All SetTM Terms & Conditions

Last Updated June 22, 2016

 

IMPORTANT NOTICE: THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. PLEASE READ THESE PROVISIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS AND LIMIT YOUR LEGAL REMEDIES. See Section G under Part 3-General Terms, below.

 

Welcome to All Set! Please read these All Set Terms and Conditions (the "Terms" or these "Terms"") carefully before signing up for an All Set account, or before requesting, receiving, offering, or providing any Services through either the All Set App (for Customers) or the All Set Pro App (together, the "All Set Apps"). You must be eighteen (18) years old or older to use the All Set Apps, or to request, receive, offer, or provide any Services through All Set. These Terms, along with our Privacy Policy (which is incorporated herein by reference), set out the terms and conditions under which All Set Works, Inc., allows you to use the All Set Apps, and constitute an agreement between All Set and you. You agree to the Terms by: 1) clicking to accept and agree to these Terms where this option is made available to you; or 2) using the All Set App; or 3) using SMS text to request or receive Services (as defined below), or to provide Services. (See Section 3.C below, which governs the provision and delivery of text messages by All Set or our text message service providers.) If you are an owner or employee of a company that will provide Services, you are also binding that company by your agreement. We may modify the Terms from time to time, and we encourage you to review the Terms periodically. Your use of the All Set App after we do so indicates your acceptance of the modified Terms.

 

The All Set App and platform helps Customers to locate Service Providers providing household or related services ("Services") to individuals and families in your neighborhood, to schedule Services appointments with Service Providers they contract with, and to pay for these Services. A "Customer" is anyone who requests or receives Services through the All Set App. A "Service Provider" is any person, business, or company, including their employees and subcontractors, who provide Services through All Set.

 

USE OF THE ALL SET APP OR OTHER ALL SET SERVICES TO SOLICIT, ADVERTISE FOR, OR CONTACT IN ANY FORM USERS FOR EMPLOYMENT, CONTRACTING, OR ANY OTHER PURPOSE NOT RELATED TO AUTHORIZED SERVICES OFFERED VIA THE ALL SET APP, IS STRICTLY PROHIBITED.

 

The rest of the Terms is divided into 3 parts:

 

Part 1.           Customer Terms: These terms apply if you are requesting or receiving Services.

Part 2.           Service Provider Terms: These terms apply if you or your business or company are providing Services.

Part 3.           General Terms: These terms apply to both Customers and Service Providers.

 

 

PART 1. CUSTOMER TERMS

 

A.    YOUR ALL SET ACCOUNT

 

To request Services through the All Set App, you need to create an account with All Set (your "All Set Account"). To create an All Set Account you will need to provide us with specified personal information, including your name, address, email address, mobile phone number, photo (optional) and credit card payment details. Please see All Set's Privacy Policy to learn how All Set handles the information you provide when you sign up for a All Set Account or when you use the All Set App. The account can be accessed with the user name and password you select. You are responsible for maintaining the security of your user name and password, and you may be responsible for any transactions made through your account if you don't maintain that security. You agree to promptly notify us if you discover or otherwise suspect any security breaches relating to the App or your account.

 

You may cancel your All Set Account at any time by calling (855) 868-2493. All Set reserves the right to suspend,  or deactivate your account for any reason or no reason at all, without prior notice, and we may block you from setting up another account after suspension or deactivation. Any cancellation, suspension or termination of your account will not affect your liability for due or past due payments. Your obligations and our rights under the Terms, and our obligations regarding the privacy of your information, will survive any termination.

 

B.    LOCATING SERVICE PROVIDERS; YOU NEED TO INVESTIGATE SERVICE PROVIDERS

 

The All Set App allows you to locate Service Providers providing Services in your neighborhood. ALL SET DOES NOT CONDUCT BACKGROUND CHECKS ON SERVICE PROVIDERS, NOR DOES ALL SET REQUIRE OR VERIFY LICENSING, BONDS, OR INSURANCE. Because Service Providers are independent contractors and are not employed by or engaged by All Set, Service Providers and not All Set are responsible for the accuracy of the information they provided to you.

 

C.    REQUESTING, SCHEDULING; OR CANCELLING SERVICES; YOUR CONTRACT WITH THE SERVICE PROVIDER

 

Using the All Set App, you can find Service Providers that provide Services in your neighborhood. You can communicate with potential Service Providers about providing Services to you by sending a service request to them. When you have located a Service Provider, you may request Services from that Service Provider, agree upon a price, and schedule a time for those Services. You pay the Service Provider through the All Set App. Any contracts for Services are made between you and the Service Provider communicating with each other. A Service Provider's description of its Services and estimated quotes or pricing information through the All Set App do not constitute an offer that can be accepted. Because all contracts regarding Services are made between you and the Service Provider, not All Set, All Set is not responsible for the timeliness or performance of Service Providers. All Set does not guarantee that any Service Providers are available to perform Services for you.

 

You may cancel Services that you contracted for on 24 hours notice without penalty. If you cancel within 24 hours, All Set reserves the right to charge you a cancellation fee up to the amount of the contracted-for service.

 

D.    THE ALL SET DISCOUNT; PAYMENT FOR SERVICES; YOUR NEIGHBORHOOD

 

When enough customers from your neighborhood contract with a Service Provider for Services, All Set will provide a discount to that Service Provider's customers in that neighborhood. This discount may grow as the Service Provider adds new customers in that neighborhood, or it may decrease if the Service Provider loses customers. All Set may also change the rate of discounts, or may redefine the neighborhood. You'll see the actual price (including discounts, if any) for the Services on your receipt. COSTS FOR ONE-TIME SERVICES DO NOT RECEIVE A DISCOUNT.

 

When the Service Provider marks the Services performed for you as having been done, you will be immediately automatically billed for the Services (less any applicable discount), and for any one-time Services. Payment is immediately due on billing and All Set will facilitate payment to the Service Provider using the electronic method of payment specified by you in your All Set Account settings. You acknowledge and agree that your purchases of services and products from a Service Provider are transactions between you and that Service Provider, not All Set.

 

E.    HOW ALL SET USES YOUR INFORMATION:

 

How we use your account information is described in our Privacy Policy. We may also ask you to upload a photograph of yourself. Whether you do so is up to you; you do not need to upload the photo to use All Set. If you do provide a photo of yourself, you are agreeing to allow us to show your photograph to the other customers within your neighborhood (as defined by All Set), and show it to Service Providers that you have requested Services from.

 

F.    HOW SERVICE PROVIDERS MAY USE YOUR INFORMATION:

In order to request and receive Services from a Service Provider, you will be asked to provide information to the Service Provider. This may include your name, address, and information regarding the type and scope of Services you need. Because Service Providers are independent contractors, All Set does not control, and is not responsible for, how the Service Provider uses or protects this information. For example, your Service Provider may use employees or subcontractors to perform the Services, and exchange information with them about the Services you've requested, including your address and hours of availability.

 

G.    INCENTIVE CODES

 

All Set may, in All Set's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services , subject to any additional terms that All Set establishes on a per promotional code basis ("Incentive Codes").

 

You agree that Incentive Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by All Set; (iii) may be disabled or canceled by All Set at any time for any reason without liability to All Set; (iv) may only be used pursuant to the specific terms that All Set establishes for such Incentive Code; (v) are not valid for cash  ; and (vi) may expire prior to your use. All Set reserves the right to withhold or deduct credits or other features or benefits obtained through the use of  Incentive Codes by you or any other user in the event that All Set determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Incentive Code terms or these Terms.

 

H.    FEEDBACK

 

You can participate in the All Set community by posting ratings and reviews of Service Providers who have performed Services for you ("Feedback"). Your access to, use of and submission of Feedback to the All Set app is subject to the following terms. By submitting Feedback, you warrant that the Feedback reflects your good faith opinion about the quality of the Services and/or Service Provider, and that you have actually received Services (or actually requested Services that the Service Provider did not provide other than by your cancellation).

 

In your Feedback, do not include any confidential or proprietary information. Any Feedback you provide will be considered non-confidential and non-proprietary.

 

You are prohibited from posting or transmitting to or from the All Set App any unlawful, threatening, harassing, libelous, defamatory, obscene, or pornographic material (including Service Requests or Feedback), or material that would violate any law. You are prohibited from intentionally making false or misleading statements in any Service Requests or Feedback, or from including in any Service Request or Feedback any material that would infringe any copyright or would violate the personal or proprietary rights of any third party, or contains the confidential information of any third party. All Set may (but is not obligated) to remove any material, Feedback, statements, ratings, or reviews.

 

You irrevocably agree that All Set and its successors or assigns will have the right to use, reproduce, exhibit, display, distribute, edit, re-format, adapt and exploit any Feedback submitted by you in any manner and all media and formats whether now known or hereafter devised, including without limitation the All Set App or All Set websites, throughout the world in perpetuity, without any further permission or approval from you, including the use of Feedback to develop or improve All Set services or offerings. All Set shall have all title and interest in any Feedback, including any concepts or ideas therein, relating to the All Set App or All Set services or offerings. Without limitation of the foregoing, All Set will be entitled to display your ratings and reviews, along with your first name, last initial, and photo (if provided) on the App and All Set website for public viewing and comment. All Set is not obligated in any way to use any of the Feedback or to remove any Feedback from public display once posted. To the fullest extent allowable under any applicable law, you hereby irrevocably waive and/or assign to All Set any right to inspect and/or approve the App or any use of the Feedback and any so-called "moral rights" or "droit moral".

 

ALL SET DISCLAIMS ANY REPRESENTATION OR WARRANTY FOR FEEDBACK PROVIDED BY OTHER USERS, INCLUDING THE ACCURACY OR COMPLETENESS OF ANY FEEDBACK.

 

 

I.     DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITIES

 

YOUR USE OF THE ALL SET APP OR OTHER ALL SET SERVICES, OR SERVICES PROVIDED BY SERVICE PROVIDERS, IS AT YOUR OWN RISK. THE ALL SET APP AND ALL SET SERVICES OPERATE "AS-IS" AND "AS-AVAILABLE," AND ALL SET DISCLAIMS ALL WARRANTIES REGARDING THE SUITABILITY OR QUALITY OF THE ALL SET APP OR OTHER ALL SET SERVICES, OR SERVICES PROVIDED BY SERVICE PROVIDERS, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. ALL SET DOES NOT WARRANT THAT THE ALL SET APP OR OTHER ALL SET SERVICES, OR SERVICE PROVIDED BY SERVICE PROVIDERS, WILL ALWAYS BE AVAILABLE, OR WILL OPERATE ERROR FREE. ALL SET DOES NOT WARRANT THAT INFORMATION PROVIDED BY SERVICES PROVIDERS, OTHER CUSTOMERS (INCLUDING "FEEDBACK" AS DEFINED BELOW), OR BY ALL SET ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY, RELIABLE, OR ARE FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES.

 

ALL SET DOES NOT WARRANT THAT A DISCOUNT WILL BE AVAILABLE FOR ANY SERVICES, AND MAKES NO GUARANTEE OF SAVINGS. THE "ESTIMATED SAVINGS" AMOUNT IS ONLY ALL SET'S GOOD FAITH ESTIMATE OF POTENTIAL SAVINGS, AND IS NOT A GUARANTEE OF SAVINGS.

 

YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE SERVICE PROVIDER, INCLUDING THE INFORMATION PROVIDED BY THE SERVICE PROVIDER THROUGH THE ALL SET APP, IS ACCURATE. ALL SET DOES NOT VERIFY INFORMATION OR DOCUMENTS PROVIDED BY SERVICE PROVIDERS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION. CUSTOMERS ARE RESPONSIBLE FOR CONDUCTING THEIR OWN INVESTIGATION OF SERVICE PROVIDERS TO DETERMINE THEIR SUITABILITY, INCLUDING WHETHER SERVICE PROVIDERS ARE APPROPRIATELY LICENSED AND BONDED (WHERE REQUIRED BY LAW) FOR THE REQUESTED SERVICES, ARE FREE OF SIGNIFICANT STATE-LEVEL CIVIL LEGAL JUDGMENTS, AND HAVE ADEQUATE INSURANCE OR BONDING. ALL WARRANTIES, IF ANY, REGARDING SERVICES PROVIDED BY SERVICES PROVIDERS MUST BE NEGOTIATED WITH THE SERVICE PROVIDER.

 

 

Part 2.   SERVICE PROVIDER TERMS:

 

A.    INDEPENDENT CONTRACTOR:

You acknowledge and agree that in providing Services you are acting as an independent contractor, and have the sole right and obligation to supervise, manage, contract, direct, procure, perform or cause to be performed, all Services to be performed. You acknowledge and agree that neither you nor any of your employees or subcontractors are employees of All Set or of any Customer.

 

You agree that you, and not the All Set Indemnitees (as defined below) or Customers, are and will be responsible for all expenses incurred by you or your contractors in performing Services, including any and all services, materials, equipment and labor used by you, and for withholding taxes imposed on or with respect to amounts payable therefor, in providing the Services and will indemnify, defend and hold harmless All Set, its affiliates, and its and their respective officers, directors, employees, agents, successors and assigns (the "All Set Indemnitees") and Customers from and against all losses, liabilities, fines, damages, liens, and claims, and all related costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) (collectively, "Losses") suffered, incurred or sustained by All Set Indemnitees or Customers or to which All Set Indemnitees or Customers becomes subject, resulting from, arising out of or relating to any claim alleging your failure to pay for such services, materials, equipment or labor.

 

You agree that you, and not All Set Indemnitees or Customers, are and will remain responsible for your employees and agents and will indemnify, defend and hold harmless All Set Indemnitees and Customers from and against all Losses, including compensation, vacation pay, sick leave, retirement benefits, social security benefits, workers' compensation, disability or unemployment insurance benefits or employee benefits of any kind, suffered, incurred or sustained by All Set Indemnitees or Customers or to which All Set Indemnitees or Customers becomes subject, resulting from, arising out of or relating to any claim alleged by you, your employees, or your subcontractors.

 

You agree that you, and not All Set Indemnitees, are and will remain responsible for payment of any Taxes and the filing of any required Tax returns. "Taxes" means: any personal property taxes on property you own or lease; franchise or business taxes; sales, use, or gross receipts taxes related to Services or for tangible property sold to Customers; payroll taxes; unemployment insurance; taxes based on your gross or net income or gross receipts; any other tax, imposition, fee, charges or assessments of any nature levied by any governmental authority regarding you, your employees, contractors, or the Services you provide; and together with any interest, penalty, addition to tax or additional amount imposed by any such governmental authority relating to the assessment, reporting, or collection of Taxes. You agree to be properly registered to collect Taxes, and will collect, withhold, remit and report all Taxes. You will indemnify, defend and hold harmless All Set Indemnitees and Customers from and against all Losses, suffered, incurred or sustained by All Set Indemnitees or Customers or to which All Set Indemnitees or Customers becomes subject to, resulting from, arising out of or relating to suffered, incurred or sustained by All Set Indemnitees or Customers or to which All Set Indemnitees or Customers becomes subject, resulting from, arising out of or relating to any taxes, including interest and penalties, assessed against All Set Indemnitees or Customers that are your obligation under this paragraph.

 

B.    YOUR ALL SET ACCOUNT

 

To provide Services through the All Set App, you need to create an account. Please see All Set's Privacy Policy to learn how All Set handles the information you provide when you sign up for an All Set Account or when you use the All Set App to respond to Services requests, provide Services, or receive payment for Services. The account can be accessed with the user name and password you select. You are responsible for maintaining the security of your user name and password, and you may be responsible for any transactions made through your account if you don't maintain that security.

 

You may cancel your All Set Account at any time by calling (855) 868-2493. All Set reserves the right to suspend, or deactivate your account for any reason or no reason at all, without prior notice, and we may block you from setting up another account after suspension or deactivation. At our sole discretion, we may communicate the reason for such suspension or termination to other Users. Your obligations and our rights under the Terms, and our obligations regarding the privacy of your information, will survive any termination.

 

C.    CONTRACTING WITH CUSTOMERS

 

Any contracts for Services are made between you and the Customer communicating with each other. You warrant that the information you provide to All Set and/or to Customers is true and correct to the best of your knowledge.

 

All Set does not warrant that you will receive any business through the All Set App, that your offers or responses to requests for Services will be acted upon by any Customer, or that any Customer you do business with will continue to do business with you. A request for Services will be deleted if you either fail to acknowledge the request within 24 hours from the time of the request, or fail to accept or decline the request within 7 days from the time of the request.

 

D.    CUSTOMER INFORMATION

 

All Set or Customers may provide you with personal information relating to Customers or potential Customers. You agree to use reasonable precautions to protect the security of that information. You may use this information solely for the purpose of providing Services. You may not rent, sell or otherwise provide this information to others, except on an as-needed basis to your employees or subcontractors solely for the purpose of providing Services. You may not use, or attempt to use, this information in a manner that would violate these Terms or for any purpose not explicitly intended by All Set.

 

E.    PRICING AND PAYMENTS

 

After you open your All Set Account, you will be asked to provide information about the Services you provide. You will also be asked to provide price estimates based on a typical example of Services. (The final price for the Services will be agreed to by you and the Customer.) These price estimates do not reflect the neighborhood discounts offered through All Set (see below). The All Set App will provide an estimated quote to a Customer based on the price estimates you provide.  This quoted price is only an estimate, and the actual non-discounted price for your Services will be agreed upon by you and the Customer, and will include prices for any one-time Services. You are solely responsible for accurately calculating the price of your Service(s), taking into account any costs or Taxes.

 

When enough customers from a particular neighborhood contract with you for Services, those Customers are eligible for a discount paid by All Set based on fees charged for basic Services. (All Set does not provide a discount on one-time Services.) You will receive payment for the full price of the Services, less a commission to All Set (the "All Set Commission"). The All Set Commission will be based upon the non-discounted price. Upon prior notice to you, All Set reserves the right to change the rate of the All Set Commission or the way in which the All Set Commission may be calculated.

 

F.    COMPLIANCE WITH LAW.

 

You warrant that you have all necessary licenses, permits, bonding or insurance required to provide your Services.  You warrant that you will provide Services in compliance with the law.

 

G.    HOW ALL SET USES YOUR INFORMATION

How we use your account information is described in our Privacy Policy.

 

H.    PAYMENTS

 

Payment processing services for Service Providers on All Set are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to this Terms of Service or continuing to operate as a Service Provider on All Set, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of All Set enabling payment processing services through Stripe, you agree to provide All Set accurate and complete information about you and your business, and you authorize All Set to share it and transaction information related to your use of the payment processing services provided by Stripe.

 

In connection with your Services, All Set acts as your limited payment collection agent solely for the purpose of accepting payments from Customers for Services and any products you provide to them. To use All Set, you agree to hereby: (i) appoint All Set as your limited payment collection agent, solely for the purpose of accepting payments for Services and any products you provide to Customers, on your behalf via Stripe; and (ii) agree that payment made by the Customer to All Set shall be considered the same as payment made directly by such Customer to you. You are solely responsible for accurately calculating the price of your Services, including one-time Service(s), taking into account any costs or Taxes, and informing All Set of the total amount to be billed to the Customer.

 

All Set will charge a Customer's credit card once a Service Provider has indicated that he/she has completed the Service by marking the job done within the app.  The Service Provider will be distributed funds for this Service minus the All Set Commission within 14 days from completion of the Service.

 

In the event a Customer's credit card company denies or otherwise disallows a charge, we reserve the right to collect such money from you, including by way of offset against monies owed to you for other Services.

 

I.     NON-SOLICITATION OF FEEDBACK; DISCLAIMER REGARDING FEEDBACK

 

All Set asks Customers to post ratings and reviews of Service Providers who have performed Services for them ("Feedback").  ALL SET DISCLAIMS ANY REPRESENTATION OR WARRANTY FOR FEEDBACK PROVIDED BY OTHER USERS, INCLUDING THE ACCURACY OR COMPLETENESS OF ANY FEEDBACK. If you have a concern about any Feedback, contact All Set's User Success Team at (855) 868-2493.

 

You agree not to exchange anything of value to receive Feedback from a Customer, or to solicit Customers for the purpose of providing Feedback. You agree not to post, and to prohibit your employees and contractors from posting, any Feedback regarding you. If you use employees or subcontractors to perform Services on your behalf, we strongly recommend that you only provide Customer information to reliable employees or subcontractors who will use it solely to provide your services.

 

J.     DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITIES

 

YOUR USE OF THE ALL SET APP OR OTHER ALL SET SERVICES IS AT YOUR OWN RISK. THE ALL SET APP AND ALL SET SERVICES OPERATE "AS-IS" AND "AS-AVAILABLE," AND ALL SET DISCLAIMS ALL WARRANTIES REGARDING THE SUITABILITY OR QUALITY OF THE ALL SET APP, OR OTHER ALL SET SERVICES, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.. ALL SET DOES NOT WARRANT THAT THE ALL SET APP OR OTHER ALL SET SERVICES WILL ALWAYS BE AVAILABLE, OR WILL OPERATE ERROR FREE. ALL SET DOES NOT WARRANT THAT INFORMATION PROVIDED BY CUSTOMERS (INCLUDING FEEDBACK), OR BY ALL SET ARE SUITABLE FOR YOUR NEEDS, ARE COMPLETE, TIMELY, RELIABLE, OR ARE FREE FROM ERRORS, INACCURACIES OR TYPOGRAPHICAL MISTAKES.

 

YOUR USE OF THE ALL SET APP OR SERVICES PROVIDED BY SERVICE PROVIDERS IS AT YOUR OWN RISK. ALL SET DISCLAIMS ALL WARRANTIES REGARDING THE SUITABILITY OR QUALITY OF THE ALL SET APP, OR SERVICES PROVIDED BY SERVICE PROVIDERS, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, IF ANY, REGARDING SERVICES PROVIDED BY SERVICES PROVIDERS MUST BE NEGOTIATED WITH THE SERVICE PROVIDER.

 

YOU SHOULD VERIFY THAT THE INFORMATION PRESENTED BY THE CUSTOMER, INCLUDING INFORMATION PROVIDED BY THE CUSTOMER THROUGH THE ALL SET APP, IS ACCURATE. ALL SET DOES NOT VERIFY INFORMATION OR DOCUMENTS PROVIDED BY CUSTOMERS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, GUARANTEES OR WARRANTIES CONCERNING SUCH INFORMATION.

 

Part 3.   GENERAL TERMS (these apply to both Customers and Service Providers):

 

A.    PROBLEMS WITH SERVICE PROVIDERS.

 

If a Customer and a Service Provider have a problem, they will need to resolve it by themselves. You are welcome to call All Set's User Success Team at (855) 868-2493 and we will try to assist, but ultimately, All Set cannot resolve those problems.

 

B.    ELECTRONIC TRANSACTIONS AUTHORIZATION

 

1.             Consent to Transact Business Electronically. When you use All Set, or contract or communicate with any Service Provider and/or Service Provider through All Set, all of your transactions and communications will be made electronically provided either (1) via e-mail; (2) text or SMS message; or (3) through the All Set App. You will use the login username and password that you created when you created your All Set Account. By agreeing to these Terms, you consent to the use of electronic records to document your agreements and transactions with All Set and with Service Providers and/or Customers, and you are confirming that you are able to receive the Communications pursuant to the hardware and software requirements noted below. Moreover, you also understand and agree that All Set may provide to you in electronic format only (either by email, text or SMS message, or by messages delivered through the All Set App) information relating to your transactions, including but not limited to notices, billing documents, or receipts, ("Communications").

2.             Removing Consent. You may remove your consent to do business through electronic records by both cancelling your All Set Account and stopping your use of the All Set App.

3.             How to Update Your Records. It is your responsibility to provide us with true, accurate and complete e-mail address, contact, and other information related to your All Set Account and All Set App transactions, and to maintain and update promptly any changes in this information. You can update your information (such as your e-mail address or SMS number) through the Profile setting (if you're a Customer), or the Account setting (if you're a Service Provider) in the All Set App. At our option, we may treat your provision of an invalid email address or the subsequent malfunction of a previously valid address as a request to terminate your account.

4.             Hardware and Software Requirements. In order to access, view, sign and retain electronic Communications that we make available to you, you must:

     Have an iPhone 5 or 5c or newer using iOS version 8.4 or higher that will connect to the Internet; OR have an Android phone with version 4.1 (Jelly Bean) or higher that will connect to the Internet;

      Download and install the All Set App (including updates);

      Have access to an e-mail account;

      Be able to view the disclosures on your device; and

      Have sufficient electronic storage capacity on your mobile device's data storage memory.

We will update you if there are any changes to the hardware or software requirements that could impact your receiving or signing such Communications.

5.             Communications in Writing. All Communications in electronic will be considered "in writing." You should print, take and store a screen-shot, a copy of all electronic Communications, this Disclosure and any other document or record that is important to you.

6.             Billing and Payment Documents. All bills for Services will be issued online, and all payments of such bills shall be made online. In the event that your Customer account becomes past due, you may receive a paper overdue notification via standard mail; however, you must pay your past due balance online.

7.             Electronic Transactions Law. You acknowledge and agree that your consent to transact electronic business is being provided in connection with a transaction that is subject to the federal Electronic Signatures in Global and National Commerce Act, and/or your state's UETA law.

8.             Termination Changes. We reserve the right, in our sole discretion, to discontinue the provision of your electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications or transact business electronically. We will provide you with notice of any such termination or change as required by law.

9.             Confirmation. You will receive a confirmation email from us once you consent to transacting business electronically with us. You should contact us if you do not receive this confirmation email within 5 business days.

 

C.    SMS/Text Messaging Terms; Consent to SMS

 

1.             All Set offers text message notifications in connection with the All Set App.  When you set up your All Set account, you have the opportunity to confirm or decline the text message notification option via a check box on the initial sign up screen after agreeing to the All Set Terms of Service, including these SMS Terms.  Frequency and message type will vary.  If you decline to receive text message notifications, you may still use the All Set App. By enrolling in this subscription text program, you give your consent to All Set to use an automatic dialing system to deliver text messages to the cell phone number which you have provided to All Set.

2.             All Set does not have a separate charge for the subscription text message service; however, message and data rates may apply from your mobile carrier.  By providing your consent to receive text message notifications for this program, you approve any such charges from your mobile carrier.  All Set reserves the right to terminate this subscription text message program, in whole or in part, at any time without notice.  If you have any questions or need help, text HELP or call (855) 868-2493.

3.             To stop receiving text messages, text STOP, END, QUIT, CANCEL UNSUBSCRIBE.  By enrolling in this subscription program, you consent that following such a request to unsubscribe, you will receive one final message from All Set confirming that you have been inactivated in our notification system.  Following such confirmation message, no additional text messages will be sent unless you reactivate your subscription.

 

D.            INFORMATION ON THE APP. You understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against All Set with respect thereto.

 

E.    IP RIGHTS/USE OF SITES AND APPS

Except where otherwise indicated, all materials contained in the All Set App, including but not limited to graphics, text, software, audio, video and files, are the copyrighted property of All Set Works, Inc. and are protected by intellectual property laws. The All Set logo, the All Set name are trademarks of All Set Works, Inc. Nothing contained in the Terms or the All Set App should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, icon and domain name displayed on HelloAllSet.com or the All Set App without the written permission of All Set or third party that may own such marks or names displayed on this website.

 

Permission is hereby granted to use, copy and distribute these materials as presented in the App, without alteration, for non-commercial purposes only, or to provide Services through All Set. All copyright and other proprietary notices must appear in all copies in the same manner as the original. All other uses are prohibited, including any solicitation of any other user of All Set for transactions occurring outside of the All Set App or platform.

 

You may not use the All Set App or other All Set Services to advertise or offer for sale any goods or services, or solicit employment or contract work, other than authorized services offered via the All Set App.

 

Except as expressly provided herein, you shall not use any portion of the All Set App, or any other intellectual property of All Set (including but not limited to the All Set trademarks), on any website or application, in the source code of any website or application, or in any other printed or electronic materials. Except as expressly provided herein, you shall not modify, publish, reproduce, republish, create derivative works, copy, upload, post, transmit, distribute, or otherwise use the App or any of the All Set App's content or data. You acknowledge and agree that portions of the All Set Software, including, without limitation, the source code and the specific design and structure of individual modules or programs, constitute or contain trade secrets of All Set and its licensors. Accordingly, you agree not to disassemble, decompile or otherwise reverse engineer any components of the All Set Software provided in object code or any other All Set products or services, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law notwithstanding this prohibition. Retrieval of data or other content from the All Set App, including screenshots or screen scraping, or any systematic retrieval, to create or compile, directly or indirectly, a collection, compilation, database or directory is prohibited.

 

You warrant that your use of the All Set App will comply with all applicable laws, including the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM), the Telephone Consumer Protection Act (TCPA), and any privacy law. You warrant that you will not use the All Set App to request, solicit, request, receive or provide any illegal services.

 

F.    LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ALL SET, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, EXCEED $500.00. IN NO EVENT SHALL ALL SET, CUSTOMERS, SERVICE PROVIDERS, OR ALL SET'S THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, MOBILE DEVICE, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF OUR SERVICES, AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE APP AND THE SERVICE THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF CUSTOMER'S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNIFICATION."

 

G.    CLASS ACTION WAIVER; MANDATORY ARBITRATION

 

YOU AND ALL SET EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.

 

You and All Set agree that all claims, disputes, case, or controversy between you and All Set arising out of or relating to the All Set App or services provided by All Set, including any claim, dispute, case, or controversy arising from or related to the Terms (including the Privacy Policy) or the breach thereof, (collectively, "Dispute" or "Disputes") shall be settled through informal discussions between you and All Set, and if these discussions are not successful in settled the Dispute, then by final and binding arbitration administered by the American Arbitration Association (the "AAA") in accordance with its Commercial Arbitration Rules (the "AAA Rules") or, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"). These rules may be found at www.adr.org. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

Notwithstanding anything to the contrary in the AAA Rules or the AAA Consumer Rules, you and All Set agree that 1) this Terms does not allow any class or collective arbitrations; and 2) the arbitrator shall determine the rights and obligations of the parties according to the substantive and procedural laws of Massachusetts (other than Massachusetts law permitting class or collective litigation). In addition, no class or representative or private attorney general theories of liability or prayers for relief may be maintained in any arbitration held under this agreement. Any question regarding the enforceability or interpretation of this paragraph shall be decided by a court and not the arbitrator.

 

However, you and All Set agree that the following Disputes are not subject to mandatory arbitration: 1) Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. In the event a Dispute is resolved in court rather than through arbitration, you and All Set agree to unconditionally waive any right to trial by jury in any action, proceeding, or counterclaim.

 

H.    INDEMNIFICATION

You agree to defend, indemnify and hold All Set Indemnitees and/or its or their licensors, harmless from all Losses to the fullest extent allowed by law arising from your use of the All Set App in violation of these Terms.

 

I.     JURISDICTION/VENUE

Use of the All Set App, the All Set website, and the interpretation and construction of these Terms, including the Privacy Policy, will be governed and construed in accordance with the laws of the Commonwealth of Massachusetts.

 

J.     SEVERABILITY

If any provision of these Terms is held by the arbitrator or a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.

 

K.    ENTIRE AGREEMENT

The Terms (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the App and supersedes any prior or contemporaneous, conflicting or additional, communications.