Expert Organizer Terms of Service
Last Updated: May 22, 2022
1. Acceptance of Terms; Modifications.
2. Me In Order Service.
2.1 Nature of the Me In Order Service. The Me In Order Service consists of a desktop Web application, mobile applications, and other related tools, support and services that clients (“Clients”) and providers of organizing services (“Service Providers”) can use to find, communicate with and interact with each other. The Me In Order Service includes our administrative and support services, educational materials for Service Providers, and other services. We charge fees for some aspects of the Me In Order Service, as described below in Section 9.
2.2 Me In Order does not provide Organizing Services. Me In Order is a neutral venue for Service Providers and Clients. Me In Order is not a Service Provider and, except for administration, support and other resources and support specifically described in the Me In Order Service, does not provide organizing services. We make no representations or warranties about the quality of organizing, or other services provided by Service Providers (“Organizing Services”), or about your interactions and dealings with users. Service Providers listed on Me In Order are not under the direction or control of Me In Order, and Service Providers determine in their own discretion how to provide Organizing Services. Though we provide general guidance on our Sites to Service Providers about safety and organizing principles and to Clients about selecting and engaging Service Providers, Me In Order does not employ Service Providers or Clients, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Service Providers or Clients, whether online or offline. We conduct an initial review of Service Provider profiles and we facilitate Background Checks or Identification Verifications (each as described in Section 10, below) on Service Providers conducted by a third party, but, except where explicitly specified in the Me In Order Service (and then only to the extent specified), do not otherwise screen Service Providers or Clients. You should exercise caution and use your independent judgment before engaging a Client, providing Organizing Services, or otherwise interacting with users via the Me In Order Service. Clients and Service Providers are solely responsible for making decisions that are in the best interests of themselves and their organizing projects.
2.3 Release. Subject to Section 16 below, Me In Order has no liability for any claims, injuries, 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 Service Providers and Clients, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR PROVISION OF ORGANIZING SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. (Any financial obligations Me In Order may have to its users in connection with user conduct are limited to the reimbursement obligations set forth in the Me In Order Guarantee).
2.4 Transactions are between Clients and Service Providers. The Me In Order Service may be used to find and offer Organizing Services and to facilitate payment, but all transactions conducted via the Me In Order Service are between Clients and Service Providers. Except for the limited refunds set forth in the Me In Order Guarantee, you agree that Me In Order has no liability for damages associated with Organizing Services (which may include bodily injury, or death) or resulting from any other transactions between users of the Me In Order Service.
2.5 Bookings. Clients and Service Providers transact with each other on the Me In Order Service when they both agree to a “booking” that specifies the date, time period, cancellation policy, and other terms for provision of Organizing Services via the booking mechanism provided on the Me In Order Service (a “Booking”). A Booking may be initiated by a Service Provider, Me In Order, or a Client by selecting the Service Provider and then following the prompts that appear on-screen. All requests are subject to acceptance by the Service Provider. The Service Provider is not obligated to accept a Booking (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Booking, you agree to honor the price and other terms of that Booking, as acknowledged on your Me In Order listing page and in the Booking confirmation.
2.6 Service Providers are Solely Responsible for Evaluating Clients. Service Providers are solely responsible for evaluating the suitability of Clients for the services they offer to provide. Though Me In Order may perform limited reviews of Client profiles and conduct Client Identity Verifications, any such screening is limited, and Me In Order does not warrant that any such screen is accurate, complete, conclusive or up-to-date.
2.7 Organizing Tools, Supplies and Expenses. Service Providers are solely responsible for the purchase, and supply of all organizing tools, supplies and expenses associated with performing organizing services for Clients.
2.8 Certification. Certified Expert Organizer® designations are earned through Order University™ in partnership with Me In Order and may not be renewed by Service Providers that have been suspended, terminated or have inactive accounts.
3. Certification of Compliance with Applicable Law.
By accessing and using the Me In Order Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Me In Order Service.
For Service Providers, this means, among other things, that you certify that you are legally eligible to provide Organizing Services in the jurisdiction where you provide Organizing Services; that you have complied and will comply with all laws and regulations that are applicable to you; that you have obtained all business licenses, business tax registrations, and permits necessary to legally provide Organizing Services; and that, when providing Organizing Services, you will comply with applicable waste disposal, and similar laws.
You acknowledge that Me In Order is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. Use of the Me In Order Service; Suspension.
4.1 Your Conduct on the Me In Order Service. When you use the Me In Order Service, you agree:
- To abide by the Me In Order Code of Ethics.
- To use the Me In Order Service only in a lawful manner and only for its intended purposes.
- To use the Me In Order Service only for your own purposes, and not to impersonate any other person.
- Not to submit viruses or other malicious code to or through the Me In Order Service.
- Not to use the Me In Order Service, or engage with other users of the Me In Order Service, for purposes that violate the law.
- Not to use the Me In Order Service to arrange for the provision and purchase of services with another user, then complete transactions for those services outside of the Me In Order Service.
- Not to use the Me In Order Service for purposes of competing with Me In Order or to promote other products or services.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights (for example, privacy rights) of others.
- Not to post “spam” or other unauthorized commercial communications.
- Not to transfer or authorize the use of your account for the Me In Order Service by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile on, or registration for, the Me In Order Service.
- Not to interfere with our provision of, or any other user’s use of, the Me In Order Service.
4.2 Remaining an Active Partner. Use of the Me In Order Service is granted to Service Providers that maintain the highest level of excellence. Approved Service Providers that meet and exceed the minimum qualifications described below are considered an “Active Partner” and may maintain full access to the Me In Order Service.
Minimum Requirements Include:
- Maintaining a minimum of 120 paid client hours through the Me In Order Service on a rolling six month basis (this number is posted in the Service Providers profile under the heading “My Stats” and is called “Hours Billed Last 180 Days.”)
- Maintain a minimum 4-star average rating from past Clients (this number is posted in the Service Providers profile. Under the heading “My Stats” and is called “Average Session Rating.”)
- Maintain annual Certified Expert Organizer® and Continuing Education Certificates and Badges.
4.3 Suspension and Termination. You understand and agree that we have no obligation to provide the Me In Order Service in any specific location or service area, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Me In Order Service: (1) if you do not meet or exceed the minimum criteria for remaining an Active Partner with the Me In Order Service as described in Section 4.2 above. (2) if in our discretion your conduct on the Sites or Me In Order Service is inappropriate, unsafe, dishonest, or in breach of these terms; or (3) if necessary in our discretion to protect Me In Order, its users, or the public. You may suspend or terminate your use of the Me In Order Service at any time and for any reason. If you wish to deactivate your account, please contact Me In Order. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
5. Registration; Account Security.
In order to use some aspects of the Me In Order Service, you will be required to create a username, password, and user profile. If you elect to use the Me In Order Service, you agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account (or, if Me In Order suspends or terminates your account, not to create additional accounts). You are responsible for maintaining the confidentiality of your username and password for the Me In Order Service and are responsible for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
6. Your Privacy & Client Confidentiality.
6.2 Client & Company Confidentiality. You acknowledge that during your use of the Me In Order Service pursuant to this Agreement, Confidential Information will be disclosed to you and any unauthorized release of such information to any individual or party or for use other than for the purposes of Me In Order could cause wide harm to Me In Order or Client of Me In Order. Therefore, the details of this agreement are described in our Expert Organizer Confidentiality Agreement. By accessing or using the Me In Order Service, you acknowledge that you have read and understand the Expert Organizer Confidentiality Agreement.
7. Your Content.
7.1 Your Content. We may require or allow you (or someone else on your behalf) to submit or upload text, photographs, images, videos, reviews, information and materials to your profile on the Me In Order Service or otherwise in connection with using the Me In Order Service and/or participating in promotional campaigns we conduct on the Sites (collectively, “Your Content”).
7.3 Release. If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release Me In Order 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 7.2 and the other provisions of these Terms.
7.4 Your Representations and Warranties about Your Content. You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in Section 7.2 and make the release in Section 7.3 with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose personal effects or property are in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content. Though we are not obligated to do so, we reserve the right to monitor, screen, edit and/or remove Your Content on the Me In Order Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another instance. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
Service Provider acknowledges that Me In Order desires that Clients have access to high-quality services via the Me In Order Service. In order to continue to receive access to the Me In Order Service, You must maintain an average rating by Clients that exceeds the minimum average acceptable rating established by Me In Order, as may be updated from time to time by Me In Order in its sole discretion (“Minimum Average Rating”). Your average rating is intended to reflect Clients satisfaction with your Organizing Services rather than your compliance with any of Me In Order’s policies or recommendations. In the event your average rating falls below the Minimum Average Rating, Me In Order will notify you and may provide you, in Me In Order’s discretion, a limited period of time to raise your average rating above the Minimum Average Rating. If you do not increase your average rating above the Minimum Average Rating within the time allowed (if any), Me In Order reserves the right to deactivate your access to the Me In Order Services.
7.7 Service Provider Listings and Accounts. Me In Order is the sole owner of all listings and accounts created by Me In Order. Me In Order often utilizes third party platforms (both on-line and off-line) for the purposes of marketing and advertising individual Service Providers as part of the Me In Order Service. Service Providers agree that such listings and accounts are part of the Me In Order service and may not be transferred upon the suspension or termination of a Service Providers account and use of the Me In Order Service.
8. Phone, Text and Mobile Communications.
8.1 Consent to Autodialed Text Messages. You consent to Me In Order communicating with you about the Me In Order Service by SMS, text message, email and other electronic means, including autodialed text messages containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your carrier’s normal messaging, data and other rates and fees will apply to these communications. You are not required to provide this consent to receive marketing messages as a condition of purchasing anything or using the Me In Order Service.
8.2 Phone Number Changes. In the event you deactivate a mobile phone number provided to us, you agree to update your Me In Order account information promptly to ensure that messages are not sent to the person who acquires your old number.
9. Fees & Payment.
9.1 Currency. All fees, deductible amounts and other payments referenced on, or charged through, the Me In Order Service are listed and payable in United States Dollars.
9.2 Fees for Clients. Clients may purchase Organizing Services from a Service Provider by completing a Booking as described in Section 2.5. Clients enter into a transaction with a Service Provider when the Service Provider accepts a Booking. As described in Sections 9.3 and 9.4, the total amount Clients are charged for a Booking may also include a service fee payable to Me In Order. Where required by law, the amount charged will also be inclusive of applicable taxes. The purchase of Organizing Services is a transaction between the Client and the Service Provider. Me In Order’s role is to facilitate the transaction. You will (either directly by check and cash or indirectly through an authorized third-party payment processor provided by Me In Order) collect payment from the Client at the end of the Booking for all hourly services provided to the Client.
9.3 Service Provider Payouts. Me In Order will (except to the extent of any payout hold pursuant to Section 9.6) initiate payouts to the Service Provider’s account twice (2) per month in accordance with the schedule below (Partner Earnings Schedule):
- Partner Earnings for Organizing Services completed between the first day and the fifteenth day of the month are applied to the Service Providers account on the twentieth day of the month, unless the twentieth day of the month falls on a Saturday, then the Partner Earnings will be applied on the Ninetieth, and if the twentieth day of the month falls on a Sunday, then the Partner Earnings will be applied on the Twenty-first day of the month.
- Partner Earnings for Organizing Services completed between the sixteenth day and the last day of the month are applied to the Service Providers account on the fifth day of the month, unless the fifth day of the month falls on a Saturday, then the Partner Earnings will be applied on the fourth day of the month, and if the fifth day of the month falls on a Sunday, then the Partner Earnings will be applied on the sixth day of the month.
The Partner Earnings Schedule may be adjusted from time to time by Me In Order, in its sole discretion, provided however that such payment period shall at no time be less than once monthly. Service Providers are charged a service fee as described in Section 9.4. Where required by law, the amount charged will also be inclusive of applicable taxes.
9.4 Service Fees. We charge service fees for some aspects of the Me In Order Service. If you are a Service Provider, except where otherwise specified via the Me In Order Service, our service fee is calculated as a percentage of the fees a Client agrees to pay to you in a Booking and is collected from each Booking. Our service fees are described here.
9.5 Cancellations & Refunds.
- Cancellations by Service Provider. If a Service Provider cancels a Booking prior to the service period identified in the Booking, we will refund any prepaid fees paid by the Client for Organizing Services not provided, as well as any service charge paid to Me In Order. Service Providers can appoint a substitute Service Provider (as agreed by the Client and so long as the substitute has an active account on the Me In Order Service and has agreed to accept a Booking) by contacting Me In Order to modify the Booking. If you do not find a substitute and repeatedly cancel accepted Bookings without justification, Me In Order may terminate your account. Unless otherwise agreed by Me In Order in advance in writing, Service Provider shall not assign or delegate its duties and obligations to perform the Me In Order Service.
- Cancellations by Client. If a Client prepays for Organizing Services and cancels a Booking prior to the service period specified in a Booking, we will refund fees in accordance with the cancellation policy associated with the Me In Order Service. The Client Cancellation policy is located in Section 9 of the Me In Order™ Membership Benefits and Privileges Agreement. Pursuing the collection of Cancellation Fees from Clients is at the discretion of the Service Provider with the designation of “Team Captain.” While the Me In Order Service includes assistance with the collection of Cancellation Fees, Me In Order does not actively pursue the collection of Cancellation Fees without the expressed consent of the Service Provider designated as the “Team Captain.”
- Force Majeure. The cancellation policies described herein may not apply in the event of certain emergency situations beyond the control of Service Providers and/or Clients that make it impossible or impractical to perform agreed Bookings, such as evacuations resulting from earthquake, hurricane, wildfire, flood, war, riots or other similar disaster. In such cases Me In Order may, in its reasonable discretion, issue refunds under terms of the Me In Order™ Membership Benefits and Privileges Agreement.
- Refunds for Failure to Perform. If we determine in our reasonable discretion that a Service Provider has failed to provide Organizing Services as agreed with the Client or is otherwise in breach of these Terms, then we may, in our reasonable discretion, cancel a Booking and/or issue a full or partial refund to a Client.
- General Terms for Cancellations. If you wish to cancel a Booking, you should use the mechanisms available through the Me In Order Service to do so. For purposes of the policies and terms in this Section 9.5, the date of cancellation is the date that a user cancels through the Me In Order Service, regardless of any separate communications between users outside of the Me In Order Service.
- Payment Disputes; Payment Outside of the Me In Order Service. Me In Order initiates payments to Service Providers according to the Partner Earnings Schedule in Section 9.3. Once these amounts have been disbursed, any further payment disputes are between the Client and Service Provider, and Me In Order has no obligation to mediate or facilitate any resolution. Further, Me In Order has no responsibility or liability with respect to any tips, bonuses, or other payments made outside of the Me In Order Service.
9.6 Payout Holds. Me In Order reserves the right to issue a hold on amounts otherwise payable to Service Providers pursuant to Section 9.3 if (1) Me In Order has been unable to collect payment from either the Client or the Service Provider, (2) there is a reasonable suspicion of fraudulent activity involving your account(s) or for other similarly compelling reason involving protection of Me In Order, the Me In Order community or third party rights. We may also recommend that third party payment service providers restrict your access to funds in your account under the same circumstances.
9.7. Taxes. Service Provider understands and agrees that they shall be solely responsible for the remittance of income taxes and the reporting of self-employment, or corporate taxes on the appropriate tax forms. Me In Order has not, is not and shall not be obligated to make, and it is the sole responsibility of the Service Provider to make, all periodic filings and payments required to be made in connection with any withholding taxes, FICA taxes, federal unemployment taxes, and any other international, federal, state or local taxes, payments or filings required to be paid, made or maintained in connection with any Payouts received by Service Provider by Me In Order. Me In Order has not, will not and shall not be obligated to provide workers’ compensation or medical insurance for Service Providers. Me In Order has not, will not and shall not be obligated to provide any minimum compensation, vacation pay, sick leave or any other fringe benefit to Service Provider.
10. Background Checks and Identity Verifications.
Me In Order may provide Service Providers with access to third party consumer reporting agencies that perform, among other things, personal identification verification services (“Identity Verification”) or criminal records checks, sex offender registry checks, motor vehicle records checks and/or identification verifications (collectively, “Background Checks”). We do not provide, and are not responsible or liable in any manner for, the Background Checks or Identity Verifications, and we do not endorse or make any representations or warranties regarding the reliability of such Background Checks or Identity Verifications or the accuracy, timeliness or completeness of any information in the Background Checks or Identity Verifications. We do not independently verify information in the Background Checks or Identity Verifications.
When you undergo a Background Check or Identity Verification via the Me In Order Service, you hereby consent to the collection, use and disclosure of the information in the Background Check or Identity Verification, and you agree to provide complete and accurate information for your Background Check or Identity Verification. You understand and agree that Me In Order may, in its sole discretion, review and rely on the information in the Background Check or Identity Verification in deciding whether to suspend or terminate or investigate a complaint about a Service Provider, but also that we are not obligated to do so, and are not responsible or liable in any way in the event that any information in any Background Check or Identity Verification is not accurate, timely or complete. If you are the subject of a Background Check or Identity Verification, you may contact the applicable third-party consumer reporting agency to dispute the accuracy, timeliness or completeness of such information. You agree that Me In Order’s rights and obligations under the Arbitration Agreement in section 17 inure to the benefit of the consumer reporting agency used for Background Checks or Identity Verification in respect of any claim that would be subject to the Arbitration Agreement if brought against us. Me In Order reserves the right to suspend or terminate your access to the Me In Order Service based on information in the Background Check or Identity Verification or for any other reason, or no reason, in our sole discretion.
11. Non-solicitation and Noncompetition.
11.1 Non-Solicit. Service Provider agrees that during their use of the Me In Order Service and for a period of three (3) years after their inactivation, suspension or termination of their access to the Me In Order Service, (the “Restricted Period”) for any reason, Service Provider will not, either directly or indirectly, either alone or in concert with others, in any way solicit or entice any other Service Provider, associate, consultant, or employee of Me In Order to leave Me In Order to work for any person or entity in competition with Me In Order or any of its affiliates. Service Provider further agrees not to induce or attempt to induce any, supplier, vendor, corporate partner, or other business associate of Me In Order to cease doing business with Me In Order or in any way interfere with the relationship between Me In Order and any of its suppliers, vendors, corporate partners or business associates.
11.2 Non-Compete. Service Provider agrees that during their use of the Me In Order Service they will not plan or otherwise take preliminary steps, either alone, or in concert with others, to set up or engage in any business enterprise that would be in competition with Me In Order or any of its affiliates. Furthermore, during their use of the Me In Order Service, Service Provider agrees not to induce or engage in paid advertising that would be in competition with advertising already provided by the Me In Order Service. Therefore, Service Provider agrees to obtain written permission from Me In Order to induce or engage in any paid advertising related to organizing services. Furthermore, Service Provider agrees to display “Powered by Me In Order” in all paid advertising and marketing approved by Me In Order.
12. Third Party Services, Links.
The Me In Order Service may contain links to third party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement of such websites or resources, or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED UNDER ANY APPLICABLE LAW AND EXCEPT AS OTHERWISE PROHIBITED BY APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ME IN ORDER HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) transactions and interactions, online or offline, with other users of the Me In Order Service; (2) breach of these Terms; (3) disputes with other users of the Me In Order Service; (4) your misstatements, misrepresentations, or violation of applicable law; (5) property damage or personal injury to third; (6) Your Content; or (7) your use of any Background Check or Identify Verification information in violation of any applicable law. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
14. Intellectual Property.
14.1 Me In Order Service. Me In Order and its licensors retain all right, title and interest in and to the Me In Order Service, the technology and software used to provide it, all electronic documentation and content available through the Me In Order Service (other than Your Content), and all intellectual property and proprietary rights in the Me In Order Service and such technology, software, documentation and content. Except for your rights to access and use the Me In Order Service set forth in these Terms, nothing in these Terms licenses or conveys any of our intellectual property or proprietary rights to anyone, including you. You agree that we will have a perpetual right to use and incorporate into the Me In Order Service any feedback or suggestions for improvement that you provide to us concerning the Me In Order Service, without any obligation of compensation.
14.2 Me In Order Trademarks. Me In Order owns all rights in and to its trademarks, service marks, brand names and logos (the “Me In Order Marks”). If you are a Service Provider, Me In Order grants you, for so long as you are in good standing on the Me In Order Service, a limited, revocable, non-exclusive, non-transferable license to use the Me In Order Marks solely: (1) in the form incorporated into goods, including customizable marketing collateral (promo cards, signage etc.), made available for purchase via the Me In Order Store and/or (2) in any other manner specifically authorized in writing via the Me In Order Service. As a condition of exercising such license, you agree that (1) all goodwill associated with your use of the Me In Order Marks inures solely to the benefit of Me In Order, and (2) such license immediately terminates upon your ceasing to be a Service Provider in good standing, whether at your own option or because Me In Order suspends or terminates your rights to use the Me In Order Service.
15. Warranty Disclaimer for the Me In Order Service.
The information and materials found on the Me In Order Service, including text, graphics, information, links or other items, are provided “as is” and “as available.” Reviews, profiles, advice, opinions, statements, offers, or other information or content made available through the Me In Order Service, but not directly by Me In Order, are those of their respective authors, who are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ME IN ORDER DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE ME IN ORDER SERVICE; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN ME IN ORDER; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE ME IN ORDER SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ME IN ORDER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE ME IN ORDER SERVICE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. IN ADDITION AND WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY SERVICE PROVIDER THAT OFFERS ORGANIZING SERVICES VIA THE ME IN ORDER SERVICE.
16. Limitation of Liability.
16.1 Exclusion of Certain Types of Damages. To the maximum extent permitted under applicable law, in no event will Me In Order be liable to you for any indirect, special, incidental, or consequential damages, or for any business losses, or loss of profit, revenue, contracts, data, goodwill or other similar losses or expenses that arise out of or relate to the use of or inability to use the Me In Order Service, including without limitation damages related to any information received from the Me In Order Service, removal of your profile information or review (or other content) from the Me In Order Service, any inactivation, suspension or termination of your access to the Me In Order Service, or any failure, error, omission, interruption, defect, delay in operation or transmission of the Me In Order Service, even if we are aware of the possibility of any such damages, losses or expenses. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
16.2 No Liability for non-Me In Order Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ME IN ORDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE ME IN ORDER SERVICE, INCLUDING WITHOUT LIMITATION, PROPERTY DAMAGE, THEFT, BODILY INJURY, DEATH, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM RELIANCE ON INFORMATION OR CONTENT POSTED ON OR TRANSMITTED THROUGH THE ME IN ORDER SERVICE, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE ME IN ORDER SERVICE, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO ATTEMPT TO DEFRAUD OR HARM YOU.
IF YOU HAVE A DISPUTE WITH ANOTHER SERVICE PROVIDER OR A CLIENT, YOU AGREE TO RELEASE ME IN ORDER FROM ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, EXCEPT AS SPECIFICALLY SET FORTH IN THE ME IN ORDER GUARANTEE. IN NO EVENT WILL ME IN ORDER BE LIABLE FOR DIRECT OR INDIRECT CONSEQUENCES OF A CLIENT OR SERVICE PROVIDER FAILING TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
17. Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND ME IN ORDER CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE SERVICE PROVIDERS AND ME IN ORDER TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. Any dispute or claim relating in any way to your use of the Me In Order Service, or to the information, content, materials, products, services and other offerings included on or otherwise made available to Service Providers through the Me In Order Service will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if their claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing their claim to Me In Order Communities LLC, 801 Northpoint Parkway, Suite 51, West Palm Beach, FL 33407, Attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “AAA’s Rules”). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Me In Order will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Me In Order will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the state where you live, or at another mutually agreed location.
You and Me In Order each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, the Service Provider and Me In Order each waive any right to a jury trial. You and Me In Order also both agree that Me In Order may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding any other provision of this Agreement or the AAA’s Rules, to the fullest extent allowed by law: (A) You and Me In Order agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (as amended, “PAGA”), or the California Labor Code § 2698 et seq., in any court or in arbitration, and (B) for any claim brought on a private attorney general basis, including under PAGA, both Service Provider and Me In Order agree that any such claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement or the AAA’s Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND ME IN ORDER ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.
ADDITIONAL TERMS AND CONTACT INFORMATION
18. Governing Law and Jurisdiction.
These Terms, and any dispute between you and Me In Order, will be governed by the laws of the State of Florida, without regard to principles of conflicts of law, except that the AAA will govern the interpretation and enforcement of Section 17 (the Arbitration Agreement). Unless you and we agree otherwise, or except where prohibited by applicable law, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that arises between you and Me In Order must be resolved exclusively by a state or federal court located in the State of Florida. You and Me In Order agree to submit to the personal jurisdiction of the courts located within West Palm Beach, Florida for the purpose of litigating all such claims or disputes.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other. Neither party will have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that will be binding on the other, except as provided for herein or authorized in writing by the party to be bound. These Terms are non-exclusive and do not prohibit Service Providers from offering organizing services through other third parties. The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
For questions or concerns about the Me In Order Service or these Terms, please contact the Me In Order Help Desk at (866) 971-1113.