YARDPAIR TERMS OF USE
Welcome to YardPair. YardPair.com is an Application (the “Application”) owned and operated by
YardPair, LLC (the “Company” “us” and/or “we”), a limited liability company, in conjunction with the
Company’s cloud-based platform that facilitates pre-existing relationships between Property Owners and
Service Providers (“Application”). The Application, Features and any other services or products we may
offer from time to time (as defined herein below) constitute the “YardPair Application.”
PLEASE READ THESE TERMS OF SERVICE (THIS “AGREEMENT” OR THESE “TERMS”)
CAREFULLY BEFORE USING THE APPLICATION. BY ACCESSING AND/OR USING THE
APPLICATION (OTHER THAN TO READ THESE TERMS FOR THE FIRST TIME), YOU ARE
AGREEING TO COMPLY WITH THESE TERMS, WHICH MAY CHANGE FROM TIME TO
TIME WITHOUT NOTICE TO YOU, AS SET FORTH HEREIN BELOW.
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN THE COMPANY AND
YOU (“YOU” OR “USER”). YOUR CONTINUED USE OF THIS APPLICATION FOLLOWING
ANY CHANGES SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU
DO NOT AGREE TO THESE TERMS AND/OR THE PRIVACY POLICY, THEN YOU MAY
NOT USE THE APPLICATION.
YOU ARE HEREBY, AFTER USAGE OF SAID APPLICATION, ENTERING INTO AND
AGREEING TO BE BOUND BY THESE TERMS.
IF YOU DO NOT AGREE OR WISH TO BE BOUND BY THESE TERMS, DISCONTINUE
YOUR USAGE OF APPLICATION.
1. General and Definitions.
1.1 Nature of the Application, Neutral Platform.
The YardPair Application consists of the Application and other related tools, features, and support
services that Property Owners and Service Providers, may use to connect, schedule, manage either
recurring or one-time services, share photos, approve or reject service requests, schedule, communicate,
and facilitate payments.
YardPair is a neutral technology platform designed solely to facilitate information exchange and
transactions between users. YardPair is not a contractor, subcontractor, home improvement contractor,
construction professional, broker, referral agency, employment agency, staffing company, property
manager, property management company, Service Provider, payment guarantor, insurer, escrow agent,
or party to any service, contractor, or property-access relationship between a Property Owner and a
Service Provider. YardPair does not perform, provide, supervise, direct, control, inspect, warrant,
guarantee, endorse, recommend, vet, or certify any Services, Service Provider, Property Owner,
Property, service request, schedule, price proposal, visit, completed work, or User. YardPair makes no
representations or warranties as to the quality, safety, licensure, regulatory compliance, or suitability ofany Service Provider or its services, or regarding the accuracy or completeness of any information
posted by users. Any agreement, arrangement, understanding, authorization, access permission, price
proposal, service request, schedule, estimate, invoice, receipt, disclosure, or contract relating to Services
is solely between the applicable Property Owner and Service Provider. Each Service Provider is solely
responsible for complying with applicable laws, maintaining required licenses and insurance, and
determining how to deliver its services. YardPair does not employ, recommend, supervise, or control
any Service Provider or Property Owner, to the maximum extent permitted by law, shall not be liable for
any act, omission, injury, or loss arising out of or relating to the conduct, representations, or services of
any user, whether occurring online or offline.
1.2 Definitions.
For the purposes of this Agreement, the following definitions shall apply:
i. “Device” shall include any machine or electronic medium capable of accessing or
viewing the Application.
ii. “Platform Fee” refers to the 1% provider YardPair platform fee, capped at $79/month,
plus Stripe
processing fees.
iii. “Property” refers to a residential property listed by a Property Owner on the YardPair
platform
for the purpose of receiving any property related services.
iv. “Property Owner(s)” refers to individual users who own or manage properties and
use the Application to connect with Service Providers for any property related
services.
v. “Service” refers to any property related service provided by Service Providers to
Property Owners
through the Application.
vi. “Service Provider(s)” refers to individual users or businesses offering property
related services, including but not limited to lawn care, landscaping, and pool
cleaning, or any other property related service through the Application.
vii. “YardPair” refers to the platform, including its website, mobile application, and
related tools,
features, and services provided by YardPair, LLC.
viii. “User” shall mean, in addition to the definition above, and not in derogation
thereof, any individual who accesses the Application, whatsoever, including, but not
limited to, You, and other individuals as context may require.ix. “User-Generated Content” means photos, images, reviews, public comments,
business
information, Property address, service tags, general text entries, messages, responses,
documentation voluntarily uploaded by Users, and any other non-identifying content submitted
through the Application.
x. “Usage rules” means, the Google Play Developer Distribution Agreement (as
amended) and/or any similar rules promulgated by other platform providers (“Usage
Rules”) established by any other third party whose usage rules or similar terms of use
are bound, such as Apple, Inc., and Google, LLC, its subsidiaries and affiliates
(singularly and collectively “Platform”) and such other third-party content providers,
affiliates, licensors and/or vendors (“Vendors”).
1.3 Initial Disclaimer, Special Disclaimers, Purpose.
YOU EXPRESSLY AGREE THAT USE OF THE YARDPAIR SERVICES IS AT YOUR SOLE
RISK. YARDPAIR HAS NO LIABILITY FOR ANY CLAIMS, INJURIES, DEATH, LOSS,
HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO YOUR
INTERACTIONS OR DEALINGS WITH OTHER USERS AND THE ACTS AND/OR
OMISSIONS OF PROPERTY OWNERS, SERVICE PROVIDERS AND/OR OTHER USERS,
WHETHER ONLINE OR OFFLINE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE
MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, YOUR USE AND/OR
PROVISION OF THE APPLICATION IS AT YOUR SOLE AND EXCLUSIVE RISK. THE
APPLICATION, SERVICES AND/OR FEATURES ARE PROVIDED ON AN “AS IS” AND “AS
AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED. YARDPAIR DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY: (1)
WARRANTIES THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS; (2)
WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY,
USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF THE APPLICATION;
(3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS
FOR A PARTICULAR PURPOSE; (4) WARRANTIES FOR SERVICES OR GOODS
RECEIVED THROUGH OR ADVERTISED ON OUR APPLICATION OR ACCESSED
THROUGH THE APPLICATION; (5) WARRANTIES THAT YOUR USE OF THE
APPLICATION WILL BE SECURE OR UNINTERRUPTED; AND (6) WARRANTIES THAT
ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY CONTENT OR SOFTWARE
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS
APPLICATION IS DONE AT YOUR OWN DISCRETION AND RISK. YARDPAIR SHALL
HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
CONTENT OR SOFTWARE.
YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT, INFORMATION AND OTHER
MATERIALS THAT YOU SUBMIT TO THE APPLICATION OR TRANSMIT TO OTHERSAND AGREE THAT YOU RELEASE THE COMPANY FOR, AND WILL NOT HOLD THE
COMPANY RESPONSIBLE OR LIABLE FOR ANY CONTENT AND/OR INFORMATION
THAT YOU ACCESS ON OR WHILE UTILIZING THE APPLICATION.
THE FOREGOING TWO PARAGRAPHS SHALL BE COLLECTIVELY REFERRED TO AS
THE “INITIAL DISCLAIMER.”
1.3.1 PROPERTY ACCESS AND SAFETY DISCLAIMER.
USERS ACKNOWLEDGE THAT SERVICES FACILITATED THROUGH THE YARDPAIR
PLATFORM MAY INVOLVE ACCESS TO PRIVATE PROPERTY, USE OF TOOLS AND
EQUIPMENT, EXPOSURE TO CHEMICALS, INTERACTION WITH PETS, AND OTHER
INHERENT RISKS. YARDPAIR DISCLAIMS ALL LIABILITY FOR PROPERTY DAMAGE,
PERSONAL INJURY, UNSAFE CONDITIONS, ACCESS DISPUTES, PET-RELATED
INCIDENTS, CHEMICAL EXPOSURE, EQUIPMENT MALFUNCTIONS, VEHICLE
DAMAGE, OR DISPUTES OVER ACCESS AUTHORIZATION. PROPERTY OWNERS AND
SERVICE PROVIDERS ASSUME ALL RISKS ASSOCIATED WITH PROPERTY ACCESS
AND SERVICE DELIVERY. PROPERTY OWNERS ARE RESPONSIBLE FOR ENSURING
SAFE ACCESS TO THEIR PROPERTIES, INCLUDING SECURING GATES, MANAGING
PETS, AND ADDRESSING HAZARDOUS CONDITIONS. SERVICE PROVIDERS ARE
RESPONSIBLE FOR ADHERING TO APPLICABLE SAFETY STANDARDS AND USING
APPROPRIATE PRECAUTIONS WHEN DELIVERING SERVICES. USERS AGREE TO
INDEMNIFY AND HOLD YARDPAIR HARMLESS FROM ANY CLAIMS ARISING FROM
PROPERTY ACCESS OR SERVICE-RELATED INCIDENTS.
1.3.2 CONTRACTOR RELATIONSHIP DISCLAIMER.
YARDPAIR IS NOT A PARTY TO ANY SERVICE AGREEMENT BETWEEN PROPERTY
OWNERS AND SERVICE PROVIDERS. THESE TERMS DO NOT CONSTITUTE A
CONTRACTOR AGREEMENT AND DO NOT REPLACE ANY LEGALLY REQUIRED
CONTRACTOR AGREEMENTS, ESTIMATES, CONTRACTS, OR CONSUMER
DISCLOSURES REQUIRED UNDER APPLICABLE HOME IMPROVEMENT CONTRACTOR
LAWS OR SIMILAR STATE REGULATIONS. SERVICE PROVIDERS ARE SOLELY
RESPONSIBLE FOR ENSURING COMPLIANCE WITH ALL LICENSING, INSURANCE,
TAX, AND CONTRACTOR LAW REQUIREMENTS. YARDPAIR DISCLAIMS ANY LIABILITY
FOR SERVICE PROVIDERS’ FAILURE TO COMPLY WITH SUCH LAWS OR
REGULATIONS.
1.3.3 Purpose
The Application and its content, and/or accounts and all functionality related incidentally and/or indirectly
thereto, (including those Application services for which we may specifically provide a separate customer
agreement) and any derivative works or enhancements of the same, including, but not limited to, all text,
illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information,
content, materials, products, services, URLs, technology, documentation, and interactive features(collectively, the “Features”) and all intellectual property rights to the same are owned by the Company.
Additionally, all trademarks, service marks, trade names and trade dress that may appear on the
Application are owned by us, our licensors, or both. Except for the limited use rights granted to you in
these Terms, you shall not acquire any right, title or interest in the Application or any Features. Any rights
not expressly granted in these Terms are expressly reserved.
The Application provided and some or all servers that make it available may reside in the United States
only. The laws of other countries may differ regarding the access and use of some services. The
Company makes no representations regarding the legality of the Application in any other country and it is
your responsibility to ensure that your use complies with all applicable laws.
You may not access the Application if you are a direct competitor of the Company, except with the
Company’s prior written consent. In addition, you may not access the Application for the purposes of
monitoring its availability, performance, functionality, or for any other benchmarking or competitive
purpose.
You agree that at all times while using the Application that you will comply with all Applicable Federal,
State, international, and local laws including, without limitation, copyright law. Except as expressly
permitted in These Terms, You may not use, reproduce, distribute, create derivative works based upon,
publicly display, publicly perform, publish, transmit, or otherwise exploit the Application for any purpose,
whatsoever, without obtaining prior written consent from the Company, any third party, including other
Vendors, or other Users in the case of User- Generated Content, as set forth hereinafter, who is the
respective owner of such content. You hereby expressly acknowledge that you do not acquire any
ownership rights or interests of any nature by way of any usage of the Application, and that the Company
may prevent your access to the Application without any notice to You whatsoever, and thereby terminate
your rights to continued usage of the Application.
1.4 Restrictions on Use.
The Application is for the primary purpose of connecting Property Owners and Service Providers through
the YardPair platform unless otherwise stated herein. Illegal and/or unauthorized uses of the Application
may be investigated, and appropriate legal action will be taken, including without limitation, civil actions,
criminal prosecution, and injunctive remedies. Use of the Application and/or Features may be revoked
at any time, as determined in the Company’s sole discretion.
Any unauthorized use of the Application or publication of its contents, or other distribution or public
exhibition of the materials provided on the Application, in whole or in part, is strictly prohibited as set
forth herein.
You shall use the Application in strict accordance with These Terms, and the Terms of any other related
agreements published by YardPair, and shall not do any of the following, in whole or in part, or in any
way engage in any behavior or actions similar in intent to those which follow:i. Remove, alter, obscure, cover, or distort any proprietary notice, including notices of
copyright, trademark, or the like, on the Application whether said notice is of the Company, its
affiliates, a Platform, Vendors, other Users, or any other party;
ii. Circumvent, disable or otherwise interfere with security-related features of the Application
including, without limitation, any features that prevent or restrict use or copying of any content
or enforce limitations on the use of the Application; iii. Use an automatic device (such as a
robot or spider) or manual process to copy or scrape the Application for any purpose without
the express written permission of the Company. Notwithstanding the foregoing, the Company
grants public search engine operators permission to use automatic devices (such as robots or
spiders) to copy the Application for the sole purpose of creating (and only to the extent
necessary to create) to include the Application only in search results that are available to the
public. The Company reserves the right to revoke this permission (generally or specifically) at
any time without notice;
iv. Collect or harvest any personally identifiable information from the Application besides that
information expressly identified in the Privacy Policy;
v. Attempt to or interfere with the proper working of the Application or impair, purposely
overburden, or disable the same;
vi. Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt
the whole, or any portion, of the Application;
vii. Hack the Application, attempt to introduce and/or elicit a DDOS (denial of service),
introduce any malware, spam or any code or content with a malicious intent to the
Application or the YardPair digital ecosystem;
viii. Use network-monitoring software to determine architecture of or extract usage data
from the Application;
ix. Encourage, or engage in, conduct, or otherwise use the Application in a way that violates any
local, state, Federal, or international law, either civil or criminal, or impersonate another user,
person, or entity;
x. Engage in any conduct that restricts or inhibits any other User from using or enjoying the
Application;
xi. Use the Application to encourage, or engage in, conduct taking place offline or on other
third-party Applications that violates any local, state, Federal, or international law, either civil
or criminal;xii. Fail to remove, eliminate, resolve and/or take down any content allegedly infringing of a
third-party’s rights of any kind; xiii. Use the Application for any purpose for which it is not
designed or intended;
xiv. Make the Application available over a network or other environment permitting access or use
by multiple Devices or Users at the same time, unless otherwise permitted, or required to be
permitted, by a Platform;
xv. Use the Application for creating a product, service, or software that is directly or indirectly
competitive with, or in any way a substitute for any service, product, or software, in whole or
in part, of the Company, whether or not such functionality is incorporated into the Application
or not;
xvi. Use the Application to send automated queries to any Application, or to send any unsolicited
spam or email; and/or
xvii. Use any proprietary information or interfaces of the Company or a Platform, or other
intellectual property of the Company or a Platform in the design, development, manufacture,
licensing, or distribution of any Application, accessories, devices, or the like for use with or in
substitution of the Application.
xviii. Misrepresent qualifications, licenses, insurance, ability to perform services, including,
without limitation, any misrepresentation, or failure to comply with local regulations by
Service Providers regarding their ability to deliver property related services in compliance
with applicable laws and safety standards;
xix. Solicit or induce other Users to transact outside of the YardPair platform, including, without
limitation, negotiating payments or scheduling services outside the Application, in violation of
the Company’s fee structure and policies;
xx. Circumvent YardPair’s payment processing system, including, without limitation, negotiating
payments outside the platform or using unauthorized payment methods;
xxi. Share, misuse, or exploit confidential information or personal data obtained through the
Application, including, without limitation, customer contact details or property information,
for purposes outside the scope of the agreed service;
xxii. Post or transmit content that is defamatory, obscene, harassing, or otherwise
inappropriate, including, without limitation, content that could harm the reputation of YardPair or
its Users; or
xxiii. Engage in unsafe practices during service delivery, including, without limitation, using
hazardous chemicals without proper precautions or failing to adhere to safety standards for
equipment and tools.You agree to cooperate fully with the Company to investigate any suspected or actual activity that is in
breach of These Terms.
1.5 Term.
These Terms and rights hereby established by These Terms shall be effective until terminated. The
Company may prevent your access to the Application without any notice to You whatsoever and thereby
terminate your rights to continued usage of the Application.
i. 1.6 Fees and Payments.
Currency. All fees, deductible amounts and other payments referenced on, or charged
through, the YardPair Service are listed and payable in United States Dollars unless
otherwise expressly indicated to the contrary.
ii. Fees for Service Providers. Service Providers may agree to offer Services through the
Application to users by establishing an Account as described herein. Fees are established by
the Service Provider via the Application and must be agreed to by the Property Owner prior
to the engagement of Services, either on a recurring basis or on a one-time engagement
basis. YardPair’s role is to facilitate the transaction only.
iii. Service Fees. We may charge service fees for some aspects of the YardPair Service, which
may change from time to time and shall be reflected in the Application. If you are a Service
Provider, except where otherwise specified via the YardPair Service, our fee is as described
on the platform. YardPair reserves the right to modify, amend or increase its Service Fees,
without further notice.
iv. Taxes. Except for taxes on YardPair’s income and gross receipts or where YardPair is
otherwise required to collect taxes, you acknowledge that you are solely responsible to pay
any applicable taxes that arise as a result of your purchase, provision, or use Services via
the YardPair Application. This includes, without limitation, any sales tax or income tax on
fees paid or received by you through the YardPair Service that may be required by your
jurisdiction, including but not limited to state and local sales taxes. In certain jurisdictions,
YardPair may be required by law to collect and/or report tax information about you. You
agree to provide us with documentation that we determine to be necessary for us to fulfill
those obligations and, if you fail to do so, that YardPair may suspend or deactivate your
account until such documentation is provided.
v. Payment Processing. Payment processing services may be provided by one or more
thirdparty payment processors. YardPair reserves the right to switch payment processing
vendors or use alternate or backup vendors in its sole discretion. Payment processing
provided by Stripe is subject to the Stripe Services Agreement (available at
https://stripe.com/legal), and, if you are receiving payments via the YardPair Application,
the Stripe Connected Account Agreement (available at https://stripe.com/connect-
account/legal) (collectively, the “Stripe Terms”). In order to use the YardPair Service to
receive payment, you may be required to set up a Stripe account and accept the StripeTerms. You authorize YardPair to obtain all necessary access to, and perform all necessary
activity on (including requesting refunds where appropriate), your Stripe Connected
Account to facilitate payment related to the Services you purchase or provide. You agree to
provide accurate and complete information about you and your Service Provider, and
authorize YardPair to share it and transaction information with Stripe for the purposes of
facilitating the payment processing services provided by Stripe.
vi. Billing and Payments. Services may be offered to Property Owners on a recurring or on a
one-time basis. By maintaining a payment method and approving a Service, the Property
Owner authorizes YardPair and its third party payment processor to charge the Property
Owner and the Property Owner acknowledges that they are responsible for all charges
associated with the applicable account. Recurring Services are scheduled in the
Application; it is incumbent on all Users to maintain and update the schedule for Services.
Payments for recurring Services are billed automatically according to the approved service
plan in the Application. One-time Service requests are billed after the Service Provider marks
the Service complete in the Application and the Property Owner approves completion/payment
in the Application. Any other charges, such as price increases, extra charges, etc., must be
approved by the Property Owner in the Application prior to billing. Recurring Services may be
canceled at any time through the Application. Except as required by applicable law, all fees are
non-refundable.
vii. FAILED PAYMENTS; CHARGEBACK; NONPAYMENT
If a Property Owner’s payment method is declined, unavailable, expired, invalid, charged back,
reversed, disputed, or otherwise fails, the Property Owner remains responsible for the unpaid
amount unless prohibited by law. YardPair does not guarantee that any charge will be
authorized, settled, or free from reversal, dispute, chargeback, fraud, processor hold, account
limitation, payment network issue, or other payment failure. Service Providers acknowledge
that payouts may be delayed, withheld, reversed, adjusted, offset, or unavailable due to failed
charges, chargebacks, refunds, processor requirements, suspected fraud, compliance review,
account holds, negative balances, tax reporting issues, incomplete onboarding, payment
processor rules, or applicable law.
If YardPair or the payment processor incurs a chargeback, reversal, refund, fee, fine, penalty,
negative balance, or other loss related to a User’s transaction, YardPair may, to the fullest extent
permitted by law and payment processor rules, recover, offset, withhold, reverse, or deduct the
amount from amounts otherwise payable to that User, require reimbursement, suspend the
User’s account, or pursue other remedies. Users agree to cooperate with reasonable requests for
information relating to payment disputes, failed payments, fraud reviews, chargebacks, refunds,
and processor inquiries.
viii. Non-Circumvention of Payments. By using the YardPair Service, you agree that
all payments for Yard and Pool Care Services facilitated through the YardPair platform must
be made exclusively through the YardPair Service. You further agree not to circumvent theYardPair platform by soliciting or accepting payments for Services outside of the platform,
whether directly or indirectly. This includes, but is not limited to, accepting cash, checks, or
other forms of payment outside the YardPair Service for Services initially arranged through
the platform. Any attempt to circumvent the YardPair Service may result in the suspension
or termination of your account and/or legal action. You acknowledge that this provision is
essential to maintaining the integrity of the YardPair Application and agree to indemnify
and hold YardPair harmless for any damages resulting from a breach of this provision.
2. Acknowledgement.
You hereby acknowledge that These Terms are formed between You and the Company only.
3. User Registration.
Through the Application, You may be able to become a member of a certain class of user that may allow
access to and/or use some features or functionality of the Application that may otherwise be restricted,
including, but not limited to the Features. In order for Your access to said Features or functionality to be
accessible, you must first register for an account, or “Account” as hereinafter defined.
To register an Account, you must provide true, accurate, and complete information, and promptly update
such information if it changes. Registration information includes, without limitation, your user type,
email, legal name, and phone number (“Universal Credentials”). YardPair may, in its discretion, require
additional verification of identity or business information prior to granting or maintaining access to
certain portions of the Application.
IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) THEN YOU ARE NOT PERMITTED TO
REGISTER AS A USER, FOR AN ACCOUNT, OR OTHERWISE SUBMIT PERSONAL
INFORMATION TO THIS APPLICATION OR TO THE COMPANY. You hereby certify and hold the
Company harmless that your participation in and access of this Application, or in any way your usage of
the Company’s services, that you are eighteen (18) years of age, or older, as aforesaid. Furthermore, you
represent and warrant that you have the right, authority and capacity to enter into, and that you are not a
person barred from receiving services under the laws of the United States or other Applicable jurisdiction.
You further agree to provide true, accurate, current and complete information about yourself on the
Services registration form. If the Company suspects that any information provided is untrue, inaccurate,
outdated or incomplete, the Company has the right to refuse any and all current or future use of the
Application (or any purchase thereof), including purchase of any of our services.
3.1 User Account(s).
Through the Features, you may be able to become a member of a certain class of user, either a
Property Owner and/or Service Provider, that may be accessible to and/or for use by registered
users. Such a personalized registered account shall be referred to as a “Account.” Certain of the
foregoing may also be subject to Feature-specific agreement(s).
You are solely responsible for maintaining the confidentiality and security of your Account credentials and
for all activity conducted under your Account, whether authorized by you or not. You agree toimmediately notify YardPair in writing at support@yardpair.com of any suspected or actual breach of
security, unauthorized use of your Account, or compromise of login credentials. YardPair is not liable for
any loss or damage arising from your failure to safeguard your Account.
By creating an Account, you authorize YardPair to send you administrative and transactional notifications,
including alerts regarding Account activity, visit completions, payment confirmations, system updates, or
other communications related to your use of the Application.
Users may request deletion of their YardPair account and associated data through the in-app account
deletion flow or by contacting YardPair support at support@yardpair.com. Upon receiving a verifiable
deletion request, YardPair will delete the User’s account and associated personal information from its
active systems, except where retention is required for legal, financial, or compliance purposes. Users will
be informed of any data retained and the duration of such retention. YardPair will notify third-party
service providers, including payment processors, to delete User data unless retention is required by law.
3.2 Future and/or Deletion of Features.
The Company reserves the right to add new features or modify, suspend, or remove existing features at
any time, with or without notice.
3.3. Property Owner Account(s).
Through the Application, a User may register as a Property Owner to access and use certain features of
the YardPair Service for the purpose of viewing, managing, scheduling, and paying for property related
Services offered by Service Providers through the Application
i. Property Owner Access. Once the Property owner has established their Universal Credentials,
the Property Owner must provide the initial property address. Through the Account, Property
Owner may add and manage properties, invite Service Providers, review and approve pricing
proposals, view visit schedules and histories, communicate with Service Providers, and manage
payment methods.
Each Service Provider determines, in its sole discretion, how to provide Services and whether to
accept a pairing or service with the Property Owner. It is incumbent on the Property owner to
come to terms with each Service Provider and approve each service, either recurring or one-time
projects. Property Owner acknowledges and agrees that YardPair does not employ, recommend, or
endorse any Service Provider or service and, to the maximum extent permitted by applicable law,
shall not be responsible or liable for the performance, quality, safety, or conduct of any Service
Provider, or their personnel, whether online or offline. Property Owner should exercise caution
and use independent judgment before selecting a Service Provider, or otherwise interacting with
users through the YardPair Application.
ii. Property Owners Representations and Warranties. By registering a Property Owner Account,
each Property Owner represents and warrants, in addition to all other representations and
warranties set forth in these Terms, that: (a) the Property Owner will not name, identify, orotherwise target any individual in a review, directly or indirectly, on any website, forum, or social
media platform except as expressly permitted by applicable law and these Terms; (b) if the
Property Owner creates an Account, or otherwise uses the Application on behalf of another
individual, including a family member, ward, or client, the Property Owner represents and
warrants that they have lawful authority to act for that individual, to provide the information
submitted, and to consent on that individual’s behalf to the collection, use, disclosure, and
processing of such information in accordance with these Terms and the YardPair Privacy Policy;
(c) the Property owner represent and warrants that they have obtained all necessary consents,
authorizations, or legal permissions and the provision of the Services will not conflict with local
property association rules, local laws and regulations; and (d) the Property Owner will not submit
or upload any content that they are not legally authorized to disclose, and will indemnify and hold
harmless YardPair from any claims, damages, or liabilities arising from a breach of this
representation
iii. Property Owner Properties and Payment Methods. Property Owners may add and manage up
to three (3) Properties in the Application. Each Property may have one or more active Service
Provider pairings, each scoped to specific service types (e.g., lawn care, pool service, irrigation).
Property Owner may store one or more payment methods at the account level, with the ability to
designate a default payment method applicable across all Properties or to assign a specific
payment method to an individual Property. All payment details are stored and processed through a
third-party payment processor; YardPair does not store raw card numbers.
No payment is charged to a Property Owner at the time of pricing approval. For further
information on the payment approval process, see Section 1.6(vi).
iv. Third-Party Payment Processing. The processing of payments made on the Application is
handled by a third-party, including, but not limited to Stripe, Inc. Said third-party payment
processor may have its own terms of service or other agreements with which you must agree
before making payment online and/or may be agreeing to tacitly by making and/or receiving
payment online. By accepting these Terms, you specifically agree that the processing of
payments is handled by a third-party other than YardPair and is subject to the
Indemnifications and Limitation of Liability reflected below.
3.4 Service Provider Account(s).
Through the Application, a User may register as a Service Provider to access and use certain features of
the YardPair Service for the purpose of creating a business profile, connecting with Property Owners,
managing recurring service schedules, completing visits, and receiving payouts for yard care, pool care,
and related Services performed at Properties.
i. Service Provider Access. Once the Service Provider has established their Universal Credentials,
the Service Provider may, through their Account, create and manage a business profile, select
service tags reflecting their offerings, accept or initiate pairings with Property Owners at specific
Properties, propose and manage per-visit pricing, manage recurring schedules, mark visits
complete, and receive payouts through the Application. Service Providers on YardPair areindependent users and are not under the direction or control of YardPair. Each Service Provider
determines, in its sole discretion, whether to accept a pairing or provide Services to any Property
Owner.
Service Providers acknowledge and agree that YardPair does not employ, recommend, verify, or
endorse Service Providers and, to the maximum extent permitted by applicable law, shall not be
responsible or liable for the conduct, performance, or decisions of Property Owners, or other
Users, whether online or offline. Each Service Provider is solely responsible for all decisions
affecting its operations, personnel, and service delivery. YardPair may remove, restrict, suspend,
or limit any service category, service tag, listing, pairing, request, or User if YardPair believes, in
its sole discretion, that the activity may create legal, safety, compliance, payment, reputational, or
operational risk.
Service Providers are responsible for proposing pricing through the Application for each Property,
pairing, service scope, recurring schedule, one-off request, or other chargeable item. Property
Owners must approve the applicable pricing through the Application before Services become
billable through YardPair. Any additional charges or price increases must be approved by the
Property Owner before they become effective.
The Application may allow Property Owners to request additional or non-recurring Services tied
to a Property and an active pairing. A one-off service request may include descriptions, photos,
messages, requested timing, and other information submitted by the Property Owner. A Service
Provider may respond, ask clarifying questions, submit or revise a pricing proposal, and identify
any limitations, assumptions, exclusions, materials, or conditions applicable to the one-off work.
No one-off Service is billable through YardPair unless the Property Owner approves the
applicable pricing through the Application.
a. Service Provider Access Suspension or Termination. YardPair may suspend or terminate
a Service Provider’s access to the YardPair Services immediately, with or without notice,
if:
i. the Service Provider is found to have repeatedly marked visits as complete without
delivering the corresponding Services;
ii. the Service Provider’s license, certification, or other required authorization expires,
lapses, is suspended, or is revoked;
iii. the Service Provider becomes the subject of any substantiated investigation, finding,
or complaint involving fraud, property damage, theft, or other conduct harmful to
Property Owners or their properties; iv. YardPair reasonably believes the Service
Provider presents a risk to Property Owners, or other Users of the YardPair Services;
v. YardPair reasonably believes the Service Provider is violating, or has violated, any
applicable law, including laws governing consumer protection, data privacy, or
payment processing; or
vi. (d) the Service Provider submits false, misleading, or incomplete business, identity, or
compliance information to the YardPair Services.ii. Service Provider Representations and Warranties. By registering a Service Provider Account,
each Service Provider represents and warrants, in addition to all other representations and
warranties contained in these Terms, that, at the time of registration and throughout the duration of
its Account: (a) the individual establishing or managing the Account has full legal authority to act
for and bind the Service Provider pursuant to applicable organizational documents or governing
law; (b) the Service Provider represents and warrants that it will maintain all required licenses,
registrations, certifications, authorizations, permits, insurance, and bonds; (c) the Service Provider
maintains, and shall continue to maintain, all required insurance coverage, including general
liability and professional liability, in amounts consistent with industry standards and state
requirements; (d) any personal information received from Property Owners through the
Application shall be collected, stored, and used in compliance with all applicable privacy and
dataprotection laws; (e) the Service Provider will access, process, and store any personal
information obtained through the YardPair Service only for legitimate operational purposes
related to evaluating or providing Services, and will not disclose such information except as
authorized or required by law; (f) the Service Provider will abide by any Service Provider
Guidelines it posts on the Application and by any additional community or conduct standards
published by YardPair; (g) Service Provider represents and warrants that it will collect, report, and
remit any required taxes; and Service Provider shall be solely responsible for the payment of all
taxes, fees, or assessments levied on its operations, Accounts, or transactions conducted through
the YardPair Service, and shall indemnify YardPair for any liability arising from the Service
Provider’s failure to do so; and (h) the Service Provider shall mark visits as complete only after
the corresponding Services have actually been performed at the applicable Property.
iii. Service Provider Payout Setup. Service Providers must complete payout onboarding through
Stripe Connect prior to receiving payments through the Application. Service Providers will supply
required identity and banking information directly to Stripe. YardPair stores only Stripe account
references and payout status. YardPair applies a platform fee to each completed visit transaction,
as described in the Fees and Payments section of these Terms.
iii. Third-Party Payment Processing. The processing of payments made on the Application is
handled by a third-party, including, but not limited to Stripe, Inc. Said third-party payment
processor may have its own terms of service or other agreements with which you must agree
before making payment online and/or may be agreeing to tacitly by making and/or receiving
payment online. By accepting these Terms, you specifically agree that the processing of
payments is handled by a third-party other than YardPair and is subject to the
Indemnifications and Limitation of Liability reflected below.
iv. Service Provider Service Tags and Pairing Conflicts. When creating or editing a pairing with
a
Property Owner, the Service Provider selects which Services they will perform at the applicable
Property. YardPair will check whether an existing pairing already covers the same Services at that
Property. If there is an overlap, YardPair may block or warn the Service Provider and require
adjustment of service tags to avoid duplicate responsibility for the same service at the same
Property.v. TO THE FULLEST EXTENT PERMITTED BY LAW, SERVICE PROVIDER SHALL
DEFEND, INDEMNIFY AND HOLD YARDPAIR (ITS OFFICERS, AGENTS,
AFFILIATES, EMPLOYEES, SUBSIDIARIES, SUCCESSORS AND PREDECESSORS)
HARMLESS FROM ANY AND ALL CLAIMS BY THIRD PARTIES, PROPERTY
OWNERS, OR USERS, AND ALL CLAIMS, SUITS, DEMANDS, SUBROGATION
CLAIMS BY SERVICE PROVIDER’S INSURERS, CAUSES OF ACTION,
CONTROVERSY, LIABILITIES, FINES, REGULATORY ACTIONS, SEIZURES OF
PRODUCTS, LOSSES, COSTS, EXPENSES (INCLUDING, BUT NOT LIMITED TO
ATTORNEYS’ FEES, EXPERT WITNESS EXPENSES AND LITIGATION EXPENSES)
(“CLAIM”), ARISING FROM OR IN CONNECTION WITH ANY CLAIM ASSERTED
AGAINST YARDPAIR INCLUDING WITHOUT LIMITATION FOR ANY DAMAGE,
PROPERTY DAMAGES, CLAIMS OF NEGLIGENCE, PRODUCT DEFECTS OR NON-
CONFORMITIES, ENVIRONMENTAL LIABILITY, INJURY, PERSONAL INJURY,
DEATH, LOSS, PROPERTY DAMAGE, DIMINUTION IN VALUE, DELAY OR ANY
OTHER CLAIM, WHETHER IN TORT, STRICT TORT, WARRANTY, CONTRACT,
BY STATUTE OR OTHERWISE, RELATING TO THESE TERMS OR THE BREACH
THEREOF, THE BUSINESS RELATIONSHIP BETWEEN THE PARTIES, THE
SERVICES PROVIDED HEREUNDER, ANY PROPERTY DAMAGE, INJURY, ILLNESS,
OR DEATH OCCURRING AT OR CONNECTED TO A SERVICE PROVIDER LOCATION; OR
ANY MISUSE, DISCLOSURE, OR OTHERWISE. UPON WRITTEN DEMAND FOR
INDEMNIFICATION HEREUNDER, SERVICE PROVIDER WILL, WITHIN THIRTY
(30) DAYS OF SAID DEMAND, SELECT COUNSEL ACCEPTABLE TO YARDPAIR
AND SHALL DEFEND, INDEMNIFY AND HOLD YARDPAIR HARMLESS FROM AND
AGAINST ANY CLAIMS PURSUANT TO THIS SECTION.
3.5 Schedule of Services, Property Visits.
The YardPair Service may allow Property Owners and Service Providers to schedule, modify, or cancel
service visits through the Application. YardPair acts solely as a technological intermediary to facilitate
such scheduling and does not own, operate, or manage any Service Provider or their operations. YardPair
is not responsible for confirming the accuracy of scheduling details, availability, or the conduct of any
User during an in-person service visit. Each Service Provider is solely responsible for maintaining
accurate scheduling information and for complying with all applicable laws and regulations during any
visit to a Property Owner’s Property. Property Owners and their guests participate in Service Provider
visits at their own risk, and YardPair disclaims any liability arising from or related to such visits.
4. Intellectual Property Rights.
4.1 Rights to the Application.
You acknowledge and agree that the Application, and all copyrights, patents, trademarks, trade secrets, ,
and other intellectual property rights associated therewith are, and shall remain, the property of the
Company, and that the content, and all functionality related incidentally and/or indirectly thereto, and any
derivative works or enhancements of the same, including, but not limited to, all text, illustrations, files,
images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials,products, services, URLs, technology, documentation, and interactive features shall remain the property
of the Company, its affiliates, a Platform, Vendors, or other Users in the case of User Generated Content,
as the case may be. Except for the limited use rights granted to You in this Agreement, you shall not
acquire any right, title, or interest in the Application, including intellectual property rights, and that no
such rights, title, or interest shall be derived by you in or to the Application by implication, estoppel, or
any other legal theory. Any rights not specifically set forth herein are expressly reserved by the Company.
4.2 Third-Party Software.
The Application may utilize or include third-party software that is subject to open source and third-party
license terms (“Third-Party Software”) and/or other functionalities, including APIs such as, but not
limited to, Stripe, Google Maps, Google Places, Twilio, Google Cloud Platform, OAuth, and Google
Analytics. You acknowledge and agree that Your right to use such Third-Party Software as part of the
Application is subject to, and governed by, the terms and conditions of the open source or third-party
license Applicable to such Third-Party Software, including, without limitation, any applicable
acknowledgments, license terms and disclaimers contained therein. In the event of a conflict between
These Terms and the terms of such open source or third-party licenses, the terms of the open source or
third-party licenses shall control with regard to Your use of the relevant Third-Party Software, but in no
way shall be applicable to the balance of the Application not so thereby governed. In no event, shall the
Application or components thereof be deemed to be “open source” or “publicly available” software as
those terms may be in common usage in similar scenarios.
4.3 Third-Party Payment Processing.
The processing of payments made on the Application may be handled by a third-party. Said third-party
payment processor may have its own terms of service or other agreements with which you must agree
before making payment online and/or may be agreeing to tacitly by making and/or receiving payment
online. By accepting These Terms, you specifically agree that the processing of payments is handled by a
third-party other than the Company and is subject to the Indemnifications and Limitation of Liability
reflected below.
4.4 Company’s Marks.
You are not authorized to use the Company trademarks in any advertising, publicity or in any other
commercial manner without the prior written consent of Company, which may be withheld for any or no
reason.
4.5 Infringement Acknowledgement.
You and Company acknowledge and agree that, in the event of a third-party claim that the Application or
Your possession or use of the Application infringes any third-party’s intellectual property and/or any other
rights, You (and not Company nor a Platform) will be responsible for the investigation, defense,
settlement, and/or discharge of any such claim of intellectual property infringement. A Platform shall
expressly be waived hereby of any and all such liability. You will, however, promptly notify the Company
in writing of such a claim.
5. Services and Account.The Company makes publicly accessible the Application provided, developed, operated, and/or
maintained by the Company, and accessible via designated platform, to which you are being granted
access under These Terms. You may be required to establish an account, for which access may or may not
be granted via ancillary online or offline products and services as specifically related to the Application.
Any access to said account or other services provided on any device other than the device for which the
Application is intended, including, but not limited to the Application, shall not in any way be guaranteed.
No rights shall be given to You in furtherance of These Terms to such ancillary products or services, and
the terms of These Terms shall be the full extent of the Agreement between You and the Company. Such
ancillary products and services are solely for Your convenience, and You do not gain any additional
rights, or remedies thereby. The Company may, in its sole discretion, and without notice whatsoever,
discontinue, alter, or change in whole or in part said ancillary services or products.
6. Restriction on Transfer.
You may not rent, lease, lend, sublicense or transfer the Application, Account, These Terms, or any of the
rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void
and of no force or effect, and the Company expressly reserves all rights that it may have hereunder or
otherwise.
7. Use of Information.
7.1 Consent to Use Information.
You hereby authorize and consent to the collection, storage and use, by the Company and its affiliates,
partners and agents, including a Platform and the Company’s Vendors, of any information and data
related to or derived from Your use of the Application, and any information or data that You provide to
Company and its affiliates, partners and licensors, including a Platform and the Company’s Vendors
(“Information”). Without limiting the generality of the foregoing, the Information shall include, without
limitation, the following types of information and data, in an aggregate (not user level) form: activity on
the Application, engagement with particular Features, search requests, search results, patterns, data and
suggestions based on user actions. The Company will also be free to use any ideas, concepts, know-how
or techniques contained in the Information for any purpose whatsoever including, without limitation,
developing, manufacturing and marketing products and services incorporating such Information. The
Company may use your personal information to contact you directly with prospective transactions if the
Company believes it may be in possession of information about prospective deals that may be of interest
to you.
7.2 Privacy Policy.
You represent that You shall comply with the terms and conditions of the Company Privacy Policy, which
sets forth and describes the practices of Company with respect to the collection, use and disclosure of
Information in connection with Your use of the Application. Company reserves the right to change the
provisions of its Privacy Policy at any time and from time to time at its sole discretion. Company will
post any changes to its Privacy Policy or make them available via this Application. Your use of the
Application following the posting of such changes to the Privacy Policy will constitute Your acceptance
of any such changes.8. User-Generated Content.
The Company may now, or in the future, permit registered Users to post, upload, transmit through, or
otherwise make available on the Application (collectively, “Submit”) User-Generated Content. Subject to
the rights and license You grant herein, You retain all right, title and interest in your User-Generated
Content. By Submitting User-Generated Content to the Company, You grant to the Company a
nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual,
irrevocable license of the maximum term permitted by law to copy, access, prepare derivative
works of, remove, retain, process, analyze, display, upload, perform, distribute, store, modify and
otherwise use without limitation the User-Generated Content in any manner as within the
Company’s, including its successors’ in interest, sole discretion. This license applies only to
UserGenerated Content as defined herein. The Company cannot guarantee any confidentiality with
respect to
User-Generated Content and the Company specifically reserves the express right to monitor
UserGenerated Content as it sees fit, even where such information has not been made public and is under
a
registered account. The Company reserves the right to utilize User Generated Content for promotional or
other purposes as reflected in our Privacy Policy. Otherwise, it is solely Your responsibility to monitor
and protect any intellectual property rights that you may have in Your User-Generated Content, and we do
not accept any responsibility for same. You agree that the Company has no such responsibility. You are
responsible to comply with all terms and conditions applicable to Your User-Generated Content.
You shall not submit any User-Generated Content that is not Yours and is protected by copyright,
trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual,
proprietary or other Third-Party right without the express permission of the owner of the respective right.
YOU, AND NOT THE COMPANY OR ANY PLATFORM, ARE SOLELY LIABLE FOR ANY
DAMAGE RESULTING FROM YOUR FAILURE, WHETHER INTENTIONAL OR NOT, TO
OBTAIN SUCH PERMISSION OR FROM ANY OTHER HARM RESULTING FROM
USERGENERATED CONTENT THAT YOU SUBMIT.
You represent, warrant, and covenant that you will not submit any User-Generated Content that:
i. Constitutes Hate Speech. The User shall not submit any review containing language that is
discriminatory, hateful, threatening, or harassing toward any person or group, whether
explicitly or implicitly.
ii. Focuses on individuals. The User shall ensure that all reviews address organizations as a
whole, and not specific individuals by name or in any way that would reasonably identify
them.
iii. Fails to Speak from Direct Experience. The User shall base all reviews on their own firsthand
experiences, observations, or interactions, and shall not rely on hearsay, speculation, or
unverifiable information.
iv. Fails to Exercise Responsibility. The User shall recognize the potential impact of theirreviews on the Service Provider and shall take care to provide accurate, balanced, and
constructive information about the management, operations, and governance of the relevant
organization.
v. Violates or infringes in any way upon the rights of others, including, but not limited to, any
copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal,
contractual, proprietary or other third-party right of any person or entity; vi. Encourages
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any law;
vii. Contains a formula, instruction, or advice that could cause harm or injury;
viii. The licensed use by the Company hereunder would result in us having any obligation or
liability to any party;
ix. Is intentionally misleading or fraudulent; or
x. Violates any of the exclusions to use set forth herein.
Any conduct by a User that in our sole discretion restricts or inhibits any other User from using or
enjoying the Application will not be permitted.
THE COMPANY RESERVES THE RIGHT TO DELETE, DISABLE OR OTHERWISE ELIMINATE
FROM THE APPLICATION ANY USER-GENERATED CONTENT THAT THE COMPANY DEEMS
VIOLATIVE OF THESE TERMS AND/OR ANY RULE OF LAW, REGULATION OR PROTOCOL, IN
ITS SOLE DISCRETION.
The Company has the right, but not the obligation, to monitor all User-Generated Content. The Company
has no obligation to post, maintain or otherwise make use of User-Generated Content and does not
guarantee distribution of User-Generated Content. The Company may discontinue operation of the
Application and/or User-Generated Content, or Your use of the Application and/or User Generated
Content, in either case in whole or in part, in its sole discretion. You have no right to maintain or access
your User-Generated Content on the Application and the Company has no obligation to return your
UserGenerated Content or otherwise make it available to You.
Dispute Resolution. We have the right, but not the obligation, to monitor all User Content. We have no
obligation to post, maintain or otherwise make use of User Content and do not guarantee distribution of
User Content. We may discontinue operation of the Application, or your use of the Application, in either
case in whole or in part, in our sole discretion. You have no right to maintain or access your User Content
on the Application and we have no obligation to return your User Content or otherwise make it available
to you.
8.1 DIGITAL COMMUNICATION.
THE COMPANY IS NOT RESPONSIBLE FOR COMMUNICATION INITIATED BY USERS,
REGARDLESS OF THE CAPACITY IN WHICH THEY COMMUNICATE THROUGH THE
APPLICATION AND/OR APPLICATION.The rights granted by You hereunder may not be terminated, revoked or rescinded and are not subject to
reversion. If You become aware that User-Generated Content You have submitted includes any material
for which You lack the unrestricted right to grant us the rights set forth above without obligations or
liability to any party, You agree to promptly provide us with detailed written notice thereof to YardPair,
LLC, ATTN: LEGAL, support@yardpair.com .
The Company strives to keep User-Generated Content secure but cannot guarantee that it will be
successful at doing so, given the nature of the Internet. Accordingly, You acknowledge that You bear sole
responsibility for adequate security, protection, and backup of User-Generated Content. The Company
strongly encourages You, where available and Appropriate, to: (a) use encryption technology to protect
User-Generated Content from unauthorized access; (b) routinely archive User-Generated Content; (c)
keep Your password and access details secure; and (d) keep Your User-Generated Content or any
software that you use or run with the Application current with the latest security patches or updates. WE
SHALL HAVE NO LIABILITY TO YOU FOR ANY UNAUTHORIZED ACCESS OR USE,
CORRUPTION, DELETION, DESTRUCTION, OR LOSS OF ANY ACCOUNT AND/OR
USERGENERATED CONTENT.
In the event you elect, in connection with the Application to communicate to the Company suggestions
for improvements to the Application, or to any other property of the Company, intellectual or otherwise
(collectively, “Feedback”), the Company shall own all right, title, and interest in and to the same, even if
You have designated the Feedback as confidential, and the Company shall be entitled to use the Feedback
without restriction. You hereby irrevocably assign all right, title, and interest in and to the Feedback to us
and agree to provide us such assistance as we may require to document, perfect, and maintain our rights
to the Feedback.
In keeping with our efforts to maintain Your privacy, the Company will not disclose User-Generated
Content to any governmental agency, body and/or department unless lawfully sought by presentation to
us of a valid Subpoena, warrant or other such document.
9. Release.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you
hereby waive, and release YardPair and its users from, any claim or cause of action, whether known or
unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or
personality, or any similar claim arising out of the use of Your Content in accordance with the license in
Section 8 and the other provisions of these Terms.
10. Third-Party Content and Services.
10.1 GENERAL.
You acknowledge that the Application may now or in the future permit access to products, services,
Applications, advertisements, promotions, recommendations, advice, information, and materials created
and provided by advertisers, publishers, content partners, marketing agents, vendors, and other third
parties, including in the form of “Ads” and/or APIs offered by such parties or other related vendors
(“Third-Party Content and Services”), which may or may not include a Platform, and/or the Vendors.10.2 DISCLAIMER.
YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT INVESTIGATE, MONITOR,
REPRESENT OR ENDORSE THE THIRD-PARTY CONTENT AND SERVICES (INCLUDING
ANY THIRD-PARTY APPLICATIONS, OR OTHER SERVICES, AVAILABLE THROUGH
THE APPLICATION). FURTHERMORE, YOUR ACCESS TO AND USE OF THE THIRD-
PARTY CONTENT AND SERVICES IS AT YOUR SOLE DISCRETION AND RISK, AND
COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS,
INCLUDING A PLATFORM, SHALL HAVE NO LIABILITY TO YOU ARISING OUT OF OR
IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE THIRD-PARTY CONTENT
AND SERVICES. THE COMPANY HEREBY DISCLAIMS ANY REPRESENTATION,
WARRANTY, OR GUARANTY REGARDING THE THIRD-PARTY CONTENT AND
SERVICES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, WARRANTIES OF
HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY
REPRESENTATION, WARRANTY, OR GUARANTY REGARDING THE AVAILABILITY,
QUALITY, RELIABILITY, FEATURES, APPROPRIATENESS, ACCURACY,
COMPLETENESS, OR LEGALITY OF THE THIRD-PARTY CONTENT AND SERVICES.
10.3 Third-Party Terms of Service/Other Agreement(s).
You acknowledge and agree that Your access to and use of the Third-Party Content and Services and any
correspondence or business dealings between You and any Third-Party located using the Application are
governed by and require Your acceptance of the terms of service of such Third- Party, including, without
limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained
therein, and that the Company and a Platform are not a party or in any way bound by the same, nor does
the Company nor a Platform bear any responsibility or liability related thereto. Furthermore, You
acknowledge and agree that the Third-Party Content and Services and any related third-party terms of
service are subject to change by the Applicable Third-Party at its sole discretion and without any notice.
You assume all risks arising out of or resulting from your transaction of business over the Internet and
with any Third-Party, and you agree that Company and its affiliates, partners, suppliers and licensors,
including, but not limited to a Platform and the Vendors, are not responsible or liable for any loss or result
of the presence of information about or links to such advertisers or service providers. Furthermore, You
acknowledge and agree that You are not being granted a license to: (i) the Third-Party Content and
Services; (ii) any products, services, processes or technology described in or offered by the Third-Party
Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the
Third-Party Content or Services or any products, services, processes or technology described or offered
therein.
10.4 Reliance on Information.
IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY,
TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE APPLICATION,
INFORMATION STORED ON OR ACCESSIBLE BY THE APPLICATION, AND THIRDPARTY
CONTENT AND SERVICES. UNDER NO CIRCUMSTANCES WILL THE COMPANYOR A PLATFORM BE LIABLE FOR ANY LOSS, CLAIM, OR DAMAGE CAUSED BY YOUR
RELIANCE OF THE APPLICATION, INFORMATION STORED ON OR ACCESSIBLE BY
THE APPLICATION, AND THIRD-PARTY CONTENT AND SERVICES.
10.5 Endorsements.
You acknowledge and agree that the provision of access to any Third-Party Content and Service shall not
constitute or imply any endorsement by the Company or its affiliates, including a Platform, of such Third-
Party Content and Services. The Company reserves the right to restrict or deny access to any Third-Party
Content and Services otherwise accessible through the Application, although the Company has no
obligation to restrict or deny access even if requested by You. The Company does not, nor shall any
actions hereinafter taken, except for any written material that expressly waives this provision executed by
the Company, endorse, warrant, or guarantee, nor shall the Company be responsible in any way for, the
accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement made on the
Application by anyone other than authorized employees of the Company, or spokespersons acting in their
official capacities with actual agency authority.
10.6 Inappropriate Materials.
You understand that by accessing and using the Third-Party Content and Services that You may encounter
information, materials and subject matter: (i) that You or others may deem offensive, indecent, or
objectionable; (ii) which may or may not be identified as having explicit language; and (iii) that
automatically and unintentionally appears in search results, as a link or reference to objectionable
material. Notwithstanding the foregoing, You agree to use the Third-Party Content and Services at Your
sole risk and that the Company and its affiliates, partners, suppliers, and licensors shall have no liability
to You for information, material, or subject matter that is found to be offensive, indecent, or
objectionable.
10.7 Use of Third-Party Content and Services.
You agree that the Third-Party Content and Services contain proprietary information and material that is
owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable
intellectual property and other laws, including, without limitation, pursuant to copyright, and that You
will not use such proprietary information or materials in any way whatsoever except for permitted use of
the Third-Party Content and Services. No portion of the Third-Party Content and Services may be
reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or
create derivative works based on the Third-Party Content and Services, in any manner, and You shall not
exploit the Third-Party Content and Services in any unauthorized way whatsoever, including, without
limitation, by trespass or burdening network capacity. You agree that You will not use any Third-Party
Content and Services in a manner that would infringe or violate the rights of any other party, and that
Company is not in any way responsible for any such use by You.
11. User Liability.
11.1 Liability of Users.
YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL COMPLAINTS, CLAIMS, CAUSES
OF ACTION, AND/OR LAWSUITS BY ANYONE CAUSED BY OR ARISING OUT OF YOURBREACH OF THESE TERMS AND/OR YOUR USE OF THE APPLICATION AND/OR USER-
GENERATED CONTENT. YOU SHALL INDEMNIFY, DEFEND, REIMBURSE, AND HOLD
HARMLESS THE COMPANY AND A PLATFORM FOR ANY AND ALL SUCH LIABILITY TO
THE EXTENT PERMITTED BY LAW AND IN ACCORDANCE WITH THESE TERMS.
THE YARDPAIR PLATFORM MAY SUPPORT CERTAIN OFFLINE OR LIMITED-
CONNECTIVITY FUNCTIONALITY WHERE AVAILABLE. IF ENABLED, SERVICE
PROVIDERS MAY BE ABLE TO VIEW SCHEDULED VISITS AND MARK JOBS AS
COMPLETE WHILE OFFLINE. JOB COMPLETION DATA MAY BE QUEUED LOCALLY ON
THE SERVICE PROVIDER’S DEVICE AND SYNCED WITH THE YARDPAIR PLATFORM
ONCE CONNECTIVITY IS RESTORED. USERS ACKNOWLEDGE THAT ANY OFFLINE
FUNCTIONALITY IS PROVIDED AS A CONVENIENCE AND AGREE TO ENSURE THAT
ALL DATA ENTERED OFFLINE IS ACCURATE AND COMPLETE. YARDPAIR DISCLAIMS
LIABILITY FOR ANY ERRORS OR DELAYS CAUSED BY OFFLINE DATA ENTRY OR
SYNCHRONIZATION ISSUES.
11.2 ACTIONS BY THE COMPANY.
If the Company has reason to believe that You have engaged in any activities restricted by this
Agreement, or any activities similar to the spirit and intent of such restrictions, or are in derogation of any
responsibilities that You may have hereunder, then the Company may take various actions to protect the
Company, other Users, a Platform, and other third-parties’ claims, fees, fines, penalties, and any other
liability. The actions the Company may take include, but are not limited to the following, and the
Company does not hereby waive any other rights or remedies it may have:
i. The Company may terminate, close, suspend, or limit Your access to the Application or
Account in whole or in part; ii. The Company may contact Third-Parties, Your bank or
credit card issuer, other Users,
and/or law enforcement, as deemed appropriate in the Company’s sole discretion;
iii. The Company may, without notice to You, update inaccurate information You provided; iv.
The Company may refuse to provide an account, access to the Application, or Account or any
other Application or services to You in the future; and/or
v. The Company may take legal action against you.
11.3 ACTIONS BY OTHER THIRD-PARTIES.
YOU ARE RESPONSIBLE FOR THIRD-PARTY COMPLAINTS CAUSED BY OR ARISING
OUT OF YOUR BREACH OF THESE TERMS, AS SET FORTH HEREIN, AND/OR YOUR
USE OF THE APPLICATION AND/OR USER-GENERATED CONTENT. YOU AGREE TO
INDEMNIFY, REIMBURSE, DEFEND, HOLD HARMLESS THE COMPANY AND A
PLATFORM FOR ANY AND ALL SUCH LIABILITY.
12. Compatibility.
Company does not warrant that the Application will be compatible or interoperable with Your Device orany other piece of hardware, software, equipment or device installed on or used in connection with your
Device. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPATIBILITY AND
INTEROPERABILITY PROBLEMS CAN CAUSE THE PERFORMANCE OF YOUR DEVICE TO
DIMINISH OR FAIL COMPLETELY, AND MAY RESULT IN PERMANENT DAMAGE TO YOUR
DEVICE, LOSS OF THE DATA LOCATED ON YOUR DEVICE, AND CORRUPTION OF THE
SOFTWARE AND FILES LOCATED ON YOUR DEVICE. YOU ACKNOWLEDGE AND AGREE
THAT COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS SHALL
HAVE NO LIABILITY TO YOU FOR ANY LOSSES SUFFERED RESULTING FROM OR ARISING
IN CONNECTION WITH COMPATIBILITY OR INTEROPERABILITY PROBLEMS.
13. Product Claims.
YOU ACKNOWLEDGE THAT YOU (NOT COMPANY OR A PLATFORM) ARE RESPONSIBLE
FOR ADDRESSING ANY THIRD-PARTY CLAIMS RELATING TO YOUR USE OR POSSESSION
OF THE APPLICATION, AND AGREE TO NOTIFY THE COMPANY OF ANY THIRD-PARTY
CLAIMS RELATING TO THE APPLICATION OF WHICH YOU BECOME AWARE.
FURTHERMORE, YOU HEREBY RELEASE THE COMPANY AND A PLATFORM FROM ANY
LIABILITY RESULTING FROM YOUR USE OR POSSESSION OF THE APPLICATION,
INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: (I) ANY PRODUCT LIABILITY
CLAIMS; (II) ANY CLAIM THAT THE APPLICATION FAILS TO CONFORM TO ANY
APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) ANY CLAIM ARISING
UNDER CONSUMER PROTECTION OR SIMILAR LEGISLATION.
14. Release and Indemnification.
YOU AGREE TO RELEASE, INDEMNIFY, DEFEND, AND HOLD HARMLESS THE COMPANY,
AND ITS EMPLOYEES, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, ATTORNEYS,
SUBSIDIARIES, AND THEIR RELATED COMPANIES, INCLUDING ANY PLATFORM, FROM
AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, OBLIGATIONS,
COSTS AND EXPENSES (INCLUDING ACTUAL ATTORNEYS’ FEES AND COSTS INCURRED)
ARISING OUT OF, RELATED TO, OR THAT MAY ARISE IN CONNECTION WITH:
i. ANY CLAIM(S) WHATSOEVER THAT YOUR PARTICIPATION ON THE
APPLICATION RESULTED IN DAMAGES OF ANY KIND; ii. YOUR ACCESS TO
OR USE OF THE APPLICATION AND/OR ACCOUNT AND/OR
YOUR RELIANCE ON ANY INFORMATION REFLECTED THEREIN; iii.
USER-GENERATED CONTENT PROVIDED BY YOU OR THROUGH USE OF
YOUR ACCOUNT AND/OR ACCOUNT, THAT INTERACTS WITH THE
APPLICATION’S DATABASES; iv. ANY ACTUAL OR ALLEGED
VIOLATION OR BREACH BY YOU OF THIS
AGREEMENT;
v. ANY ACTUAL OR ALLEGED BREACH OF ANY REPRESENTATION, WARRANTY,OR COVENANT THAT YOU HAVE MADE TO THE COMPANY; vi. YOUR ACTS
OR OMISSIONS; vii. LOSS OF OR DAMAGE TO USER-GENERATED CONTENT
FOR ANY REASON.
YOU AGREE TO COOPERATE FULLY WITH THE COMPANY AND ANY PLATFORM IN THE
DEFENSE OF ANY CLAIM THAT IS THE SUBJECT OF YOUR OBLIGATIONS HEREUNDER,
AND YOU HEREBY ACCEPT THE PROVISIONS OF THESE TERMS IN FULL, INCLUDING
SPECIFICALLY YOUR AGREEMENTS IN SECTION 17 REGARDING SELECTION OF COUNSEL.
15. Disclaimers.
IN ADDITION TO THE INITIAL DISCLAIMER YOU EXPRESSLY AGREE THAT USE OF THE
APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION AND ANY SERVICES OR
CONTENT RELATED THERETO, INCLUDING THIRD-PARTY CONTENT AND SERVICES,
AND USER-GENERATED CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY
DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY:
i. WARRANTIES THAT ANY USER-GENERATED CONTENT WILL PROVIDE
ANYTHING OTHER THAN ILLUSTRATIVE INFORMATION, OR
PROVIDE ACCURATE, ACTIONABLE INFORMATION ON WHICH YOU
CAN RELY IN ANY CIRCUMSTANCE;
ii. WARRANTIES THAT THE APPLICATION WILL MEET YOUR
REQUIREMENTS;
iii. WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY,
USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT
OF THE APPLICATION, AND ANY SERVICES OR CONTENT RELATED
THERETO, INCLUDING THIRD-PARTY CONTENT AND SERVICES, AND USER-
GENERATED CONTENT;
iv. WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE;
v. WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON OUR APPLICATION OR ACCESSED THROUGH THE
APPLICATION;
vi. WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION; vii.
WARRANTIES THAT YOUR USE OF THE APPLICATION WILL BE SECURE OR
UNINTERRUPTED;
viii. AND
WARRANTIES THAT ERRORS IN THE SOFTWARE WILL BE CORRECTED;ix. YOU FULLY AGREE AND UNDERSTAND THAT YARDPAIR IS NOT
RESPONSIBLE FOR YOUR SATISFACTION WITH THE SERVICES,
SERVICE PROVIDERS, AND/OR PROPERTY OWNER(S) AND MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY
PARTICULAR RESULT FOR YOU.
THE COMPANY SPECIFICALLY AND EXPRESSLY DISCLAIMS ANY ADVICE THAT MAY
LEAD TO PHYSICAL DAMAGE, OR INJURY. ANY CONTENT OR SOFTWARE DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT YOUR
OWN DISCRETION AND RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY
DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
ANY CONTENT OR SOFTWARE.
IN THE EVENT OF ANY FAILURE OF THE APPLICATION TO CONFORM TO AN APPLICABLE
WARRANTY, IF ANY DOES EXIST, WHICH THIS PARAGRAPH DOES NOT EXPRESSLY
CREATE, THEN YOU MAY NOTIFY ANY “PLATFORM,” AND ANY “PLATFORM” MAY
REFUND THE COSTS OF PURCHASES MADE THROUGH THE APPLICATION TO YOU; AND
THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY PLATFORM
WILL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE
APPLICATION, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS, OR
EXPENSES ATTRIBUTABLE TO ANY FAILURE TO ANY WARRANTY WILL BE THE
COMPANY’S SOLE RESPONSIBILITY, IF AT ALL.
16. Limitation on Liability.
UNDER NO CIRCUMSTANCES SHALL THE COMPANY, AND ITS EMPLOYEES, AGENTS,
DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED
COMPANIES, INCLUDING, BUT NOT LIMITED TO ANY PLATFORM AND THE VENDORS, BE
LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED
WITH THE APPLICATION, SERVICES, AND/OR THESE TERMS. YOUR SOLE REMEDY FOR
DISSATISFACTION WITH THE APPLICATION IS TO STOP USING THE APPLICATION. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON
OF SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION
WITH THE APPLICATION OR ANY LINKS ON THE APPLICATION, INCLUDING THOSE
PROVIDED BY THE COMPANY, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APPLICATION
OR ANY LINKS ON THE APPLICATION, AND ALSO TO PHYSICAL DAMAGES OR INJURY
SUFFERED AS A RESULT OF ANY INFORMATION, ADVICE, OR THE LIKE RECEIVED BY YOU
EITHER DIRECTLY OR INDIRECTLY FROM THE APPLICATION. SUCH LIMITATION
SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY
CONTENT POSTED BY A THIRD-PARTY, USER-GENERATED CONTENT, OR CONDUCT OF A
THIRD-PARTY ON THE APPLICATION, OR ANY OTHER USERS.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT
SHALL THE CUMULATIVE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, AGENTS,
DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES AND THEIR RELATED COMPANIES
EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE
APPLICATION, OR IN ANY WAY RELATED TO THESE TERMS, MUST BE FILED WITHIN SIX
(6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM WILL BE
FOREVER BARRED.
IN SOME JURISDICTIONS LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH
JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING, THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW.
17. Disputes Involving the Company.
17.1. Pre-Arbitration Dispute Resolution.
The Company is always interested in resolving disputes amicably and efficiently, and most customer
concerns with YardPair can be resolved quickly and to the customer’s satisfaction by emailing us at
support@yardpair.com. If such efforts prove unsuccessful, a party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice
should be sent to YardPair LLC, 7901 4th St N #32020, St. Petersburg, FL 33702 (“Notice
Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth
the specific relief sought. If the Company and You do not resolve the claim within sixty (60)
calendar days after the Notice is received, You or the Company may commence an arbitration
proceeding.
17.2. Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND THE COMPANY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS
BOTH YOU AND THE COMPANY AGREE OTHERWISE, THE ARBITRATOR MAY NOT
CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT
OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR
CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING
MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO
PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
In the event that a lawsuit is filed, or a claim is made and demanded, by You, or on Your behalf in any
form whatsoever, against a User of the Application, and the Company needs to seek legal counsel for any
involvement in the matter, You or Your legal representative shall pay for all legal fees incurred by theCompany relating thereto. In such matters, and in any other matter in which You are liable to the
Company for payment of attorneys’ fees, as set forth herein, or otherwise permitted by law, nothing
contained in These Terms, including this clause, shall in any way limit the Company’s right to hire legal
counsel of its choice.
17.3 Dispute Resolution Categories.
The arbitration provisions in this Section apply to disputes arising from or related to:
i. defective or incomplete work performed by Service Providers; ii.
fraud or misrepresentation by any User;
iii. missed appointments or non-performance of scheduled Services;
iv. property damage or personal injury occurring during or related to service delivery;
v. payment disputes, including failed payments, chargebacks, or unauthorized charges; vi.
violations of applicable laws or regulations by Users; and vii. disputes regarding access to or use
of the YardPair platform.
These categories are illustrative and not exhaustive. Users agree to resolve all disputes through binding
arbitration as set forth in this Section.]
18. Disputes Between Users.
Disputes between Property Owners and Service Providers, including disputes involving pricing,
scheduling, access, service quality, defective work, incomplete work, missed appointments,
nonperformance, fraud, misrepresentation, property damage, personal injury, death, payment disputes,
refunds, chargebacks, provider licensing, provider insurance, provider contracting obligations, consumer
disclosures, estimates, invoices, receipts, taxes, or legal compliance, are disputes solely between the
applicable Users.
YardPair is not a party to User-to-User disputes and has no obligation to investigate, mediate, arbitrate,
decide, pay, reimburse, refund, credit, inspect, supervise, re-perform, or otherwise resolve any User-
toUser dispute. YardPair may, in its sole discretion, provide support tools, receive reports, review
platform records, request information, facilitate communications, label a visit as disputed, adjust platform
records, suspend or terminate accounts, block communications, end pairings, or coordinate payment
adjustments where permitted by law and payment processor rules. Any YardPair support action is
voluntary, may be limited to platform records, and does not make YardPair a party to the underlying
service relationship or dispute.
Claims by a User against YardPair are governed by the dispute-resolution provisions of these Terms.
Claims between Users are not claims against YardPair, and Users are responsible for pursuing any rights
or remedies they may have against each other independently, subject to applicable law and any separate
agreements between them.
19. Termination.The Company reserves the right in its sole discretion and at any time to terminate, revoke, or suspend
your Account and/or block your access to the Application for any reason including, without limitation if
you have failed to comply with the letter, intention, or spirit of These Terms. You agree that the Company
and a Platform shall not be liable to you or any Third-Party for any termination or suspension of your
account or for blocking Your access to the Application and/or any User-Generated Content that may
reside there that was generated by You. You agree that You have no rights or interests in any information,
data, or functionality of the Application.
You may suspend or terminate your use of the YardPair Service at any time and for any reason. If you
wish to deactivate your account, please contact YardPair. Note that if you have any outstanding payment
obligations, those will survive suspension or termination of your account.
The Company shall have no obligation to retain, preserve or maintain any User-Generated Content or any
other information related to Your Account following Your termination of an Account.
Any suspension or termination shall not affect Your obligations to the Company under These Terms. The
provisions of These Terms, which by their nature survive the suspension or termination of Your account
and access of the Application, including, but not limited to the rights and licenses that You have granted
hereunder, indemnities, releases, disclaimers, limitations on liability, and provisions related to choice of
law. Notwithstanding any termination, the license You grant the Company to your User-Generated
Content shall survive any termination and persist pursuant to the terms thereof.
20. Choice of Law; [Mandatory Arbitration].
THESE TERMS, THE APPLICATION, AND/OR ANY DISPUTE ARISING THEREFROM
SHALL BE GOVERNED BY AND CONSTRUED ACCORDING TO THE LAWS OF THE
STATE OF FLORIDA. THE PARTIES WAIVE ANY OTHER VENUE TO WHICH EITHER
PARTY MIGHT BE ENTITLED BY DOMICILE OR OTHERWISE. WITH RESPECT TO ANY
DISPUTE ARISING OUT OF OR RELATED TO THESE TERMS, YOU HEREBY AGREE
THAT ALL DISPUTES ARISING OR TOUCHING THESE TERMS OR THE APPLICATION
SHALL PROMPTLY BE SUBMITTED TO ARBITRATION IN THE STATE OF FLORIDA,
BEFORE ONE ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN
ARBITRATION ASSOCIATION. THE ARBITRATOR MAY ASSESS COSTS IN FAVOR OF
THE COMPANY ONLY, INCLUDING ATTORNEYS’ FEES ACTUALLY INCURRED, IN
SUCH MANNER AS THE ARBITRATOR DEEMS FAIR AND EQUITABLE. THE AWARD OF
THE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES, AND
JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT OF COMPETENT
JURISDICTION. THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN
CONNECTION WITH ANY DISPUTE ARISING OUT OF THESE TERMS, THE
APPLICATION, AND/OR ANY DISPUTE ARISING THEREFROM.
International Use and Compliance with Local Laws. The YardPair Service is controlled and operated
from the United States, and is not intended to subject the Company to the laws or jurisdiction of any
country or territory other than the United States. The Company expressly prohibits the use of the
Application outside of the United States without its express, prior written approval. The Company makes
no representations or warranties that the Application, YardPair Services, or any content or features thereofare appropriate, lawful, or available for use in locations outside the United States. If You access or use
the Application from outside the United States, You do so at Your own initiative and are responsible for
compliance with all local laws, regulations, and rules applicable to such access and use, including but not
limited to laws relating to data privacy, personal information, online conduct, and acceptable content.
Without limiting the foregoing, You agree that Your use of the Application and YardPair Services shall at
all times comply with all applicable export control laws and regulations of the United States and any
other applicable jurisdiction. The Company reserves the right to limit the availability of the Application
or any part thereof to any person, geographic area, or jurisdiction at any time in its sole discretion.
21. Miscellaneous.
21.1 Export Control.
You may not use or otherwise export or re-export the Application except as authorized by United States
law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant
that You are not: (i) located in any 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; or (ii) listed on any U.S.
Government list of prohibited or restricted parties including the Treasury Department’s list of Specially
Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You also
agree that You will not use the Application for any purposes prohibited by United States law.
21.2 Dissolution, Modification, and Maintenance.
Modifications to These Terms or Additional Terms (as hereinafter defined) will be effective immediately
upon notice, either by posting on the Application, posting on the Apple App Store, Google App page for
the Company, by notification by email or conventional mail, or any other method allowed for by These
Terms. It is your responsibility to review These Terms and the Application from time to time for any
changes or Additional Terms. Your access and use of any the Application following any modification of
These Terms or the provision of Additional Terms will signify your assent to and acceptance of the same.
If you object to any subsequent revision to the Terms or to any Additional Terms, You may terminate your
Account as provided above or, if You do not have an Account, Your only recourse is to immediately
discontinue use of the Application. The Company, and not a Platform, is solely responsible for any
maintenance or support that may be required regarding the Application, as set forth herein, or required by
applicable law. You hereby acknowledge that a Platform has no obligation whatsoever to furnish any
maintenance or support services with respect to the Application.
21.3 Additional Terms.
The Company reserves the right to provide You with operating rules or Additional Terms that may govern
Your use of the Application generally, specifically, in whole, in part, or any combination thereof
(“Additional Terms”). Any Additional Terms that we may provide to You will be incorporated by
reference into These Terms. To the extent any Additional Terms conflict with These Terms, the Additional
Terms will control.
21.4 Severability.If any part of These Terms is held to be legally unenforceable by a court of competent jurisdiction, the
remainder may still be enforced as if These Terms were written without said unenforceable portions.
21.5 Integration.
No terms, not herein contained, will be construed to be enforceable under These Terms, unless with the
express written consent of the Company. These Terms, including the Privacy Policy, Copyright Policy,
and any Additional Terms, shall constitute the full agreement between You and the Company, and may not
be amended except as may otherwise be provided for herein.
21.6 Assignment.
Except as permitted herein otherwise, You shall not assign These Terms or any rights or obligations herein
without the prior written consent of the Company, and any attempted assignment in contravention of this
provision shall be null and void and of no force or effect; however, the Company may assign These Terms
freely without notice to You.
21.7 Waiver.
Except as provided herein, the failure to exercise a right or require performance of an obligation under
These Terms shall not affect the Company’s ability to exercise such right or require such performance at
any time thereafter, nor shall the waiver of a breach constitute waiver of any subsequent breach.
21.8 Headings.
The section titles or headings in These Terms are for convenience only and have no legal or contractual
effect.
21.9 Relationship.
Nothing contained in These Terms shall be deemed to constitute either party a partner, joint venture or
employee of the other party for any purpose.
21.10 Force Majeure.
The Company shall not be liable for any default, delay in the performance of any of its obligations under
These Terms, or Your inability to access the Application and/or any User- Generated Content if such
default or delay is caused, directly or indirectly, by forces beyond the Company’s reasonable control,
including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism,
interruptions of transportation or communications (including third party integrations related to social
media, server malfunctions, or any other mechanical, electronic, or communication error), power outages,
supply shortages or the failure of any Third-Party to perform any commitment relating to the production
or delivery of any equipment or material required for the Company to perform its obligations hereunder.
Also, in such an event, the cancellation policies described herein may not apply and YardPair may, in its
reasonable discretion, issue refunds under terms that vary from a Service Provider’s selected cancellation
policy. The parties have specifically considered force majeure scenarios— including, but not limited to,
pandemic, civil unrest and/or governmental action—and agree that such shall excuse the Company from
performance under These Terms.
21.11 Complaints or Comments.Any complaints or comments regarding the Application should be directed to the Company at:
support@yardpair.com.
21.12 Availability, Maintenance, and Service Interruptions.
YardPair strives to maintain the availability and performance of the Application but does not guarantee
uninterrupted or error-free operation. The Application may be subject to temporary downtime due to
maintenance, updates, system failures, or events beyond our control. We reserve the right to suspend,
modify, or discontinue the Application (in whole or in part) at any time without notice. You agree that
YardPair shall not be liable for any losses, damages, or inconveniences resulting from downtime or
service interruptions.
22. Third-Party Beneficiary.
You hereby acknowledge and agree that a Platform, and a Platform’s subsidiaries, are third-party
beneficiaries of These Terms, and that, upon Your acceptance of These Terms, a Platform will have the
right (and will be deemed to have accepted the right) to enforce These Terms against You as a third-party
beneficiary thereof.
23. Notice.
The Company may give notice by means of a general notice by posting on the Application, posting on the
Apple App Store or Google App page for the Company, by e-mail to your e-mail address on record in the
Company’s account information, or by written communication sent by first class mail or pre-paid post to
your address on record in the Company’s account information. Such notice shall be deemed to have been
given immediately after mailing, emailing or posting. You may give notice to the Company, which shall
be deemed given when actually received by the Company, at any time by a written communication
delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the
Company at the following address: YardPair, LLC, ATTN: LEGAL, support@yardpair.com. All
communications and notices to be made or given pursuant to These Terms shall be in the English
language.
24. Copyright Infringement.
YardPair follows the procedures of the Digital Millennium Copyright Act. We will respond to claims of
copyright infringement that are reported in accordance with this Section. It is our policy, in appropriate
circumstances, to deactivate or terminate the access of users who repeatedly infringe or are repeatedly
charged with infringing others’ copyrights or other intellectual property rights.
If you believe in good faith that your copyrighted work has been infringed by content posted on the
YardPair Service, please provide our designated copyright agent with a written notice that includes all of
the following information:
• A description of the copyrighted work you believe to have been infringed;
• A description of the URL on our Site of the material you believe to be infringing;
• Your name, mailing address, telephone number and email address;• A statement that you have a good faith belief that the disputed use is not authorized by the
copyright;
• owner, its agent, or the law;
• A statement by you, which you make under penalty of perjury, that the above information in your
notice is accurate, and that you are the copyright owner or authorized to act on the copyright
owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the copyright
owner.
Our designated agent for notice of copyright infringement can be reached at:
YardPair LLC.
Attention: Copyright Notice support@yardpair.com
These Terms were last revised on July 3, 2026.