TERMS OF SERVICE

‍Pristine Finish Clean LLC, which owns this website, (“Company”, “We”, “Us”, or “Our”) operates this website (the “Site”) and may operate other websites, mobile or desktop applications, and/or additional services for Your information and personal use. The terms and conditions set forth in these Terms of Service, together with Our Privacy Policy constitute a binding legal agreement (the “Agreement”) made between Pristine Finish Clean LLC and You (“You”, “Your”, or the “Client”), and by using or receiving anything supplied to you by the Company (together with the website located at https://pristinefinishclean.com/ collectively, the "Service"), You hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as published from time to time at Terms of Service or through the Service.

The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Site. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute Your consent to such changes. If You require any more information or have any questions about Our Terms and Conditions, please feel free to contact Us by email at [email protected].

By using the Service, You expressly represent and warrant that You are legally entitled to enter this Agreement. If You reside in a jurisdiction which restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, You must abide by such age limits and You must not use
the Service. Without limiting the foregoing, the Service is not available to children (persons under the age of 18) or others who are not capable of entering into binding contracts. By using the Service, You represent and warrant that You are at least 18 years old and otherwise capable of entering into binding contracts. By using the Service, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service is for Your sole, personal use. When using the Service You agree to comply with all applicable laws from the country, state and city in which You are present while using the Service.

You may only access the Service using authorized means. It is Your responsibility to check to ensure You download the correct software for Your device.

This Site is located in the United States (“U.S.”) and is designed to comply with the laws, rules and regulations of the U.S.; and only intended for access and use by U.S. residents.

Restrictions on Site/Service Access and Use:

By using the Site or Service, You agree that:

-You will only use the Service or Site for lawful purposes; You will not use the Service for sending or storing any unlawful material or for fraudulent purposes.

-You will not use the Service or Site to cause nuisance, annoyance or inconvenience.

-You will not impair the proper operation of the Site or Our network.

-You will not try to harm the Service or Site in any way whatsoever.

-You will not copy, or distribute the Site or other content without written permission from the Company.

-You will only use the Site and Service for Your own use and will not resell it to a third party.

-You will keep secure and confidential Your account password or any identification provided to You which allows access to the Service.

-You will provide Us with whatever proof of identity the Company may reasonably request.

-You will only use an access point or data account which You are authorized to use.

-When requesting cleaning services by SMS, You opt-in to receive text messages from the Company, and acknowledge that standard messaging charges from Your mobile network service provider may apply, and You represent and warrant that the number provided is Your own cell phone number.

THE COMPANY DOES NOT PROVIDE CLEANING SERVICES, AND THE COMPANY IS NOT A CLEANING SERVICE PROVIDER. IT IS UP TO THE THIRD-PARTY SERVICE PROVIDER (“Service Provider”) TO OFFER CLEANING SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE SITE OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD-PARTY CLEANING SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE CLEANING SERVICES OR ACT IN ANY WAY AS A CLEANING SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY
CLEANING SERVICES PROVIDED TO YOU BY ANY SUCH THIRD-PARTIES.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST THE COMPANY ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Payment Terms: Payment is due at the time service is scheduled. You may provide Company with a valid credit card to keep on file for billing, which will be charged after the appointment is completed. You are responsible for and agree to pay Company for the full cost of Your requested services. The referral fee charged by Company for its services shall be reasonable, negotiable and based on a fixed percentage of the service cost per the Company’s established fee schedule. Without exception there are no refunds for the cleaning service. ‍The Company, at its sole discretion, may make promotional offers with different features and different rates to any of Our customers. These promotional offers, unless made to You, shall have no bearing whatsoever on Your offer or contract.

Cancellation: Failure to notify Company twenty-four (24) hours in advance of cancellation of any requested service will result in a $99 fee charged for the scheduled visit. There are no refunds for the cancellation charge unless the fee has been excused by the Company due to an emergency to be determined valid by the Company at its sole discretion. ‍

Lock Out or No-Show: It is Your responsibility to ensure access for cleaning. If You are not available or other access arrangements have not been made and the Service Provider is unable to enter, there will be a $99 lock-out charge. There are no refunds for the lock-out
charge unless the fee has been excused by the Company due to an emergency to be determined valid by the Company at its sole discretion.

Service Provider Performance: For quality assurance, a “walk-through” or inspection is required at the completion of service. The service provider must be contacted on the worksite after completion of the service if You are not entirely satisfied with the cleaning work that was performed.

Direct Hiring Prohibited: You agree not to directly engage the services of any referred Service Provider during the term of this Agreement and for a period of nine (9) months after termination of services without informing Company of the scheduled services. Should services commence or additional services be provided without informing Company, You agree to pay Company $5,000 as Liquidated Damages for breach of this provision.

Performance of Services: The Service Provider represents that he/she possesses the qualifications, ability and experience to perform all services requested by and rendered to You without the advice, control or supervision of Company. The Service Provider shall be solely responsible for satisfactory performance of services to be rendered to Client. In the event Client communicates a complaint regarding the quality of services rendered or work performed, breakage, theft, or any other problem occurring while the Service Provider rendered service, it is the sole responsibility of the Service Provider to resolve the problem directly with Client. If any such complaints or concerns are received by Company, Company agrees to promptly inform the Service Provider so he or she may resolve the matter directly with Client. Company shall not be liable, and You agree to indemnify Company from and against any claims, losses, costs, fees, liabilities, damages, or other injuries that arise as a result of the Service Provider’s actions or unsatisfactory performance. Without exception there are no refunds for the cleaning service. The Company does not guarantee or warrant, and makes no representations regarding, the reliability, quality or suitability of such independent Service Providers. When interacting with cleaning Service Providers You should exercise caution and common sense to protect Your personal safety and property, just as You would when interacting with other persons whom You don't know. By using the Service, You agree to hold the Company free from the responsibility for any liability or damage that might arise out of the transaction involved. NEITHER THE COMPANY NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. THE COMPANY AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

Indemnification:

By entering into this Agreement and using the Site or Service, You agree to defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party, including providers of cleaning services arranged via the Service or Site, or (c) Your use or misuse of the Site or Service.

Independent Domestic Worker: Company is not the employer of the Service Provider referred to Client. Client acknowledges that she or he may have employer responsibilities depending upon the nature of the professional relationship established with the referred Service Provider and thus, may be liable for payment of State and/or Federal employment taxes incurred during and throughout the course of the engagement. In addition, Client acknowledges that Company shall not be liable, and Client agrees to indemnify Company from and against any claims, losses, costs, fees, liabilities, damages, or injuries arising out of Client’s failure to pay any such taxes. In no event shall the Company be responsible for any such taxes.

Termination: Client reserves the right to replace or terminate the Service Provider for any reason. The Company reserves the right to (i) modify or discontinue, temporarily or permanently, the Service (or any part thereof) and (ii) refuse any and all current and future use of the Service, suspend or terminate Your account (any part thereof) or use of the Service, for any reason, including if the Company believes that You have violated this Agreement or engaged in inappropriate conduct, including but not limited to: (i) abusive, harassing or vulgar language in spoken, written, email or other electronic form; (ii) threatening and/or violent behavior; (iii) fraud; (iv) theft or unauthorized removal or possession of the property of Service Providers; (v) unsafe behavior or practices (including but not limited to actions that pose a safety threat to a service provider or any other person); and (vi) falsification, material omissions or destruction of records. The Company shall not be liable to You or any third party for any modification, suspension or discontinuation of the Service. The Company will use good faith efforts to contact You to warn You prior to suspension or termination of Your account by the Company.

Attorney’s Fees: Client agrees to pay all reasonable costs, including, but not limited to, attorney’s fees incurred by the Company to enforce any provision in this Agreement.

Governing Law/Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Pennsylvania. Any action or proceeding commenced regarding this Agreement or the subjects herein shall be brought in Allegheny County, Pennsylvania.

Service Fee: A 3.05% Service fee will be added for every booking.

Refund Policy: Without
exception there are no refunds for the cleaning service. In the event the signed customer claims a chargeback on their credit or debit card for the services that were provided by Pristine Finish Clean, and the card issuer determines that the customer has committed fraud by requesting a chargeback, the signed customer shall pay Liquidated Damages to the Company at the amount of $750.00 in addition to the cost of service per occurrence.  

Background Check Request Clause for Client Agreement: Client may request a background check for any service provider Company refers to Client. To ensure FCRA compliance, it is Company’s
policy to provide Clients with an attestation of completion of background check pursuant to Client’s requirements, but not the actual results. Client agrees to comply with applicable law related to background checks, reports, and any action taken.

Privacy Policy: By accessing and/or using the Site or Service, You acknowledge that You have reviewed, understand, and accept and agree to be bound by the terms of Our Privacy Policy which governs, among other things, how We collect, use, and disclose information through Our Site or any Services. Except as expressly set forth in Our Privacy Policy, and without limiting any other provisions of these Terms, any communication or material You send to Us by any means, including through the Services, by email, or otherwise, is and will be non-confidential. We shall be free to use all ideas, suggestions, inventions, know-how, and techniques contained in such communication for any purpose, including invention, development, manufacturing, and marketing products, without any notification or compensation to You.

Intellectual Property:

The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and the Service. To the extent You provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information regarding the Service or Site, You hereby assign to the Company all right, title and interest thereto. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Site or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Site and Service are trademarks of the Company or third parties, and no right or license is granted to use them.

Opt in for SMS using Our Toll Free numbers: When receiving SMS messages from Pristine Finish Clean or
from any of Our toll free numbers Msg & data rates may apply. For help, contact [email protected]. By submitting contact numbers and other information to Us, You consent or opt in to contact by Us or the Service Provider, Our/their agents, and Our/their partners at the number(s) provided, by telephone call and/or text message, including by calls or text messages made
by an automatic telephone dialing system or other automated technology, even if You have opted-out of such calls through the National Do Not Call Registry (or state equivalent) or the internal do not call list of the Company or any other company. When receiving incoming messages, You may opt out by replying “Stop”.

Limitations on Liability:

IN NO EVENT SHALL THE COMPANY'S
AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS
LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR SOFTWARE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR SITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR SOFTWARE, EVEN IF THE COMPANY AND/OR
ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY’S SERVICE AND SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, TELECOMMUNICATIONS NETWORKS AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY CLEANING SERVICE PROVIDERS FOR THE PURPOSES OF PROVIDING CLEANING SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY CLEANING SERVICE PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY CLEANING SERVICE PROVIDER. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND SUCH THIRD-PARTY SERVICE PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE SITE OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD-PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD-PARTIES INTRODUCED TO YOU BY THE SITE OR SERVICE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

THE QUALITY OF THE CLEANING SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SITE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY SERVICE PROVIDER WHO ULTIMATELY PROVIDES SUCH CLEANING SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SITE AND/OR THE SERVICE, YOU MAY BE EXPOSED TO CLEANING SERVICES THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SITE AND THE SERVICE, AND SUCH THIRD-PARTY CLEANING SERVICE PROVIDERS, AT YOUR OWN RISK.

NOTHING ON THIS WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE
ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.

BY USING THE SERVICE OR SITE, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT THINK THEY ARE REASONABLE, YOU MUST NOT USE THE SERVICE OR SITE.

ARBITRATION AGREEMENT:

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO BRING A LAWSUIT IN COURT. THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AAA RULES AND PROCEDURES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR THE COMPANY WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

Scope: This arbitration agreement governs all Disputes between the Company and You. It does not govern disputes that may arise between You and Your Service Provider. Disputes between You and Your Service Provider will be governed by the Service Provider's terms of service, if any. Please contact Your Service Provider for details pertaining to its dispute resolution procedures. Except for small claims actions and requests for injunctive relief as explained further below, You and Pristine Finish Clean LLC agree that all Disputes that arise between Us shall be governed by binding arbitration pursuant to this Section. The parties intend to give the term “Dispute(s)” the broadest possible definition that will be enforced and it includes, but is not limited to, any and all disputes, controversies, or claims that rise out of or in any way relate to these Terms, the Privacy Policy and the data We collect from You, Your access to and use of the Site and/or Services, the Company’s Intellectual Property, any product or service You book through use of the Site or Services and any products or services that You purchase from an independently owned Service Providers. The parties further agree that the arbitrator and not a court will resolve all threshold issues of arbitrability, including but not limited to the enforceability, validity and/or scope of this agreement to arbitrate. For avoidance of doubt, this Section applies to all Disputes between us, including those that arose or accrued before the parties entered into this agreement.

Governing Law and Rules: These Terms reflect a transaction involving commerce to which the Federal Arbitration Act (“FAA”) applies. To the extent the FAA and/or the Dispute requires the application of state law, the law of the Commonwealth of Pennsylvania shall apply. The arbitration shall proceed pursuant to the current AAA consumer Arbitration Rules & Procedures. (the “AAA Rules and Procedures”). The AAA Rules and Procedures are available at AAA Rules, Forms & Fees | ADR.org or by calling (800) 778-7879. The arbitration will be heard and determined by a single arbitrator, who shall be selected pursuant to the applicable AAA Rules and Procedures. The arbitrator’s decision, judgment, or award in any such arbitration will be final and binding upon the parties and may be entered and enforced in any court having jurisdiction thereof.

Exceptions to Arbitration: The only Disputes that are not subject to arbitration pursuant to this Section and which may be maintained in court are: (1) claims subject to the jurisdiction of the small claims court that You or the Company choose to pursue therein; and (2) claims for provisional or injunctive relief, including claims for pre-arbitral attachments, preliminary injunctions, or public injunctive relief. Filing a small claims action and/or making a request in court for the injunctive relief permitted by this subsection shall not be deemed a waiver of the right to arbitrate any additional Disputes that remain arbitrable under this section or that are interpreted as otherwise incompatible with the right to arbitrate.

Class Action Waiver: PLEASE READ THIS PARAGRAPH CAREFULLY—IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS. All
Disputes will be resolved on an individual basis and not on behalf of, or as any part of, a purported class, consolidated, representative or private attorney general proceeding.

Fees: If You initiate arbitration against us, You will be responsible for Your portion of the professional fees for the arbitrator’s services or any other AAA fees as set forth in the applicable AAA rules. In the final award, the arbitrator may apportion the costs of arbitration, the compensation of the arbitrator, and/or the parties’ attorneys’ fees among the parties in such amounts as the arbitrator deems appropriate. Pursuant to the AAA Rules and Procedures, the arbitration shall proceed in a location determined by the arbitrator (provided that such location is reasonably convenient for You), or at such other location as may be mutually agreed upon by the parties.

Severability: If any part of this Section other than the Class Action Waiver is deemed to be invalid, unenforceable or illegal, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If the Class Action Waiver is deemed to be invalid, unenforceable or illegal, however, then the entirety of this arbitration provision shall be null and void and the Dispute shall proceed in court.

Terms may change without notice.