CUSTOMER TERMS OF USE

These Terms of Use ("Terms of Use") constitute a legally binding agreement between you ("User" or "you" or "your") and HAILaGEEK, LP ("HAILaGEEK" or "we" or "us"). The following terms and conditions, govern your access to and use of HAILaGEEK's mobile application for iOS and Android devices (the "App"), and your access to and use of HAILaGEEK's website located at www.HAILaGEEK.com (the "Website") including any content, functionality and services offered on or through the Website (the "Internet Services") (the Website, the Internet Services, and the App, are collectively referred to as the "HAILaGEEK Platform"), whether as a guest or a registered User.

You may not use the HAILaGEEK platform to benchmark, evaluate, or test the HAILaGEEK services for journalistic purposes (you must use it for normal purposes) unless you have notified and obtained prior written permission from HAILaGEEK to perform an evaluation. We welcome requests to evaluate our platform from known, established journalists and consumer organizations and encourage these entities to contact us for permission and any assistance we can provide with the evaluation process.

YOU MAY NOT ACCESS OR PURCHASE SERVICES IF YOU ARE OUR DIRECT COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS OR PURCHASE SERVICES FOR PURPOSES OF MONITORING THEIR AVAILABILITY, PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.

PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND HAILAGEEK 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 HAILAGEEK TO A PRELIMINARY RESOLUTION MECHANISM AND THEN, IF IT FAILS, 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. AS A PROVIDER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 30.

Please read these Terms of Use carefully before you start to use the HAILaGEEK Platform. By installing the App, by otherwise accessing or using any aspect of the HAILaGEEK Platform, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree that you have read, understood, and agree to be bound and abide by these Terms of Use (including the dispute resolution and arbitration provisions in Section 30) and our privacy policy, found at www.HAILaGEEK.com/privacy-policy/("Privacy Policy"), incorporated herein by reference (together herein referred to as this "Agreement"). If you do not agree to this Agreement, you may not access or use the HAILaGEEK Platform.

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

MATERIAL TERMS AND NOTICES

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

The HAILaGEEK Platform connects you to others. You are neither an employee nor subcontractor of HAILaGEEK.

The HAILaGEEK Platform is licensed to you, not sold to you, and you may use the HAILaGEEK Platform only as set forth in these Terms of Use;

The use of the HAILaGEEK Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the "Carrier"), including fees charged for data usage and overage, which are your sole responsibility;

You consent to the collection, use, and disclosure of your personally identifiable information in accordance with the Privacy Policy;

The HAILaGEEK Platform is provided "as is" without warranties of any kind, and HAILaGEEK"s liability to you is limited regarding the performance of Services;

We will resolve disputes arising under these Terms of Use through binding arbitration. By accepting this Agreement, as provided in greater detail in Section 30, you and HAILaGEEK are each waiving the right to a trial by jury or to participate in a class action;

Access to certain features of the HAILaGEEK Platform may require access to information about the location of your device, such as GPS coordinates;

We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the HAILaGEEK Platform for our business purposes, including to provide and improve customer service and the HAILaGEEK Platform, fraud prevention, and to identify violations of this Agreement;

You agree not to circumvent the HAILaGEEK Platform by scheduling and/or paying for services with our Providers outside the Platform; and,

You agree to and acknowledge the "Notice Regarding Apple" in Section 38 below.

  1. Changes to the Terms of Use

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

  2. HAILaGEEK Platform Connects Users

    The HAILaGEEK Platform provides a marketplace or communication platform where independent, self-employed individuals and/or businesses ("Providers") can be found by potential customers, both individuals and businesses that reside in the United States ("Customers"), that are seeking to obtain assistance with the performance of Technical Services around their homes or places of business. The HAILaGEEK Platform further offers Providers digital marketing assistance, payment processing, and other digital services. Each Customer is a "User" for purposes of these Terms of Use. Each User shall create an account that enables such User to access the HAILaGEEK Platform. For purposes of this Agreement, the services provided by Providers to their Customers that are scheduled through the HAILaGEEK Platform shall be referred to as the "Services." It is up to the Providers to decide whether to provide Services to Customers contacted through the HAILaGEEK Platform.

    Unless otherwise disclosed, Providers are deemed to be unlicensed. Please note that in certain markets Provider may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Customers must determine for themselves whether a Provider is qualified to perform the requested Service. Customers should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.

    ANY DECISION BY USERS TO ACCEPT SERVICES THROUGH THE HAILAGEEK PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. EACH SERVICE PROVIDED BY A PROVIDER TO A CUSTOMER SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT PROVIDER AND CUSTOMER. PROVIDERS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF HAILAGEEK. HAILAGEEK MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. HAILAGEEK DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY PROVIDERS. HAILAGEEK HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO CUSTOMERS BY PROVIDERS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, HAILAGEEK IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY PROVIDER, EXCEPT DYNAMIS DOT NET WHO IS BOTH A PROVIDER AND HOSTS THE PLATFORM ON THEIR SERVERS.

  3. Provider Background and Identity Check Process

    HAILaGEEK checks the backgrounds of each Provider using a third-party background check service that includes, but is not limited to, a sex offenders registry check, county, state, federal and national criminal records check, and domestic and international terrorist watchlist check. HAILaGEEK also requires each Provider to submit to HAILaGEEK a government-issued photo ID and a profile picture. Providers hereby give consent to HAILaGEEK to conduct background checks as often as required in compliance with applicable law, including without limitation the Fair Credit Reporting Act. Although HAILaGEEK performs background and identity checks on each Provider, HAILaGEEK cannot confirm that each Provider is who they claim to be, and therefore, HAILaGEEK cannot and does not assume any responsibility for the accuracy or reliability of the identity or background check information or any information provided through the Service.

    CUSTOMER ACKNOWLEDGEs AND AGREEs THAT HAILAGEEK IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. HAILAGEEK IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. HAILaGEEK"s sole liability with respect to the Services performed by Providers is as set forth in the HAILaGEEK Guarantee described in Section 6.

  4. Job Fees for Services and Additional Services
    1. Job Fee. Customers shall be charged pursuant to the rates quoted via the HAILaGEEK Platform at the time the Service is scheduled (or prior to acceptance of a Counter-Bid or Additional Service), which shall be based either on (i) the stated parameters of the Services and the location where such Services are to be performed or (ii) a counter-bid price proposed directly from a Provider (the "Job Fee"). You are responsible for reviewing the applicable Job Fee prior to the submission. 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.

      Customer agrees to pay all charges from HAILaGEEK which they have approved through the app, including but not limited to:

      • Travel performed at the hourly travel rate charged by their technician, EVEN IF THEY CHOOSE TO DECLINE TO HAVE THE TECHNICIAN PROCEED WITH THE WORK AFTER THE TECHNICIAN ARRIVES, AND EVEN IF CUSTOMER HAS LEFT THE PREMISES BY THE TIME THE PROVIDER ARRIVES;
      • work performed at the hourly rate charged by their Provider;
      • flat fees charged by their Provider for flat fee jobs;
      • parts they approved for their job through the app;
      • a $30 charge for Fee Resolution if they (customer) request Fee Resolution;
      • local sales tax assessed by the app on all work and parts; and
      • whatever final fee is determined by Fee Resolution if they (customer) request Fee Resolution.

      HAILaGEEK is not responsible for the quality of the work provided by Provider. HAILaGEEK makes available via the 3rd party fee resolution service "feeresolution.com" a $30 Fee Resolution service in case of customer dissatisfaction.Customer agrees to arbitration in case of any disputecontinuing beyond the Fee Resolution process.

      Customer agrees to pay for all services within 24 hrs of the time they are marked as completed by the contractor, unless they:

      • click "The Work is Not OK" on the HAILaGEEK platform (within 24 hrs. of when the contractor indicates the work is completed);
      • pay a $30 fee for Fee Resolution to adjust the price of the services rendered;
      • answer all questions during the Fee Resolution process regarding why they are not satisfied with the work; and
      • agree to pay the (potentially reduced) fees resulting from the Fee Resolution process.
    2. Additional Services. When all pre-scheduled Services are completed, the User may request performance of one or more additional Services (each, an "Additional Service") before a Provider departs the Customer's location. Users may only schedule an Additional Service if (i) the performance and completion thereof does not conflict with a Provider's existing appointments; (ii) it is not an Excluded Service (as defined below); and (iii) does not violate these Terms of Use. The Job Fee for Additional Services shall be the rate agreed to by both parties through the HAILaGEEK Platform, Additional Services that are not confirmed and paid for through the HAILaGEEK Platform will not be covered by the HAILaGEEK Guarantee and are a violation of the terms of this Agreement, which may result in the suspension or deactivation the User's account(s).
    3. Excluded Services. User hereby agrees to not schedule any of the following as Services or Additional Services through the HAILaGEEK Platform (collectively, the "Excluded Services"):
      • Services that require a permit;
      • Services that require a license or certificate;
      • 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 Provider 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.
  5. Payments

    Users of the HAILaGEEK Platform contract for the Services directly with Providers. Except as set forth in Section 33 below, HAILaGEEK is not a party to any contracts for the Services. The HAILaGEEK Platform facilitates these contracts by supplying a medium through which Customers can connect with Providers, schedule the Services. Notwithstanding the foregoing, Customers may not circumvent the HAILaGEEK Platform by using the HAILaGEEK Platform to connect with Providers and then engage those Providers for Services outside of the HAILaGEEK Platform.

    1. Payment Processing Service. To facilitate payment for the Services, each User is required to register a credit, debit or prepaid card or Charitable Voucher. You authorize us and the payment processing service retained by us (currently, Stripe and Braintree) to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and Providers and between you and us. All payments transacted through Stripe or Braintree shall be subject to the Stripe and Braintree Connected Account Agreement, located at https://stripe.com/connect/account-terms (Braintree"s may be found at https://www.braintreepayments.com/), which includes the Stripe Terms of Service, located at https://stripe.com/us/terms (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe or Braintree from time to time. As a condition of HAILaGEEK facilitating payment processing services through Stripe or Braintree , you agree to provide HAILaGEEK accurate and complete information about you and, if applicable, your business, and you authorize HAILaGEEK to share it and transaction information related to your use of the payment processing services provided by Stripe or Braintree.
    2. 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 HAILaGEEK 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, such as for parts, that were orderedin connection with the Services; (iii) any out of pocket expenses for materials and related delivery fee, if any, agreed to by and between you and your Provider through the HAILaGEEK Platform; (iv) any tip or gratuity you elect to give to your Provider; and (v) a platform fee of up to twenty-five percent (25%), which is used, in part, to offset the expense of providing you the HAILaGEEK Guarantee set forth in Section 6. 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 twenty-four (24) hours 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 HAILaGEEK 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 are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.

      Except for the HAILaGEEK 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. HAILaGEEK will assess sales tax on all service and parts at the time of sale. Sales tax will be charged as an addition to the estimate for Services and Additional Services.HAILaGEEK is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on HAILaGEEK's income. Customers will be liable for all transaction taxes on the Service(s) provided (other than taxes based on HAILaGEEK's income).

    3. Promotions. HAILaGEEK, 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 HAILaGEEK. You are not required to participate in promotions. BY PARTICIPATING IN ANY PROMOTIONAL ACTIVITY VIA THE HAILAGEEK PLATFORM, YOU ARE AGREEING TO ANY ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO THE PROMOTIONAL ACTIVITY, including the following:
    1. HAILaGEEK Promo Codes. From time to time, HAILaGEEK will distribute unique alphanumeric codes or preloaded credits ("Promo Codes") that can be redeemed by User for a set percentage or value off a Service (such percentage and value amount may be changed by HAILaGEEK without notice prior to redemption), but unless otherwise indicated, the Promo Code does not apply to platform fees, dump fees, tips or other fees and charges. Promo Codes are only redeemable for use on the HAILaGEEK Platform to be applied towards Services and are non-transferable or redeemable for cash value. Promo Codes must be applied prior to the submission of a request for a Service and cannot be applied to previously completed Services. Only one Promo Code can be used per Service and each unique Promo Code is limited 1 per User, per household, per service address, and any balance remaining on the Promo Code will be forfeited, unless otherwise agreed to by HAILaGEEK in its sole discretion. Promo Codes and other discounts cannot be combined with any other offers or promotions and may be limited in quantity. Promo Codes are subject to expiration and must be used within the amount of time stated by HAILaGEEK at the time the Promo Code is provided to you, but in no event later than (30) days from the date thereof; provided, however, that HAILaGEEK reserves the right in its sole discretion to extend the validity of a Promo Code beyond the stated expiration date. HAILaGEEK further reserves the right to withhold or deduct credits or other features or benefits obtained using a Promo Code by a User if HAILaGEEK determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms of Use. Unless preloaded to a User account by HAILaGEEK in its sole discretion, Users must enter each Promo Code into their account for its appropriate value before a User can use that value on the HAILaGEEK Platform.
    2. Charitable Vouchers. From time to time, HAILaGEEK may issue charity-related Promo Codes ("Charitable Vouchers") to charitable organizations for use by such organizations" designated recipients that are Users of the HAILaGEEK Platform. Charitable Vouchers can be used for all Services and fees approved by the issuing charitable organization and in accordance these Terms of Use and HAILaGEEK's agreement with the issuing charitable organization.
    3. HAILaGEEK Rewards Program. HAILaGEEK may allow users to participate in the HAILaGEEK Rewards program through the Website and App, which is designed to provide certain benefits to Users that schedule and successfully complete Services and/or share their HAILaGEEK Sharing Promo Code.

      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.

  6. HAILaGEEK Guarantee

    Our HAILaGEEK 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 HAILaGEEK Guarantee you must report the issue within twenty-four (24) hours by clicking "The Work is Not OK" and then clicking the FeeResolution link and paying a $30 fee for Fee Resolution of the Service appointment to our Support Center at support@HAILaGEEK.com and respond to all follow up questions requested of you from Fee Resolutionthe Support Center, and you may be eligible for the HAILaGEEK Guarantee Remedies. The "HAILaGEEK Guarantee Remedies" are as follows: if we determine that a Service does not meet the HAILaGEEK 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 HAILaGEEK Guarantee, we will refund the payment actually made for such Service. The amount of the HAILaGEEK Guarantee is limited to any payment you made for the Service. The HAILaGEEK Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the HAILaGEEK Guarantee does not apply to any payments made for Services not scheduled and paid for through the HAILaGEEK Platform. THIS SECTION 6 STATES HAILAGEEK'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.

    HAILaGEEK reserves the right in its sole discretion to eliminate the HAILaGEEK Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to HAILaGEEK, although HAILaGEEK will endeavor to post notification of any material changes.

  7. Service Cancellation

    HAILaGEEK's cancellation policy for specific Services is as follows:

    1. HAILaGEEK's cancellation policy for specific Services is as follows:
    1. Services Booked 24 Hours in Advance
      • If you cancel more than 24 hours before a scheduled Service appointment, there is no cancellation fee.
      • If you cancel between 2-24 hours before a scheduled Service appointment, you may be charged a $10.00 cancellation fee.
      • If you cancel less than 2 hours before a Service appointment, you may be charged a $50.00 cancelation fee.
    2. Services Booked Less 24 Hours in Advance
      • For Services that were booked between 2-24 hours before the scheduled Service appointment, you may be charged a $10 cancellation fee if you cancel less than 2 hours before a Service appointment.
      • For Services that were booked less than 2 hours before the scheduled Service appointment, including Services scheduled as "Now" appointments, you will only be subject to a $10 cancellation fee if you fail to cancel such appointment within 5 minutes after you booked your job.
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  9. Ratings

    To help maintain the quality of the HAILaGEEK Platform, both Providers and Customers will have the opportunity to rate each other after the completion of Services. Customers will see Provider ratings before selecting a Provider for a job so each rating a Customer gives can have an impact on that Provider's future on the HAILaGEEK Platform. In addition, Customers with a low star rating may not have their requests accepted.

  10. Communications

    By becoming a User, you expressly consent and agree to accept and receive electronic and other communications from us, including via email, text message, calls, and push notifications to the telephone number or email address you provided to us, as further described in our Privacy Policy. If you wish to opt out of promotional emails, text messages, or other communications, you may opt out by following the unsubscribe options provided to you in such promotional communications. You may opt out of receiving non-promotional communications from us at any time by deactivating your account. You may continue to receive text messages for a period of time while we work to deactivate your account, and you may also receive text messages confirming the deactivation of your account. You consent to receive autodialed or prerecorded calls from us at the telephone number that you have provided to us to: (a) facilitate communications among Users; or (b) otherwise provide our services or enforce these Terms of Use. You are not required to provide your consent to these calls as a condition of purchase on the HAILaGEEK Platform. Standard telephone minute charges may apply.

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

  11. Location Coordinates

    By executing this Agreement, you agree to the use and disclosure of Location Coordinates information.

  12. Accessing the HAILaGEEK Platform and Account Security

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

    You are responsible for:
    • Making all arrangements necessary for you to have access to the HAILaGEEK Platform.
    • Ensuring that all persons who access the HAILaGEEK Platform through your account are aware of this Agreement and comply with them.

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

    If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the HAILaGEEK 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.

  13. Release

    THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS AND PROVIDERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, HAILAGEEK IS NOT AFFILIATED WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, PROVIDER, OR THIRD PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE HAILAGEEK (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

  14. Limited License; Intellectual Property Rights

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

    You may not modify, alter, reproduce, or distribute the HAILaGEEK Platform. You may not directly rent, lease, lend, sell, redistribute, or sublicense the HAILaGEEK 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 HAILaGEEK 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 HAILaGEEK Platform or any content available through the HAILaGEEK Platform.

    The HAILaGEEK 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 HAILaGEEK, its subsidiaries, its affiliates, 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 app or 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 HAILaGEEK Platform or any services or materials available through the HAILaGEEK Platform.

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

  15. Prohibited Uses

    You may use the HAILaGEEK Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the HAILaGEEK 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 HAILaGEEK, a HAILaGEEK 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 HAILaGEEK Platform, or which, as determined by us, may harm HAILaGEEK or Users of the HAILaGEEK Platform or expose them to liability.

    Additionally, you agree not to:

    • Use the HAILaGEEK Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the HAILaGEEK Platform, including their ability to engage in real time activities through the HAILaGEEK Platform.
    • Use any manual process to monitor or copy any of the material on the HAILaGEEK 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 HAILaGEEK 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 HAILaGEEK Platform, the server on which the HAILaGEEK Platform is stored, or any server, computer or database connected to the HAILaGEEK Platform.
    • Attack the HAILaGEEK Platform via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the HAILaGEEK Platform.
  16. 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 HAILaGEEK Platform, you may contact our Designated Agent at HAILaGEEK, LP, Attn: Managing Partner, __________________________ or copyright@HAILaGEEK.com.

    Any notice alleging that materials hosted by or distributed through the HAILaGEEK 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 HAILaGEEK 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 HAILaGEEK 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. HAILaGEEK will promptly terminate without notice the accounts of Users that are determined by HAILaGEEK 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 HAILaGEEK Platform at least twice.

  17. User Contributions

    The HAILaGEEK Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "post") content, photographs, images, or other related materials (collectively, "User Contributions") on or through the HAILaGEEK Platform, including Provider or Customer-supplied profile pictures and job/service-related photos, Provider names and Provider logos.

    Any User Contribution you post to the site is subject to the governing provisions set forth in our Privacy Policy. User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the HAILaGEEK Platform, you hereby grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. By posting or sharing User Contributions with other Users, to the fullest extent permitted under applicable law, you grant those Users a non-exclusive license to access and use those User Contributions as permitted by these Terms of Use and the functionality of the HAILaGEEK Platform.

    You represent and warrant that:
    • You own or control all rights in and to the User Contributions and have the right to grant the licenses granted above to us and our licensees, successors and assigns and other Users.
    • Your User Contributions, and the use of your User Contributions as contemplated by these Terms of Use, do not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) be obscene, contain nudity, be harmful to minors, infected with viruses that are intended to detrimentally interfere with any data, or liability inducing to HAILaGEEK; or (iv) cause HAILaGEEK to violate any law or regulation.
    • All of your User Contributions do and will comply with this Agreement.

    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not HAILaGEEK, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

    We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the HAILaGEEK Platform.

    In exchange for the right to use the HAILaGEEK Platform, Users who post their User Contributions hereby irrevocably grant to HAILaGEEK the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the HAILaGEEK Platform:

    • the right to use User Contributions in the advertising, marketing, and/or publicizing of the HAILaGEEK Platform to perform and improve upon the HAILaGEEK Platform; or
    • the right to exercise all copyright, publicity rights, and any other rights therein.

    Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases HAILaGEEK from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.

  18. Monitoring and Enforcement

    We have the right to:

    • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
    • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the HAILaGEEK Platform or the public or could create liability for HAILaGEEK.
    • 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 HAILaGEEK Platform.
    • Terminate or suspend your access to all or part of the HAILaGEEK 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 HAILaGEEK Platform. YOU WAIVE AND HOLD HARMLESS HAILAGEEK 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.

    To the fullest extent permitted under applicable law, we are under no obligation to edit or control User Contributions that you or other Users post or publish, and we expressly disclaim any and all liability in connection with User Contributions. HAILaGEEK may, at any time and without prior notice, screen, remove, edit, or block any User Contributions that in our sole judgment violates these Terms of Use or are otherwise objectionable. You understand that when using the HAILaGEEK Platform you will be exposed to User Contributions from a variety of sources and acknowledge that User Contributions may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HAILaGEEK with respect to User Contributions.

  19. 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 HAILaGEEK"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 HAILaGEEK or a neutral third-party mediator or arbitrator selected by HAILaGEEK. Notwithstanding the foregoing, you acknowledge and agree that HAILaGEEK is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.

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  21. Third Party Services, Charitable Organization Programs, Third Party Fees, and Linked Websites
    1. Access to Third Party Services. The HAILaGEEK Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, or charitable donation programs (collectively, "Third Party Services"), and may enable you to export information or content, including your or other Users" User Contributions, to Third Party Services such as Twitter or Facebook, through a feature of the HAILaGEEK Platform. By using one of these features, you agree that HAILaGEEK may transfer that information or User Contribution to the applicable Third Party Service. HAILaGEEK does not have or maintain any control over Third Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third Party Services, HAILaGEEK does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third Party Services.
    2. Disclaimer of Liability for Third Party Services. Third Party Services may have their own terms of use and privacy policy, and your use of the HAILaGEEK Platform may incur third-party fees, such as fees charged by your mobile carrier for data usage. You are solely responsible for reviewing and complying with any terms of use, privacy policy or other terms governing your use of Third Party Services, and you are solely responsible for all Third Party Services" fees incurred by you for use of the HAILaGEEK Platform. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services and to protect your computer systems from viruses, worms, trojan horses and other harmful or destructive content that may be included on or with any Third Party Services. HAILaGEEK disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against HAILaGEEK with respect to any Third Party Services.
    3. Additional Notices and Disclaimers for Charitable Programs. We have no control over the conduct of, or any information provided by, a Charity, and we hereby disclaim all liability in this regard to the fullest extent permitted by applicable law. You, as a Donor, must make the final determination as to the value and appropriateness of contributing to any Campaign or Charity. We do not and cannot verify the information that a Charity supplies, nor do we guarantee that the Donations will be used in accordance with any fundraising purpose prescribed by a Charity. We assume no responsibility to verify whether the Donations are used in accordance with any applicable laws; such responsibility rests solely with the Charity. While we have no obligation to verify that the use of any funds raised is in accordance with applicable law and these Terms of Use, we take possible fraudulent activity and the misuse of funds raised very seriously. If you have reason to believe that a Charity is not raising or using the funds for their stated purpose, please alert our team of this potential issue by emailing charity@HAILaGEEK.com, and we will investigate
    4. Additional Notice for Google Maps. The HAILaGEEK Platform may provide access to Google's Maps service. By using the HAILaGEEK Platform and accessing the Google's Maps service, you are explicitly agreeing to be bound by the Google Maps/Google Earth Additional Terms of Use (including the Google Privacy Policy).
  22. Third Party Software

    Software you download in connection with the HAILaGEEK Platform consists of a package of components that may include certain third-party software ("Third Party Software") provided under separate license terms (the "Third Party Terms"). Your use of the Third Party Software in conjunction with the HAILaGEEK Platform in a manner consistent with these Terms of Use is permitted; however, you may have broader rights under the applicable Third Party Terms, and nothing in these Terms of Use is intended to impose further restrictions on your use of the Third Party Software.

  23. 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 HAILaGEEK Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Provider and/or Customer), or revoke your permission to access the HAILaGEEK Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the HAILaGEEK 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 HAILaGEEK terminate your participation or access to the HAILaGEEK Platform or Services.Customer agrees to pay for all jobs which Customer started on the HAILaGEEK platform even if Customer terminates participation on the Platform.

  24. Changes to the HAILaGEEK Platform

    We may update the content on this HAILaGEEK Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the HAILaGEEK Platform may be out of date at any given time, and we are under no obligation to update such material.

  25. Information About You and Your Visits to the HAILaGEEK Platform

    All information we collect on this HAILaGEEK Platform is subject to our Privacy Policy. By using the HAILaGEEK Platform, you consent to all actions taken by us with respect to your information, in compliance with the Privacy Policy.

  26. Confidential Information
    1. HAILaGEEK's Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of HAILaGEEK 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 HAILaGEEK 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 HAILaGEEK upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of HAILaGEEK's trade secrets, confidential and proprietary information and all other information and data of HAILaGEEK 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.
  27. Disclaimer of Warranties

    You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the HAILaGEEK 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 HAILAGEEK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY HAILAGEEK PLATFORM LINKED TO IT.

    YOUR USE OF THE HAILAGEEK PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK PLATFORM IS AT YOUR OWN RISK. THE HAILAGEEK PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HAILAGEEK NOR ANY PERSON ASSOCIATED WITH HAILAGEEK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE HAILAGEEK PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER HAILAGEEK NOR ANYONE ASSOCIATED WITH HAILAGEEK REPRESENTS OR WARRANTS THAT THE HAILAGEEK PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK 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 HAILAGEEK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

    HAILAGEEK 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.

  28. Limitation on Liability

    IN NO EVENT WILL HAILAGEEK, 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 HAILAGEEK PLATFORM, ANY HAILAGEEK PLATFORMS LINKED TO IT, ANY CONTENT ON THE HAILAGEEK PLATFORM OR SUCH OTHER HAILAGEEK PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE HAILAGEEK PLATFORM OR SUCH OTHER HAILAGEEK 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 HAILAGEEK, 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 HAILAGEEK PLATFORM OR OTHERWISE UNDER THESE TERMS OF USE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU PAID TO HAILAGEEK FOR ACCESS TO AND USE OF HAILAGEEK PLATFORM IN THE 12 MONTHS PRIOR TO THE EVENT(S) GIVING RISE TO CLAIM; OR (B) $1000.

    THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS OF USE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS OF USE. THE LIMITATIONS IN THIS SECTION 28 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

  29. Indemnification

    You agree to defend, indemnify and hold harmless HAILaGEEK, 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 HAILaGEEK Platform, including, but not limited to, any use of the HAILaGEEK Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the HAILaGEEK Platform.

  30. Dispute Resolution; Arbitration of Claims

    Dispute.This section applies to any dispute EXCEPT IT DOES NOT APPLY TO A DISPUTE RELATING TO THE ENFORCEMENT OR VALIDITY OF COMPANY"S INTELLECTUAL PROPERTY RIGHTS. The term "dispute" means any dispute, action, or other controversy between Provider and Company concerning the Services, Deliverables, and any other matter in connection with this Agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. "Dispute" will be given the broadest possible meaning allowable under law.

    In the event of a dispute, Customer, Provider or Company must give the other two parties a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. If a Customer is giving the Notice of Dispute, it may be submitted by indicating via the HAILaGEEK Platform that the Service or Deliverables are not satisfactory, and filling out the form provided by the FeeResolution Platform.

    Upon submission of the Notice of Dispute by a Customer, the parties will immediately commence arbitration.

    Upon submission of a Notice of Dispute by the Company or Provider, the parties will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, Provider or Company may commence arbitration.

    If Customer, Provider and Company do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this section. Provider is giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all Disputes will be resolved by feeresolution.com, or another neutral arbitrator chosen at the discretion of the Company, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator"s award.

    Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Provider nor Company will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

    Any arbitration will be conducted in Texas, United States, by feeresolution.com or the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. The arbitrator may award the same damages to Provider individually as a court could. Claims or disputes must be filed within two years. To the extent permitted by law, any claim or Dispute under this Agreement must be filed within two years. The two-day period begins when the claim or Notice of Dispute first could be filed. If a claim or dispute isn't filed within two days, it's permanently barred.

    If the class action waiver above is found to be illegal or unenforceable as to all or some parts of a dispute, then this Section won't apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Section is found to be illegal or unenforceable, that provision will be severed with the remainder of this Section remaining in full force and effect.

    If Provider is not a United States entity and if the foregoing arbitration provisions are unenforceable pursuant to the governing law of Customer"s jurisdiction, then any dispute arising from or in connection this Agreement will be finally settled by arbitration under the Rules of Arbitration of the International Chamber of Commerce then in effect, by one arbitrator appointed in accordance with such Rules, and such arbitration shall be the exclusive method to settle any dispute relating to this Agreement. The arbitration shall be conducted in the English language and it shall have its seat in Houston, Texas.

    All arbitration awards, as well as any other decision of the arbitrator (including any conservative or interim measures), shall be final, non-appealable, binding and executory. Judgment on the arbitrator's decision may be entered in, and enforced by, any court having jurisdiction over the party against which an award is entered or over such party's assets, and the parties hereby irrevocably waive any defense and any objection to the exercise of jurisdiction by such courts, based on international comity, improper venue or forum non- conveniences

    Continued Performance. The parties will continue to perform their obligations under this Agreement while any dispute is being resolved, except to the extent the issue in dispute precludes performance. Disputes over payment do not preclude performance.

    Time Limit. To the maximum extent permitted under applicable law, claims, actions and disputes must be brought within two (2) business days after the cause of action arises or they are waived.

    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.

    Arbitrator. Any arbitration between you and HAILaGEEK 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 HAILaGEEK.

    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 or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). HAILaGEEK's address for Notice is: HAILaGEEK, LP, 1059 Kurt Road, Bellville, TX 77418, Attn: General Partner. 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 HAILaGEEK may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or HAILaGEEK 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, HAILaGEEK 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 HAILaGEEK in settlement of the dispute prior to the arbitrator's award; or (iii) $1000.

    Fees. If you commence arbitration in accordance with this Agreement, HAILaGEEK will 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 Harris County Texas, 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 HAILaGEEK 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.

    No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND HAILAGEEK 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 HAILaGEEK 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.

    Modifications to this Arbitration Provision. If HAILaGEEK makes any future change to this arbitration provision, other than a change to HAILaGEEK's address for Notice, you may reject the change by sending us written notice within 30 days of the change to HAILaGEEK's address for Notice, in which case your account with HAILaGEEK will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

    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.

  31. Governing Law; Jurisdiction

    Except as set forth in Section 30 entitled "Dispute Resolution; Arbitration of Claims," this Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 30 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Harris County, Texas, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  32. Waiver and Severability

    No waiver by HAILaGEEK 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 HAILaGEEK 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.

  33. Development and Testing

    For purposes of developing and testing the HAILaGEEK Platform, on occasion a HAILaGEEK representative may schedule or perform Services on the HAILaGEEK Platform within the Houston market. On such occasions, the contract for such Service shall between HAILaGEEK and such User and shall be governed by the applicable terms of this Agreement, including, but not limited, to Section 30 above.

  34. 3Entire Agreement

    These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and HAILaGEEK with respect to the HAILaGEEK Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the HAILaGEEK Platform.

  35. Assignment

    This Agreement may not be assigned or transferred by you without HAILaGEEK's prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by HAILaGEEK, in our sole discretion, in accordance with the "Notice" section of this Agreement.

  36. No Agency

    You and HAILaGEEK are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.

  37. Comments and Concerns

    All other feedback, comments, requests for technical support and other communications relating to the HAILaGEEK Platform should be directed to: support@HAILaGEEK.com.

  38. Notice Regarding Apple

    If you are using our mobile applications on an iOS device, the terms of this Section 38 apply. You acknowledge that these Terms of Use are between you and HAILaGEEK only, not with Apple, and Apple is not responsible for the HAILaGEEK Platform or its content. Apple has no obligation to furnish any maintenance or support services with respect to the HAILaGEEK Platform. If the HAILaGEEK Platform fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the mobile application to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the HAILaGEEK Platform. Apple is not responsible for addressing any claim by you or any third party relating to the Service or your possession or use of the HAILaGEEK Platform, including: (a) product liability claims; (b) any claim that the HAILaGEEK Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

    Apple is not responsible for the investigation, defense, settlement, or discharge of any third-party claim that the HAILaGEEK Platform or your possession and use of the mobile application infringe that third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the HAILaGEEK Platform. Apple and Apple's subsidiaries are third-party beneficiaries of Section 38 of these Terms of Use, and upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce this Section 38 of these Terms of Use against you. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  39. Notices

    Except as explicitly stated otherwise, any notice to HAILaGEEK shall be given by certified mail, postage prepaid and return receipt requested to:

    HAILaGEEK, LP

    _______________________

    _______________________

    Attn: General Partner

    Such notices shall be deemed given three days after the date of mailing. Any notices to you shall be provided to you through the HAILaGEEK Platform or given to you via the email address you provided to HAILaGEEK during the registration process or as otherwise listed in your User or Provider account, 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 HAILaGEEK during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

    I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HAILAGEEK PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

©HAILaGEEK, LP. 2019, All Rights Reserved