Last Updated 1/6/2020
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.
MATERIAL TERMS AND NOTICES
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.
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.
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:
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 email@example.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.)
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.
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
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.
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.
11. Monitoring and Enforcement
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
• Terminate or suspend your access to all or part of the Platform for any or no reason, including without limitation, any violation of this Agreement.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE RAVENS WINGS HOME SERVICES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12. User Disputes.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Provider or a Customer cannot be resolved independently, you hereby agree, at The Ravens Wings Home Services’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by The Ravens Wings Home Services Appointed neutral third-party mediator or arbitrator.
13. Terms and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account , or revoke your permission to access the Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or Ravens Wings Home Services terminate your participation or access to the Platform or Services.
14. Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.
15. Information About You and Your Visits to the Platform
16. Confidential Information
a. Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of The Ravens Wings Home Services and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify The Ravens Wings Home Services in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to The Ravens Wings Home Services upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of The Ravens Wings Home Services trade secrets, confidential and proprietary information and all other information and data of The Ravens Wings Home Services that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
17. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY PLATFORM LINKED TO IT.
YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NOR ANY PERSON ASSOCIATED WITH MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER NOR ANYONE ASSOCIATED WITH REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE RAVENS WINGS HOME SERVICES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
18. Limitation on Liability
IN NO EVENT WILL THE RAVENS WINGS HOME SERVICES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY PLATFORMS LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE AGGREGATE LIABILITY OF THE RAVENS WINGS HOME SERVICES , ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE PLATFORM OR OTHERWISE UNDER
You agree to defend, indemnify and hold harmless The Ravens Wings Home Service, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Platform, including, but not limited to, any use of the Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Platform.
20. Dispute Resolution; Arbitration of Claims
Generally, in the interest of resolving disputes between you and The Ravens Wings Home Services in the most expedient and cost effective manner, YOU AND THE RAVENS WINGS HOME SERVICES MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND THE RAVENS WINGS HOME SERVICES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
a. Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
b. Arbitrator. Any arbitration between you and The Ravens Wings Home Services will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting The Ravens Wings Home Services.
c. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). The Ravens Wings Home Services's address for Notice is: The Ravens Wings Home Service, LLC., PO BOX 1660, Dania Beach, FL, 33004, Attn: NATHANIEL GONZALEZ. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or The Ravens Wings Home Services may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or The Ravens Wings Home Services must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, The Ravens Wings Home Services will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by The Ravens Wings Home Services in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.
d. Fees. If you commence arbitration in accordance with this Agreement, The Ravens Wings Home Service will not reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Broward County, FL, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse The Ravens Wings Home Services for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.
e. No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND THE RAVENS WINGS HOME SERVICES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and The Ravens Wings Home Services agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
f. Modifications to this Arbitration Provision. If The Ravens Wings Home Services makes any future change to this arbitration provision, other than a change to The Ravens Wings Home Services's address for Notice, you may reject the change by sending us written notice within 30 days of the change to The Ravens Wings Home Services's address for Notice, in which case your account with The Ravens Wings Home Services will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
g. Enforceability. If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
21. Waiver and Severability
No waiver by The Ravens Wings Home Services of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of The Ravens Wings Home Services to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
22. Entire Agreement
This Agreement may not be assigned or transferred by you without The Ravens Wings Home Services's prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by The Ravens Wings Home Services, in our sole discretion, in accordance with the "Notice" section of this Agreement.
24. Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: firstname.lastname@example.org
Please note that the use of the Platform constitutes your acceptance of this Policy. If you do not agree with how we have determined to handle your information, please do not visit or use the Platform. The Platform is only intended for use in the United States and the personal information you provide us as a user will be stored in the United States.
1. Effective Date and Changes
This Policy applies to all information collected by or provided to us on or after the Effective Date. The Ravens Wings Home Services will periodically review and revise this Policy as The Ravens Wings Home Services modifies the Platform and will update the Effective Date above upon any such changes. We will treat your continued use of the Platform following such changes as your acceptance of them. We encourage you to periodically review this Policy.
If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than those policies in effect at the time we collected the information, we will make reasonable efforts to provide notice and to obtain consent to any such uses as may be required by law, but we will not be liable for any failure to do so.
2. Personal Information Collected on the Platform
Because we respect your rights to your own privacy, we are committed to our policies established for the collection and/or use of your “Personal Information,” which is hereby defined as “full name, username, postal address, phone number, email address, age, birth date, and any information that could be used to identify, contact, or locate you directly without using the Platform.”
By using the Platform, you are authorizing us to collect, parse, and retain data related to the provision of the Platform. However, we also provide Users with options and choices regarding how we use and disclose some or all of your Personal Information, as set forth specifically below, including how to access, correct, and/or remove it.
When you visit or use the Platform, we collect information about you in the following general categories.
3. Use of Information
We only use your Personal Information for Platform related purposes. (This includes the information collected by our third-party service providers, set forth herein; however, this does not include our use of photographs, which is governed separately).
Specifically, the purposes of our “use” include platform-analytics, marketing, advertising, and other purposes designed to help us efficiently operate and improve the Platform in the following manner:
4. Advertising and Advertising Opt-Out Provisions
We may use your Personal Information to provide advertising on/for the Platform. At The Ravens Wings Home Services , however, we do not rent, sell, or share your Personal Information with other parties or non affiliated companies for their direct marketing purposes FOR ANY REASON! .
We may also send you email and other messages with personalized offers and information about products and services, and we may use Personal Information to show you online advertising on the Platform, other websites, and other online services.
The Ravens Wings Home Services provides Users the opportunity to opt out of receiving email marketing communications from us and our partners and gives Users the option to remove their information from our database, to not receive future email marketing communications, or to no longer receive our service. If you receive an unsolicited marketing email from a Ravens Wings Home Services email address, please contact Nate@Ravenswingsservices.com.
We also use Twitter Ads products for purposes of conversion tracking and serving ads targeted to users’ interests. You can opt out of interest-based advertising on Twitter by adjusting your personalized ad settings for your Twitter account, or using the DAA’s opt out tool above. You can also learn more about Twitter Ads programs at: https://support.twitter.com/articles/20170405.
You may also be able to change your mobile device settings to opt out of personalized advertising through apps. For example, for iOS mobile devices, go to “Settings” from your device’s home screen; scroll down to “Privacy”; select “Advertising”; and turn on “Limit Ad Tracking.” Also, for location-based ads, you may go to “Settings” from your device’s home screen; select “Privacy”; select “Location Services”; select “System Services”; and de-select “Location-Based Apple Ads.” For Android mobile devices, go to “Google Settings” on your device; select “Ads”; and check the box labeled “Opt Out of Interest-Based Ads.”
Please note that when you opt out of personalized advertising, you may continue to see online advertising on the Platform and/or our ads on other Internet websites.
We may anonymize or aggregate data collected through the Platform and use it for any authorized purpose.
5. Use of Your Profile Pictures and Other Job-related Pictures
6. Disclosure of Information to Others
When you use the Platform, our third-party partners, such as ad networks and analytics providers, use tracking technologies to collect information about how the Platform is used and about the devices used to access the Platform. Our partners also may collect information about your online activities over time and on other websites or apps. When our third-party partners provide such features, they are governed by the privacy policies of their governing organizations. You may be able to change browser or app settings to block and delete these technologies when you access the Platform, but that might interfere with the Platform’s proper functioning.
To operate the Platform, including processing your transactions and supporting your activities on the Platform, we may share your Personal Information with vendors, agents, and third-party service providers in exchange for their support services like email origination, receipt/support services, and other user relationship management services.
As set forth herein, we do not rent, sell, or share Personal Information (as defined by California Civil Code § 1798.83) about you with other people or non affiliated companies for their direct marketing purposes FOR ANY REASON. We may allow access to other data collected by the Platform to enable the delivery of our online advertising on the Platform and on other websites and online services, or to send you information we think may be useful or relevant to you. The following are examples of how we share your information with third-party service providers.
7. Information Collected by Cookies and Other Technologies
Any third party with whom we are allowed to share your Personal Information is authorized to use your Personal Information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control. You agree that we are not responsible or liable for any of their actions or omissions. Those who contact you will need to be instructed directly by you regarding your preferences for the use of your Personal Information by them.
8. How to Edit Your Personal Information
The Ravens Wings Home Services provides you with the ability to access and edit your Personal Information: Sign into the booking site, access the Settings menu, and then view and update/correct your account information. So that we can protect the integrity of sensitive data, there are certain pieces of information, such as your age, that you cannot alter yourself. Please contact us at email@example.com to change information you cannot access through your account.
9. Information Retention
To preserve the integrity of our databases, standard procedure calls for us to retain information submitted by members for an indefinite length of time. You agree that we may store the information we collect for this indefinite length of time.
10. Children's Information
We do not knowingly collect information from children under 13, as the Platform is not directed at Users under 18. If you are a parent and believe that your child under the age of 13 has used the Platform and provided personal identifiable information to us through the Platform, please contact us at firstname.lastname@example.org or at our mailing address so we can delete that account and/or any Personal Information collected from them on the Platform.
11. Our Security Precautions
Your profile is password-protected so that only you and authorized employees have access to your account information. In order to maintain this protection, do not give your password to anyone. Ravens Wings Home Services staff will never proactively reach out to you and ask for any personal account information, including your password. If you share a computer or mobile device, in order to protect your information entered on public terminals from disclosure to third parties, you should sign out of your account and close the browser window before someone else logs on. The Ravens Wings Home Services has security measures in place intended to help protect against the loss, misuse, and alteration of the information under our control.
International. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, or other governmental jurisdiction in which you reside; and the privacy laws governing the country/jurisdiction of these computer networks may be less protective.
The Ravens Wings Home Services takes steps to ensure that your information is secure on its system. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, The Ravens Wings Home Services cannot guarantee the security of any information you transmit to us, and you do so at your own risk. The Ravens Wings Home Services EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING, OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION OR USAGE INFORMATION AND FURTHER DISCLAIMS ANY LIABILITY THAT MAY ARISE SHOULD ANY OTHER INDIVIDUALS OBTAIN THE INFORMATION YOU SUBMIT TO THE PLATFORM.
12. Links to Third-Party Websites and Online Services
This Policy applies solely to information collected by the Platform. The Platform may contain links to other websites, charitable organizations, or online services; and we of course are not responsible for other websites’ privacy practices. We advise Users upon leaving the Platform to carefully review the privacy statements of any website that collects personally identifiable information.
Note that, as set forth herein, we do not provide your Personal Information to third parties for their own marketing purposes FOR ANY REASON.
13. Contacting THE RAVENS WINGS HOME SERVICES
If you have any questions about this Policy, the practices of The RAvens Wings Home Services, or your dealings with The Ravens Wings Home Services, you may contact us by email at Nate@ravenswingsservices.com or by mail at Ravens Wings Home Services LLC PO BOX 1660, Dania Beach, FL, 33004
Except as explicitly stated otherwise, any notice to The Ravens Wings Home Services shall be given by certified mail, postage prepaid and return receipt requested to:
The Ravens Wings Home Services LLC.
PO BOX 1660
Dania Beach, FL, 33004
Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the Platform or given to you via the email address you provided to us during the registration process or as otherwise listed in your User, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given three days after the date of mailing.