Terms of Use
Last updated June 18, 2021


These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity(“You” or “User”) and ‘Chore Care’ by ‘JY Partners LLC’(“Chore Care”, “We”, “Us”, or “Our”), concerning your access to and use of the http://www.Chore Care.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).

PLEASE REVIEW THIS AGREEMENT CAREFULLY. By accessing, using, or registering with the Site, you hereby expressly acknowledge that you have read, understood, and agree to be bound by all these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. We may, in our sole discretion, suspend, discontinue, or change your account or any aspect of your access to or use the Services.


Supplemental terms and conditions or documents that may from time to time be posted on the site are incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will notify you of any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically evaluate the content of these Terms of Use to stay informed of updates. Your continued use of the Site following any revision to these terms constitutes your complete and irrevocable acceptance of any and all such changes. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject use to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to and use of the Site is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. By accessing or using the Site, you represent and warrant that you are eligible. If you are a minor (generally under the age of 18) you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site. Where you enter into this Agreement 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.

1. Chore Care, Technology Platform

The Chore Care Platform. The Chore Care Platform is a technology platform that connects Home Service Provider(“Pro”). with Home Service user(“user”). We do not provide any Home services and make no representations or warranties about the quality of Home services provided by Pro, or about your interactions and dealings with Pros or other users. Not limited to a warrany of services, or compliance with any law, regulation, or code. Chore Care does not employ, recommend, or endorse or Pros, and we are not responsible or liable for the performance or conduct of users or Pros whether online or offline. Chore Care does not procure insurance for users or Pros, nor is Chore Care responsible for the property of users or Pros, and will not be liable any claim, injury or damage arising in connection with any professionals services.

Chore Care provides Pros with access to third-party vendors that perform background checks and verifications. Chore Care itself does not conduct background checks and does not independently verify information in the background checks. Chore Care is not responsible or liable in any manner for the background checks. Chore Care performs background checks at the time the Pros applies to register on the Chore Care platform. Chore Care is under no obligation to update Pros’s background check. Chore Care does not warrant or represent that a Pros’s background check information is up to date.

2. Personal Information

Some of the materials available on the Chore Care Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion, suspend or terminate your right to access any material for which registration is required.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Chore Care Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Chore Care may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment.

3. Text Messages, Emails, Phone Calls, and Other Communications

You expressly consent to receive and accept communications from us, including via e-mail, telephone calls, text messages(SMS)(including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to us, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Chore Care Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. You are responsible for failing to check our messages in time for reasons such as turning off push notifications, not checking emails or not answering calls.

you agree that you may receive communications, including marketing communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes. You may opt-out of receiving promotional or marketing texts or calls from Chore Care at any time. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, Chore Care MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, Chore Care, AND/OR OTHER USERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR RECEIVE FROM OTHER USERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.

Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges.

4. Payment Terms for Users

As a User, you understand that use of the Services may result in you owing fees to the Pro for the Home services you receive from such Pro. Chore Care will facilitate your payment of the applicable charges on behalf of the Pro through third-party payment processors, with whom you will be required to establish an account to access the Services. Payment of such charges in such manner shall be considered the same as payment made directly by you to the Pro. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable regardless of your decision to terminate usage of the Services, Chore Care’s decision to terminate your usage, any disruption of the Services, or any other reason whatsoever, unless otherwise determined by Chore Care. All charges are due immediately and Chore Care, or a third-party payment processor, will process your payment on the Pro’s behalf using the primary payment method designated by you in your Chore Care account. If your primary payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Chore Care may, as the Pro’s limited payment collection agent, use a secondary payment method in your account, if available. Users and Pros transact with each other on the Chore Care marketplace technology platform when they both agree to a “booking” that specifies the fees, time period, cancellation policy, and other terms for provision of home services via the booking mechanism provided on the Chore Care marketplace technology platform. You may choose to transact with certain Pros from time to time based on a variety of factors in your discretion, such as your desired price range, a Pro’s home service price rate, a Pro’s profile, and a Pro’s star ratings and reviews. Once you request a home service, you agree to pay the Pro the agreed-to price and honor the other terms of such booking. You may elect to cancel your request for services from a Pro at any time prior to such Pro’s departure, in which case you may be subject to a cancellation fee. The fees owed to Pros are not inclusive of tip or gratuity for the Pro. While you are free to provide gratuity to any Pro who provides you with services obtained through the Services, you are under no obligation to do so. After you have received services or goods obtained through the Services, you will have the opportunity to rate your experience and leave additional feedback about your Pro. In addition to the above fees, you understand and acknowledge that you may incur ancillary charges in connection with your receipt of home services from Pros (“Charges”). Such Charges may include some combination of the following: (1) cancellation fee, (2) service, booking, or platform usage fee, (3) trust and safety fee, (4) surcharges, (5) convenience fee, and (6) other fees. A description of any Charges will be available on the Services. You have absolute discretion to request or not request services from a Pro if the total applicable fee or charge is not acceptable to you.From time to time, Chore Care may, in its sole discretion, make available certain promotions, offers, credits, rewards, subscriptions, or referrals links or codes to Users (the “Promotions”). Such Promotions will be provided to Users via the Services, by email, or otherwise made available electronically by Chore Care. Such Promotions are only valid for redemption through the Services and are not transferable or redeemable for cash except as required by law. Each Promotion is a limited time offer and is valid only for the time and purpose and under the terms and conditions specified therein, which may include eligibility, time, and location requirements. Chore Care, at its sole discretion, reserves the right to issue Promotions with different features, discounts, offers, or deals to any users or groups of users determined solely by Chore Care. These Promotions, unless made to you, shall have no bearing whatsoever on your use of the Services or any Promotions offered to you. Chore Care reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promotions that were made in error or obtained through fraud or suspected illegal behavior, or where the User was found to be in violation of the terms of such Promotion, these Terms, or the Additional Terms. Promotions may be modified, disabled, or withdrawn by Chore Care at any time for any reason or no reason without liability to Chore Care. You acknowledge and agree that Chore Care may limit or temporarily or permanently suspend your use of or access to the Services if: (1) you have provided inaccurate, fraudulent, outdated, or incomplete information regarding a payment method, (2) any amounts you owe for home services are overdue or in default, or (3) Chore Care believes in good faith that such action is reasonably necessary to protect the personal safety or property of Chore Care, our users, any third-party payment processor or third parties, or to prevent fraud or other illegal activity. Upon addition of a new payment method or each home service request, Chore Care may seek authorization of your selected payment method to verify the payment method, ensure the home service charges 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 the authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your credit, debit, or prepaid card. Chore Care cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
Chore Care reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.

5. Licenses

Chore Care may, from time to time, provide written or graphical content in various forms (“Chore Care Content”). Chore Care grants User a revocable, non-exclusive, non-sublicensable license to use the Chore Care Content solely for use of the Chore Care Software and, where applicable, subject to the terms of this agreement. User may not resell or distribute any Chore Care Content. Chore Care will continue to retain sole and exclusive ownership Chore Care Content. You expressly agree that Chore Care Content shall not be incorporated into a trademark or service mark.

"Chore Care Technology" means Chore Care's proprietary technology, including, without limitation, Chore Care services, hardware designs, software (in source code and object code forms), user interface designs, architecture, documentation, know-how, trade secrets, any related intellectual property rights throughout the world (owned by Chore Care or licensed to Chore Care from a third party), and any derivatives, modifications or extensions of Chore Care Technology conceived of during the term of this Agreement by either party. In consideration for the fees paid by you hereunder (or during the free trial), Chore Care hereby grants you (i) a limited revocable, non-exclusive, non-sublicensable, non-non-transferable, license to use the "Chore Care Technology" solely for your business use. The Chore Care Technology license shall immediately and automatically terminate upon termination or expiration of this Agreement, or your breach of the terms of this Agreement. User may not resell or distribute any of the Chore Care Technology. All right, title and interest in and to the Chore Care Technology shall remain solely with Chore Care. You shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Chore Care Technology. You hereby grant to Chore Care a non-exclusive, royalty-free, worldwide right and license during the Term to use any and all of the text, images, content, and other data which you add, upload, or provide ("User Content") in order for Chore Care to provide its software and services. Except for the rights expressly granted above, Chore Care is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with User. Any derivative works of Chore Care Content created by User or User’s pros or affiliates, shall not be considered "User Content", but shall be deemed to be Chore Care Content. User gives Chore Care permission to use any and all of User's voice, image, likeness, and any ratings and reviews, with or without using User's name, in connection with the products and/or services available through the Chore Care Software, for any purpose deemed appropriate by the Chore Care in its reasonable discretion, except to the extent expressly prohibited by law. User represents and warrants they have all legal rights to use any User Content.

6. User Content

The Services allow you to upload, submit, store, send, or receive data, information, and contents (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. When you upload, submit, store, send, or receive User Content to or through the Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (including, but not limited to, translations, adaptations, or other changes we make so that User Content works better with the Services), publicly perform, publicly display, and distribute your User Content in order to operate, promote, market, and improve our Services. You may use the User Content for your own purposes or let others use your User Content for their purposes. This license is irrevocable, sublicensable, fully-paid, and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Services. You promise that: • you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above (including having the necessary consents and releases from any individuals who appear in your User Content); and • your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. We may refuse to accept or transmit User Content for any reason. We reserve the right to use, share, and display your User Content Pros’ reviews of Users in any manner in connection with our business without attribution to you or your approval. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of your User Content or Pros’ reviews, and we reserve the right to monitor, screen, edit, or remove your User Content or Pros’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies. Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance. We are not obligated to provide you with copies of your User Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to your User Content. If you include your name, image, likeness or voice in any of your User Content, you grant us permission to use your name, image, voice, and likeness, and hereby release us from any liability arising from such use, including, without limitation, claims for invasion of privacy, infringement of your right of publicity, and defamation (including libel and slander). Chore Care offers an in-app chat feature to better connect User with Pros. Data, information, and content sent through the chat feature is User Content that is subject to these Terms. We are able to access this User Content and reserve the right (but have no obligation) to monitor, screen, edit, or remove your User Content. Users should be mindful when communicating information to third parties, and we recommend that you refrain from disclosing or sending sensitive information through the chat feature, such as personal financial information, log-in account information, passwords, and/or personal contact information (including phone numbers). The Services may provide the ability to leave public and/or private reviews of users. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that Chore Care has no obligation to preserve or indefinitely store any reviews. If you are a Pro, we have no obligation to provide you with the content of any reviews about you submitted by other users of the Services, whether before or after termination of your account for the Services. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the Services at any time.

7. Consent to Pros Photo and Video Activities

You understand and agree that Pros may take pictures or videos or otherwise create recorded media of your house during the course of providing services to you. You also understand and agree that during the course of a service you may participate in recorded media. You further understand and agree that Pros may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media Chore Care through the Services. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist Chore Care in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within Chore Care’s and Pros’ sole discretion.

8. Acceptable Use of the Services

You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the Services, you may not: • violate any law or regulation or use the Services for any unintended or illegal purposes; • violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights; • provide false information in your profile on, or registration for, the Services; • post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; • send unsolicited or unauthorized advertising or commercial communications, such as spam; • engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Services; • transmit any viruses, malicious codes, or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems; • stalk, harass, or harm another individual; • impersonate any person or entity, maintain more than one account (or, if Chore Care suspends or terminates your account, create further accounts), or perform any other fraudulent activity, such as phishing, marketplace collusion, promotional abuse, and payment fraud; • use any means to scrape or crawl any Web pages contained in the Services; • use the Services to identify Pros to complete off-line transactions that circumvent your payment obligations for the Services; • use the Services for purposes of competing with Chore Care • authorize other users to use your user status or transfer your account to any other person or entity; • attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect the Services; • interfere with Chore Care’s provision of, or any other user’s use of, the Services; • attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Services; • solicit another user’s username and password for the Services; • post reviews about Pros that are not based on your personal experience, that are intentionally inaccurate, or that violate these Terms or Additional Terms; • use the Services to arrange for the care of exotic, non-domesticated, or inherently dangerous pets, pets with a history of attacks on animals or people, or any other pets not specifically contemplated by the Services; or • advocate, encourage, or assist any third party in doing any of the foregoing.

9. Copyright and Intellectual Property Policy

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: • Your address, telephone number, and email address. • A description of the copyrighted work that you claim has been infringed. • A description of where the alleged infringing material is located. • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law. • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. • A statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner. Copyright Agent: For clarity, only copyright infringement notices should be sent to our Copyright Agent at legal@Chore Care.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information: • Your physical or electronic signature; • Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; • A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content; and • Your name, physical address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Santa Clara County, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.

10. Call Recording and Monitoring

You agree that all telephone conversations between you and Chore Care (or our Affiliates and representatives), or other platform users when made via the platform, may be monitored and recorded for quality assurance and training purposes.

11. Privacy

Your privacy is very important to us. Our Privacy Policy explains how we collect, use, protect, and when we share personal information and other data with others. You are responsible for maintaining the confidentiality of your account information, including your username and password. You are responsible for all activities that occur under your account and you agree to notify us immediately of any unauthorized access or use of your account. We are not responsible or liable for any damage or loss related to any unauthorized access or use of your account, including without limitation, as a result of phishing or other similar attacks. Chore Care may use third-party web analytics services on the Services, such as Google Analytics. This technology analyzes how the Services are used by visitors and may also provide the third-party website from which a user arrives. The information collected by the technology will be disclosed to or collected directly by these third-party service providers, who use the information to evaluate your use of the Services. Chore Care also uses Google Analytics for certain purposes related to advertising. For more information on this please see the Chore Care Privacy Policy. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-Out Browser Add-on.

12. Modifications to the Chore Care Platform

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Chore Care Platform or any content or information on the Chore Care Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Chore Care Platform.

13. Suspension and Termination

We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, with respect to Users, below average ratings or reviews of you by Pros. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms or the Additional Terms, your permission to use the Services automatically terminates. When terminating your account, We may delete the account and all the information in it. You have no ownership rights to your account. You may terminate this Agreement by completely and permanently ceasing to use the Services and by closing any account you have opened on the Chore Care Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by us.

14. Third-Party Content The Services may contain links to other websites and online resources, and the Services may be made available or accessed in connection with third-party services and content (including advertising) that Chore Care does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content. Chore Care does not endorse such third-party websites, services, and content and in no event shall Chore Care be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers. Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by Chore Care, are those of their respective authors, who are solely responsible for such content.


15. Third-Party Applications

These Terms apply to your use of the Services, including the Chore Care applications (each an “Application”) made available by third-party providers such as Apple, Inc. and Google, Inc. (each a “Provider”) through their respective online stores, but the following additional terms also apply to each Application: • Both you and Chore Care acknowledge that the Terms are concluded between you and Chore Care only, and not with any Provider, and that a Provider is not responsible for the Services; • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use (unless otherwise agreed by Chore Care in a separate agreement with you), subject to all the terms and conditions of these Terms as they are applicable to the Services; • You will only use the Application in connection with a Provider-branded device that you own or control and as permitted by the Provider’s usage rules set forth in its terms of service, except that such Application may be accessed and used by other accounts associated with the purchaser via family sharing or volume purchasing (if applicable); • You acknowledge and agree that a Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify the Provider of such failure; upon notification, the Provider’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; • You acknowledge and agree that Chore Care, and not the Provider, is responsible for addressing any claims you or any third party may have in relation to the Application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Chore Care’s and not the Provider’s responsibility; • You acknowledge and agree that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Chore Care, and not the Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim; • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; • Both you and Chore Care acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement which may affect or be affected by such use; • Both you and Chore Care acknowledge and agree that the Provider and its subsidiaries are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, the Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof; and • In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

16. Third-Party Beneficiaries

Pros (when the Terms are agreed to between Chore Care and a Pet Owner) and Users (when the Terms are agreed to between Chore Care and Pros) are each a third-party beneficiary of these Terms, and that upon acceptance of these Terms, the Pros or Users (respectively) will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.Service Providers’ sole discretion.

17. Disclaimer and Limitations on Our Liability

a. General Disclaimer and Limitations
Except as specifically provided in this agreement, use of the service is entirely at your own risk. The service is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement.

Without limiting the foregoing, neither Chore Care nor its affiliates or licensor warrant that access to the service will be uninterrupted or that the service will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the service, or as to the timeliness, accuracy, reliability, completeness or content of any or service, information or materials provided through or in connection with the use of the service. WITHOUT LIMITING THE FOREGOING, NEITHER Chore Care NOR ITS AFFILIATES OR LICENSOR WARRANT THAT ANY SERVICE WILL OCCUR WHATSOEVER. Chore Care IS SOLELY A SOFTWARE MANAGEMENT TOOL. NEITHER Chore Care NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE, INJURY, OR THEFT TO YOU OR YOUR PROPERTY AS A RESULT OF ACTIONS BY YOU OR Chore Care SERVICE PROVIDERS. YOU ARE RESPONSIBLE FOR PHYSICALLY SECURING ALL VALUABLE ITEMS.

Neither Chore Care nor its affiliates or licensor warrant that the service is free from viruses, worms, trojan horses, or other harmful components. Chore Care and its affiliates and licensor cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.

b. No liability.


If, notwithstanding the foregoing exclusions, it is determined that Chore Care or its affiliates, its licensor, or any of such parties' agents, employees, officers, directors, corporate partners, or participants is liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Chore Care during the six (6) months prior to the time such claim arose. 18. Indemnification; assignment

Users shall defend, indemnify and hold harmless Chore Care and its affiliates, parents, subsidiaries, and partners and their respective officers, directors, employees, agents, successors, and assigns from and against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, penalties, fines, costs, or expenses of whatever kind (including reasonable legal fees) arising out of or resulting from: (a) bodily injury, death of any person, theft or damage to real or tangible, personal property resulting from User’s acts or omissions; and (b) User’s breach of any representation, warranty, or obligation under this Agreement. (c) User’s violation of any applicable law or regulation; (d) User’s violation of the rights of another (including but not limited to Professionals), and (e) User’s Information and content that you submit or transmit through the Chore Care Platform. Chore Care reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Chore Care.

The Services booked by the User pursuant to this Agreement are fully and entirely User's responsibility. Chore Care is not responsible or liable for the actions or inactions of a Service Provider or other third party in relation to the Services booked by User using Chore Care Software. User understands, therefore, that by using the Chore Care Software, User may be introduced to third parties in relation to whom Chore Care has not conducted any background or reference checking, that may be potentially dangerous, and that User uses the Chore Care Software at his/her own risk.

User may not assign this Agreement, absent written authorization by Chore Care. Chore Care may freely assign its rights and obligations under this Agreement at any time. This Agreement will inure to the benefit of, be binding on, and be enforceable against, each of the parties hereto and their respective successors and assigns.

19. Arbitration Agreement & Waiver of Certain Rights

a. Informal negotiations
To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement or otherwise arising from the relationship between User and Chore Care, User and Chore Careagree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice of the dispute, controversy, or claim. User's address for such notices is the address provided by the User to Chore Care. Chore Care's address for such notices is electronic at legal@Chore Care.com.

b. Mutual arbitration provision and class action waiver
1) Chore Care AND USER MUTUALLY AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO THE RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE IN ARBITRATION, as set forth below. This Mutual Arbitration Provision is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) and shall survive the termination of this Agreement.

2) Except as expressly provided below, this Mutual Arbitration Provision shall apply to any and all Claims (as defined below) between you and Chore Care, including, but not limited to, any Chore Care’s affiliates, subsidiaries, parents, successors and assigns and each of Chore Care’s respective officers, directors, investors, insurers, employees, agents, or shareholders. This Mutual Arbitration Provision shall also apply to any and all disputes and/or claims between you and any Client, and/or any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services. The parties agree that Clients and the other third-parties referenced in this paragraph are intended third-party beneficiaries of this Mutual Arbitration Provision.


4) Disputes and claims covered by this Mutual Arbitration Provision include, but are not limited to, any dispute, claim or controversy, whether based on past, present or future events, arising out of or relating to: this Agreement and any and all prior versions thereof (including the formation, breach, termination, enforcement, interpretation or validity thereof), a Service Provider's classification as an independent contractor, a Service Provider’s provision of Services, the payments received by a Service Provider for providing Services, a User’s registration to use the Chore Care Software, disputes with any entity or individual arising out of or related to the use of the Chore Care Software, background checks, privacy, trade secrets, unfair competition, compensation, classification, minimum wage, seating, expense reimbursement, overtime, breaks and rest periods, retaliation, discrimination or harassment and claims arising under the Fair Credit Reporting Act, the Uniform Trade Secrets Act, the Defend Trade Secrets Act, Title VII of the Civil Rights Act of 1964, 42 U.S.C. §1981, Rehabilitation Act, Civil Rights Acts of 1866 and 1871, the Civil Rights Act of 1991, the Pregnancy Discrimination Act, Equal Pay Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for claims for employee benefits under any benefit plan sponsored by the Company and (a) covered by the Employee Retirement Income Security Act of 1974 or (b) funded by insurance), Affordable Care Act, Genetic Information Non-Discrimination Act, Uniformed Services Employment and Reemployment Rights Act, Worker Adjustment and Retraining Notification Act, Older Workers Benefits Protection Act of 1990, Occupational Safety and Health Act, Consolidated Omnibus Budget Reconciliation Act of 1985, state or local statutes or regulations addressing the same or similar subject matters, and all other aspects of the User's relationship with Chore Care whether arising under federal, state or local statutory and/or common law. The parties further agree that this Mutual Arbitration Provision covers all claims or disputes between you and a third-party concerning the provision of any background check of you by a consumer reporting agency and claims or disputes between you and any other third-party entity involved in requesting or in any way involved in making available, arranging and/or facilitating the Services.

5) Except as stated in Section 19.2 9), only an arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, validity, enforceability, conscionability, and/or formation of this Mutual Arbitration Provision.

6) If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested and email, or hand delivery within the applicable statute of limitations period and email. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and (3) a description of the remedy sought. Any demand for arbitration by User must be delivered to the address of Chore Care Services, Inc.


8) REPRESENTATIVE ACTION WAIVER-PLEASE READ. You and Chore Care mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a representative action, and an arbitrator shall not have any authority to arbitrate a representative action ("Representative Action Waiver").

9) Notwithstanding any other clause contained in this Agreement, this Mutual Arbitration Provision, or the AAA Rules, as defined below, any claim that all or part of the Class Action Waiver and/or Representative Action Waiver is unenforceable, invalid, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. As stated above, all other disputes regarding interpretation, applicability, enforceability, or formation of this Mutual Arbitration Provision shall be determined exclusively by an arbitrator.

10) You agree and acknowledge that entering into this Mutual Arbitration Provision does not change Service Provider's status as an independent contractor in fact and in law, that Service Provider is not an employee of Chore Care and that any disputes in this regard shall be subject to final and binding arbitration as provided in this Mutual Arbitration Provision.

11) Where the relief sought is $50,000 or less, the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $50,001 or more, the arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.

12) If the Parties are unable to resolve the claims in Informal Negotiation after 30 days, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the FairClaims website or the AAA’s site. (The AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Chore Careshall not be disclosed to the arbitrator.

13) Any Fair Claims arbitration hearing shall be held via written submission, or where requested, video conference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. Either Party may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on the Parties subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or Chore Care may attend by telephone.

14) The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Chore Care user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

15) The Parties agree that all communications and evidence related to the dispute will remain confidential, and neither party shall take any action that will harm the reputation of any of the other, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the Parties or entities.

16) The Arbitrator may issue orders (including subpoenas to third parties) allowing the parties to conduct discovery sufficient to allow each party to prepare that party's claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes;

17) Except as provided in the Class Action Waiver and Representative Action Waiver, the Arbitrator may award all remedies to which a party is entitled under applicable law and which would otherwise be available in a court of law, but shall not be empowered to award any remedies that would not have been available in a court of law for the claims presented in arbitration. The Arbitrator shall apply the state or federal substantive law, or both, as is applicable;

18) The Arbitrator may hear motions to dismiss and/or motions for summary judgment and will apply the standards of the Federal Rules of Civil Procedure governing such motions;

19) You or Chore Care may apply to a court of competent jurisdiction for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided may be rendered ineffectual.

20) If the arbitrator issues you an award that is greater than the value of Chore Care’s last written settlement offer made after you participated in good faith in the Informal Negotiation process, then Chore Care will pay you the amount of the award or U.S. $5,000, whichever is greater.

21) If either party initiates an action in violation of this mutual arbitration provision, and a court or arbitrator determines that such an action is barred by this agreement, then the party who initiated the violating action shall be liable to pay the other party’s costs (including attorney fees) to remedy that violating action, unless such damages are prohibited by law.

22) The Arbitrator's fees shall be apportioned in accordance with applicable law as determined by the Arbitrator;

23) Unless applicable law requires otherwise, and notwithstanding anything to the contrary in the applicable AAA rules or fee schedule(s), Chore Care and you shall equally share filing fees and other similar and usual administrative costs, as are common to both court and administrative proceedings;

24) Regardless of any other terms of this Agreement or Mutual Arbitration Provision, nothing prevents You from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities and Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, and nothing in this Agreement or Mutual Arbitration Provision prevents the investigation by a government agency of any report, claim or charge otherwise covered by this arbitration provision. This Mutual Arbitration Provision also does not prevent federal administrative agencies from adjudicating claims and awarding remedies based on the claims addressed in this Section, even if the claims would otherwise be covered by this Mutual Arbitration Provision. Nothing in this Mutual Arbitration Provision prevents or excuses a party from satisfying any required conditions precedent and/or exhausting required administrative remedies under applicable law before bringing a claim in arbitration. Chore Care will not retaliate against You for filing a claim with an administrative agency or for exercising rights (individually or in concert with others) under Section 7 of the National Labor Relations Act.

25) The AAA Rules may be found at www.adr.org or by searching for AAA Consumer Arbitration Rules or by calling the AAA at 1-800-778-7879.

26) User’s Right to Opt Out of Arbitration. Arbitration is not a mandatory condition of your contractual relationship with Chore Care, and therefore you may submit a statement notifying Chore Care that you wish to opt out and not be subject to this Mutual Arbitration Provision. In order to opt out, you must notify Chore Care of Service Provider’s intention to opt out by submitting to Chore Care at Chore Care Services, Inc., a signed and dated written notice stating that You are opting out of this Mutual Arbitration Provision. This written notice must be sent with a delivery receipt to ensure its arrival. You also may opt out by sending an email to legal@Chore Care.com stating your intention to opt out. In order to be effective, your opt out notice must be provided within 30 days of the date this Agreement is electronically signed by you ("Effective Date"). If you opt out as provided in this paragraph, you will not be subject to any adverse action from ‘A ’as a consequence of that decision and he/she may pursue available legal remedies without regard to this Mutual Arbitration Provision. If you do not opt out within 30 days of the Effective Date of this Agreement, you and Chore Care shall be deemed to have mutually and voluntarily agreed to this Mutual Arbitration Provision.

27) You acknowledge and agree that if Chore Care modifies any provision of this Agreement other than any term of this Section, you will not have a renewed opportunity to opt out of arbitration.

28) If, however, Chore Care modifies this Mutual Arbitration Provision after the date you first agreed to this Agreement (or any subsequent changes to the Agreement), you may reject any such change to the Mutual Arbitration Provision by providing Chore Care written notice of such rejection within 30 days of the date below. This written notice must be provided either (a) by Chore Care Services, Inc. or (b) by email from the email address associated with your account to legal@Chore Care.com. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to the Mutual Arbitration Provision. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and Chore Care in accordance with the provisions of this Mutual Arbitration Provision as of the date you first agreed to this Agreement (or any subsequent changes to the Agreement).

29) You have the right to consult with private counsel of your choice for independent legal advice with respect to any aspect of this Agreement or Mutual Arbitration Provision, or any claim that may be subject to this Mutual Arbitration Provision.

30) In the event any portion of this Mutual Arbitration Provision is deemed unenforceable, the remainder of this Mutual Arbitration Provision will be enforceable. In any case in which (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that all or part of the Class Action Waiver and/or Representative Action Waiver is invalid or unenforceable, the class, collective, or representative general action to that extent must be litigated in a civil court of competent jurisdiction, but the portion of the Class Action Waiver and Representative Action Waiver that is valid and enforceable shall be enforced in arbitration. To the extent that there are any claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the Class Action Waiver and/or Representative Action Waiver is unenforceable, the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.

c. Governing law
Except for the Mutual Arbitration Provision set forth in Section 19, which is governed by the Federal Arbitration Act, and except as may be prohibited by the law, this Agreement shall be governed and interpreted pursuant to the laws of the state of the property you are managing in the system, notwithstanding any principles of conflicts of law.

20. Other Provisions

You hereby expressly acknowledge and agree that, by using or receiving access to use the Chore Care Software, You and Chore Care are bound by the then-current version of this Agreement, including any supplements to this Agreement or documents incorporated herein, including the Schedules below, except as expressly stated in Section 19 with respect to Your right to opt-out of the arbitration. You shall be bound by modifications to this Agreement only upon your electronically signing any modifications or supplements. Under no circumstances will Chore Care be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control. YOU AND Chore Care HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, THE ADDITIONAL TERMS, YOUR RELATIONSHIP WITH Chore Care, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH Chore Care. If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future. We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of Chore Care and any purported assignment in violation of this provision shall be null and void. User acknowledges that he/she has read and understands this Agreement and also acknowledges that he/she had a reasonable and adequate opportunity to seek and receive independent legal advice, at the User's own expense, prior to signing this Agreement. BY SIGNING UP AND/OR LOGGING IN, YOU AGREE TO THIS AGREEMENT. YOU HEREBY AGREE TO THIS AGREEMENT AND AGREE TO ACT IN ACCORDANCE WITH THE TERMS SET FORTH HEREIN. You understand that your electronic signature is as legally binding as a handwritten signature.