Ravens Wings Home Services in its sole discretion. We retain the right, in our sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that all fees related to your order will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

Except for the Client Guarantee, no refunds or credits will be provided once the Customer's selected payment method has been charged or Charitable Voucher has been used. While we will use commercially reasonable efforts to protect all payment method information and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. The Ravens Wings Home Services is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on The Ravens Wings Home Services income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on The RAvens Wings Home Services's income).

c.         Promotions. The Ravens Wings Home Services, at its sole discretion, may make available promotions with different features to any of our Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Us. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following: 

d.  Promo Codes.  . From time to time, We will distribute unique alphanumeric codes or preloaded credits (“Promo Codes”) that can be redeemed by Users for a set percentage or value off a Service (such percentage and value amount may be changed by The Ravens Wings Home Services without notice prior to redemption), but unless otherwise indicated, the Promo Code does not apply to platform fees, disposal fees, tips, materials,  or other fees and charges. Promo Codes are only redeemable for use by contacting Customer Service via Email or Phone to add it to your order Services and are non-transferable or redeemable for cash value. Promo Codes must be applied prior to the submission of a request for a Service and cannot be applied to previously completed Services. Only one Promo Code can be used per Service, and each unique Promo Code is limited to 1 per User, per household, per service address; and any balance remaining on the Promo Code will be forfeited, unless otherwise agreed to by The Ravens Wings Home Services in its sole discretion. Promo Codes and other discounts cannot be combined with any other offers or promotions and may be limited in quantity. Promo Codes are subject to expiration and must be used within the amount of time stated by The Ravens Wings Home Services at the time the Promo Code is provided to you, but in no event, later than thirty (30) days from the date thereof; provided, however, that The Ravens Wings Home Services reserves the right in its sole discretion to extend the validity of a Promo Code beyond the stated expiration date. The Ravens Wings Home Services further reserves the right to withhold payment or deduct credits or other features or benefits obtained using a Promo Code by a User if The Ravens Wings Home Services determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal or in violation of the applicable Promo Code terms or these Terms of Use. The Ravens Wings Home Services owns all rights in and to any Promo Codes whether provided to you or created by you, and you acknowledge and agree that The Ravens Wings Home Services may reclaim, deactivate, invalidate or terminate your Promo Code at any time at its discretion.  

Further, by using the Sharing Program, you agree to abide by all current material-connection disclosure laws issued by the Federal Trade Commission and/or other governing authority.

e.  Loyalty  Program.  The Ravens Wings Home Services may allow users to participate in the Loyalty Program through the Website and in person, which is designed to provide certain benefits to Users that schedule and successfully complete Services. Please speak with your provider for more information.   

THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR: (a) ANY INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR USED IN THE PROMOTION; (b) TECHNICAL FAILURES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN PHONE LINES OR NETWORK HARDWARE OR SOFTWARE; (c) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE PROMOTIONAL ACTIVITY; (d) TECHNICAL OR HUMAN ERROR THAT MAY OCCUR IN THE ADMINISTRATION OF THE PROMOTIONAL ACTIVITY OR THE PROCESSING OF ENTRIES; OR (e) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY THAT MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR (OR ANY OTHER ENTRANT'S) PARTICIPATION IN THE PROMOTIONAL ACTIVITY OR RECEIPT OR USE OR MISUSE OF ANY PRIZE.

4.    Client Guarantee

Our Client Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Client Guarantee you must report the issue within twenty-four (24) hours of the Service appointment to our Support Center at nate@ravenswingsservices.com and respond to all follow up questions requested of you from the Support Center, and you may be eligible for the Client Guarantee Remedies. The "Client  Guarantee Remedies" are as follows: if we determine that a Service does not meet the Client Guarantee we will, in our sole discretion, either refund the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the Client Guarantee, we will refund the payment actually made for such Service. The amount of the Client Guarantee is limited to any payment you made for the Service. The Client Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. THIS SECTION 4 STATES RAVENS WINGS HOME SERVICE'S SOLE AND EXCLUSIVE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.

THE RAVENS WINGS HOME SERVICES reserves the right in its sole discretion to eliminate the Client Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to The Ravens Wings Home Services, although The Ravens Wings Home Services will endeavor to post notification of any material changes.  

5.    Service Cancellation

Ravens Wings Home Services's cancellation policy for specific Services is as follows:

a.         Cancellation by Customer. As a Customer, you may cancel your scheduled Service appointments by contacting CUSTOMER SERVICE at any time, subject to the following:

ANY APPOINTMENT CANCELED OR RESCHEDULED WITH 72 OR MORE HOURS NOTICE NO FEE.

ANY APPOINTMENT CANCELED OR RESCHEDULED WITH 72-24 HOURS NOTICE $15.00 FEE PLUS TAX AND $10.00 INVOICING FEE (IF NO CARD ON FILE.) 

ANY APPOINTMENT CANCELED OR RESCHEDULED WITH LESS THAN 24 HOURS NOTICE, CLIENT NO SHOW, OR DENIED ENTRY FEE OF ENTIRE APPOINTMENT, PLUS  $15.00 FEE PLUS TAX AND $10.00 INVOICING FEE (IF NO CARD ON FILE.)  

6.    Communications

By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, and calls to the telephone number or email address you provided to us, as further described in our Privacy Policy. If you wish to opt out of promotional emails, text messages, or other communications, you may opt out by following the unsubscribe options provided to you in such promotional communications. You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive text messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. Standard telephone minute charges may apply. 

We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.  We may, without further notice or warning, and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Platform for our business purposes, including to provide and improve customer service and the Platform, fraud prevention, and to identify violations of this Agreement.

7.    Accessing the Platform and Account Security

We reserve the right to withdraw or amend the Platform, and any service we provide on the Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to Users for any reason or no reason.

You are responsible for:

•      Making all arrangements necessary for you to have access to the Platform.

•    Ensuring that all persons who access the Platform through your account are aware of this Agreement and comply with them.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to Customer Service with the Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform or portions of it using your user name, password or other security information, including Third Party Site Password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

8. Limited License; Intellectual Property Rights

The Platform is licensed, not sold, to you for use only under these Terms of Use. Subject to your complete and ongoing compliance with the terms and conditions of these Terms of Use, The Ravens Wings Home Services hereby grants you a personal, limited, revocable, non-transferable, non-exclusive, non-commercial, non-sublicensable license to: access and use the Website and Internet Services-in each case solely for your own use or for the entity on whose behalf you are authorized to act.

You may not modify, alter, reproduce, or distribute the Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Platform or any content available through the Platform.

The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by The Ravens Wings Home Services, its licensors or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You must not:

•       Modify copies of any materials from this site.

•     Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

•      Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Except as permitted herein, you must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you breach these license restrictions or otherwise exceed the scope of the licenses granted in these Terms of Use, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights, your right to use the Platform will cease immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any content on the Platform is transferred to you, and The Ravens Wings Home Services reserves all rights not expressly granted. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other laws.

9.   Prohibited Uses

You may use the Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Platform:

•     In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

•      For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.

•    To impersonate or attempt to impersonate The Ravens Wings Home Services, a Ravens Wings Home Services employee, another User or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

•      To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm The Ravens Wings Home Services or Users of the Platform or expose them to liability.

Additionally, you agree not to:

•      Use the Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.

•      Use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.

•      Use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.

•      Use any device, software or routine that interferes with the proper working of the Platform.

•      Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

•    Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.

•      Attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.

•      Otherwise attempt to interfere with the proper working of the Platform.

10.   Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at The Ravens Wings Home Services, LLC., Attn: Copyright Compliance Team, PO BOX 1660, Dania Beach, FL, 33004 Nate@ravenswingsservices.com.

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information:

•     an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

•   a description of the copyright-protected work or other intellectual property right that you claim has been infringed;

•      a description of the material that you claim is infringing and where it is located on the Platform;

•      your address, telephone number, and email address;

•      a statement by you that you have a good faith belief that the use of those materials on the Platform is not authorized by the copyright owner, its agent, or the law; and

•      a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Repeat Infringers. The Ravens Wings Home Services will promptly terminate without notice the accounts of Users that are determined by The Ravens Wings Home Services to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 17 below) removed from the Platform at least twice.