TERMS & CONDITIONS
This Website (CabinCareWNC.com) and the services of CabinCare WNC, LLC. (the “Services,” and “CabinCare”) are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”). Your use of this Website or submission of service requests via telephone our through our website (www.CabinCareWNC.com), or through our booking and scheduling partners, constitutes your agreement to all such terms, conditions and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by CabinCare (including but not limited to CabinCareWNC.com, and any associated app, etc) and collectively referred to herein as ” CabinCare,” on which a link to these Terms & Conditions appear. If you have any questions regarding these Terms & Conditions, you may contact us at www.CabinCareWNC.com. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on January 16, 2019.
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19.
- INTRODUCTION TO CABINCAREWNC Upon registration, you may choose your own password or CabinCare will assign you a password to access the Services through the CabinCare website or apps.
- THE STANDARD SERVICES (FIXED PRICE SERVICES ARE SET FORTH IN SECTION 12) At CabinCare we are committed to making your total CabinCare experience a positive one. There are several ways you can find service professionals through CabinCare (collectively, “Service Professionals”). Our online account management and scheduling platform is where you will be able to request a specific task to be completed on a paid basis, schedule a time to meet and or discuss a specific project, or provide a referral for a specific task to be completed. Also, you may select or search for individual Service Professionals from our Live Directory (a.k.a. www.MountainCraftsmen.org), a directory of Service Professional members along with their ratings and reviews.
- Instant Booking.You can choose to schedule appointments with us right on the CabinCare website. Please be aware that CabinCare makes every effort to show up for all scheduled appointments on time as scheduled, however does not guarantee that we will be on time for, and show up for, booked appointments.
- Release from Damages or Claims.Should you have a dispute with respect to any services provided by CabinCare or the fees charged by CabinCare, you must address such dispute with CabinCare management directly. YOU HEREBY AGREE TO RELEASE CABINCARE (AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH CABINCARE.
- YOUR USE OF THE CABINCARE SERVICES AND PROHIBITED USES. You acknowledge and agree that your use of CabinCare is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect CabinCare content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use CabinCareWNC.com to recreate or compete with CabinCare, to solicit, to harass, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to CabinCare for any such damages and will indemnify CabinCare in the event of any claims against CabinCare based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any CabinCare Services, products or properties at any time. All information about CabinCare is confidential and for your personal use only. If it is determined or suspected by CabinCare in its sole discretion that you are misusing or attempting to misuse or circumvent the CabinCare services, offering employees or subcontractors financial incentives to do side work without the written and expressed approval of CabinCare management, or are using or attempting to use information for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, CabinCare reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- PAYMENTS. We may allow you to pay for goods or services provided, through the CabinCare website, apps, or once the services have been completed. Should you have any dispute with the goods or services provided you select, as set forth in in Section 2, #7, you must contact CabinCare management directly through email (CabinCareWNC@gmail.com), to make them aware of your concern, to describe what your concerns are and to resolve such dispute. However, if the dispute is regarding the amount of money that you paid for the services (including that you were not charged the amount you agreed to in your agreement) please advise us immediately. If we have not heard from you with documented proof of any issues provided within ten (10) days after the payment has been made for the Service provided, the purchase of the services is final and you will not be entitled to a refund, except as may expressly be limited by Federal, state or local law.
- INFORMATION YOU PROVIDE TO US/TCPA CONSENT.Upon using CabinCare, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to the Service Professionals who will need this information to respond to and facilitate your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals via phone, fax (do people use these anymore?), email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize CabinCare to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either CabinCare or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the CabinCare website, communications concerning promotions run by us, and news concerning CabinCare and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement.
You agree that by completing a service request, you are entering into a business relationship with CabinCare and/or a subcontracted Service Professional and thus agree to be contacted by CabinCare and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or CabinCare has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CabinCare has the right to refuse any current or future use of the CabinCare Services (or any portion thereof) by you.
You are responsible for any use of the CabinCare Services by persons to whom you intentionally or negligently allow access to your password. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from CabinCare at any time. You may opt-out of receiving all text (SMS) messages from CabinCare (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however, you acknowledge that opting out of receiving all texts may impact your use of the Services. You also acknowledge that CabinCare or its third-party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to CabinCare’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by CabinCare. During this process, CabinCare and its service provider may receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to CabinCare’s use and disclosure of this call data for its legitimate business purposes.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO CABINCARE AND THE SERVICE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE’S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO CABINCARE AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF CABINCARE AND EACH OF THE AFFECTED SERVICE PROFESSIONALS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
- PLATFORM MESSAGING. By submitting a service request, you agree that CabinCare and the Service Professionals may send you informational text (SMS) messages as part of the normal business practice of CabinCare. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from CabinCare at any time by texting the word STOP from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from CabinCare and the Service Professionals, your use of CabinCare Services may be impacted. CabinCare and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via CabinCare’s messaging platform.
- DISPUTE RESOLUTION ASSISTANCE. The CabinCare resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement repair or maintenance project with CabinCare. You must participate and use good faith efforts to resolve problems through the CabinCare resolution process. You agree not to refuse to pay CabinCare or a Service Professional without a good faith basis for doing so. You agree that CabinCare is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
- CALL RECORDING. You acknowledge and agree that CabinCare may monitor and/or record any telephone calls between you and CabinCare.
- USER GENERATED CONTENT. You agree that all of the content and information posted by you or your agents or designees on CabinCare, including but not limited to:
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content (known collectively as “Content”) is the sole and exclusive property of CabinCare, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License.You hereby grant CabinCare and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the CabinCare and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content.By posting or providing any Content to CabinCare, you represent and warrant to CabinCare that you own or have all necessary rights to use the Content and grant to CabinCare the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines.CabinCare reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any CabinCare owned or operated websites or apps if CabinCare determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage CabinCare.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
AN ESTIMATE PROVIDED IS A SERVICE TO OUR CUSTOMERS. HOWEVER, AS EACH REQUEST IS CUSTOM IN NATURE AND EACH SITUATION UNIQUE, SO TOO IS EACH ESTIMATE. OUR ESTIMATE COVERS LISTED SERVICES ONLY AND IS BASED ON THE INFORMATION PROVIDED TO US AT THE TIME – CHANGES OR ADDITIONS MAY INCREASE COSTS. ESTIMATES VALID ONLY UNTIL EXPIRATION DATE SPECIFIED, UNLESS OTHERWISE PROVIDED IN WRITING.
THIS ESTIMATE IS THE FOR COMPLETING THE JOB AS DESCRIBED WITHIN THE ESTIMATE PROVIDED. IT IS BASED ON OUR EVALUATION AND DOES NOT INCLUDE MATERIAL PRICE INCREASES OR ADDITIONAL LABOR AND MATERIALS WHICH MAY BE REQUIRED SHOULD UNFORESEEN PROBLEMS OR ADVERSE WEATHER CONDITIONS ARISE AFTER THE WORK HAS STARTED.
ANY ALTERATIONS OR DEVIATIONS FROM THE ABOVE SPECIFICATIONS INVOLVING ADDITIONAL COSTS WILL BE IN ADDITION TO THE ORIGINAL ESTIMATE AND AGREEMENT. ALL AGREEMENTS CONTINGENT UPON CONDITIONS, ACCIDENTS, OR DELAYS BEYOND OUR CONTROL. THIS ESTIMATE IS FOR THE WORK REQUESTED BASED ON THE ESTIMATED START OF WORK DATE PROVIDED. PRICES OF LABOR AND/OR MATERIAL MAY CHANGE THE AMOUNT THAT WILL BE INCLUDED IN THE FINAL BILL. IF ANY PURCHASES ARE REQUIRED, A RECEIPT WILL BE PROVIDED ALONG WITH THE BILLABLE TIME REQUIRED TO EXECUTE THE PURCHASE WITHIN THE FINAL BILL.
FIXED PRICE SERVICES
- CabinCare provides certain services labeled “Fixed Price Services” or “Flat Rate Services.” Through Fixed-Price Services or Flat Rate Services, you will often be requested to pay for your home service upfront and book the time and date of your service through our secure online portal
- Fixed Price Payments
- Payments. Users of the CabinCare Platform for Fixed Price Services purchased and paid for on the CabinCare website, contract for Professional Services directly. The CabinCare Platform facilitates these requests by supplying a medium through which individuals seeking to obtain services (“Requesters”) can connect with us, schedule certain services requested by the Requesters, which are to be completed by CabinCare, are hereinafter referred to as “Professional Services”, and make payments for Professional Services (“Payments”). Requesters are obligated to pay a portion of the services in advance for the Professional Services they order through the CabinCare Platform. Prior to the scheduled Professional Service, we will charge the Requester’s credit card according to the amount the Requester has agreed to on the CabinCare Platform with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in Section 12.e. below), and the Requester hereby authorizes CabinCare to charge the credit card on file in the Requester’s CabinCare Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving CabinCare (or a third-party payment processor on CabinCare’s behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe CabinCare. Depending on the transaction you selected, or services requested, CabinCare may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with CabinCare at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying CabinCare. Requesters must notify CabinCare by changing the date or hours of the requested Professional Service through the CabinCare Platform. All Payments by Requesters must be made through the CabinCare Platform. Any Payments paid or Professional Services scheduled outside of the CabinCare Platform are not subject to our CabinCare Guarantee in Section 12.d. below. Except for the CabinCare Guarantee in Section 12.d., no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on CabinCare’s income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to CabinCare or third parties, then CabinCare may withhold any payments to you for as long as we determine any related risks to CabinCare or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service (“Job Rate”) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the CabinCare platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. CabinCare cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the CabinCare Contact Center at https://go.thryv.com/site/CabinCareWNC/activity/dashboard or by mailing a notice of cancellation to CabinCare, LLC. Attn.: Legal, PO Box #1314 Cashiers, NC. 28717. Requesters must cancel more than twelve hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- CabinCare Guarantee (APPLIES ONLY TO FIXED PRICE SERVICES); Claims
- The CabinCare Guarantee provides certain limited additional protections for Professional Services. Pursuant to the CabinCare Guarantee and subject to the below terms and conditions and limitations. The Service Requester is eligible for the CabinCare Guarantee provided that the Requester reports the issue vie email (CabinCareWNC@gmail.com) within seventy-two (72) hours of the Professional Service appointment to our Requester service by visiting the Client Center Portal at https://go.thryv.com/site/CabinCareWNC/activity/dashboard. If the Service Requester does not report the issue via email within seventy-two (72) hours of the Professional Service appointment, the claim is ineligible for the CabinCare Guarantee. For Recurring Services, each Professional Service is treated as a separate occurrence.
- If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary, and the CabinCare Guarantee is secondary.
- Fixed Price Payments
- A Requester will be covered under the CabinCare Guarantee for a Professional Service, subject to the exclusions in subsection (iv) below, provided:
- The Professional Service is agreed to between a Requester and a Professional using the CabinCare Platform, performed by the Professional hired by the Requester and paid for in full through the CabinCare Platform;
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester’s CabinCare account is in good standing with no outstanding balances owed to CabinCare.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service; and The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
What is excluded from the CabinCare Guarantee? The “CabinCare Guarantee” does not cover the following:
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc);
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a t.v. that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses excluded pursuant to Section 2 and Section 20 of the Agreement;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by CabinCare; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the CabinCare Platform; and
- losses reported by third parties.
How do I submit a Claim? First report of a claim must be made within 72 hours from when the Professional Service occurs via email (CabinCareWNC@gmail.com). After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the CabinCare Guarantee. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During CabinCare’s claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send CabinCare the requested information. If you fail to provide the requested information within the 30-day time period and/or fail to contact CabinCare to arrange for an extension of time, your claim will be considered closed and no longer eligible for the CabinCare Guarantee. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow CabinCare or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Professional; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the CabinCare resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the CabinCare Guarantee, You will be required to execute and deliver to CabinCare the release agreement within 14 days of receipt of the release agreement from CabinCare, and assign to CabinCare or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to CabinCare within 14 days of Your receipt and the claim shall no longer be eligible for the Handy Guarantee.
CabinCare Trust and Support Fee. CabinCare may assess an additional “Trust and Support Fee” to support the Fixed Price services, including costs related to background checks, insurance, customer support, and related services provided to you by the CabinCare Fixed Price services The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Fixed Price services (e.g., if you requested a Recurring Service, a Trust and Support Fee may be assessed on each Recurrent Service appointment). The amount of the Trust and Support Fee may vary but shall be retained by CabinCare in its entirety.
Cleaning Plan with a Minimum Commitment.
- Minimum Commitment Plan Term: If you have selected a Professional Services cleaning plan with a minimum commitment, your minimum commitment plan term commences on the date of your first appointment.
- Minimum Commitment Plan Cancellation Fee: If you have selected a Professional Services cleaning plan with a minimum commitment, you will be subject to and charged a cancellation fee up to USD $150 in the US should you elect to terminate the Professional Services cleaning plan prior to the expiration of your minimum commitment period.
- Rescheduling Cleaning Plan appointments during the Minimum Commitment Period: If you have selected a Professional Services cleaning plan with a minimum commitment, you can reschedule any cleaning plan appointment for free at least 24 hours in advance of the scheduled start time, provided such rescheduled appointment will occur within the minimum commitment period. If you reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a USD $15 fee. If you reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan appointment within the minimum commitment period or reschedule any cleaning plan appointment within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the appointment and in addition, your account will be credited the amount you are charged. Such merchandise credit will be available for your use during the minimum commitment period only as a merchandise credit to use to book one-off replacement cleaning appointments or handyman appointments, and after the minimum commitment period ends, you may apply such merchandise credits to cleaning appointments and handyman appointments. No monetary refunds will be provided for cleaning plan appointments that are skipped within the minimum commitment period or any cleaning plan appointment within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if you skip any cleaning plan appointment between 2-24 hours before a scheduled appointment, you will also be charged an additional USD $15 cancellation fee and if you skip any cleaning plan appointment during the 2 hours before a scheduled appointment, you will be charged the full amount of the appointment, and will not be eligible for any credit.
- Expiration of Cleaning Plan with Minimum Commitment. Once your minimum commitment period is complete, your selected plan will remain active and the CabinCare Platform will automatically schedule Professional Service appointments to occur on future dates indefinitely at the frequency requested by you and will charge your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in Section 3.g. below.
Cancellation Policy for Service Cancellation by Requester of Cleaning Plans without a Minimum Commitment, Cleaning Plans after completion of the Minimum Commitment period and One-Time Professional Service appointments. CabinCare’s cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the CabinCare Platform at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the CabinCare Contact Center at http:?? or by mailing a notice of cancellation to CabinCare, Inc. Attn.: Legal, PO Box #13114 Cashiers, NC. 28717.
- Membership: CabinCare may from time to time offer Requesters the opportunity to purchase one-time cleaning Professional Services provided the Requester first agrees to purchase an annual or monthly CabinCare Platform Select Membership (“CabinCare Select”).
- Billing and Renewal: When you first sign up and purchase CabinCare Select, you will be billed immediately for your initial CabinCare Select subscription period. By enrolling in CabinCare Select, in addition to any Professional Services you purchase through CabinCare Select, you authorize CabinCare to charge you for your initial CabinCare Select subscription period and a recurring annual or monthly membership at the then current rate, which may change from time to time. Your CabinCare Select will automatically renew and prior to the start of the next subscription period, you will be charged the applicable CabinCare Select fee to your provided payment method on a recurring basis until canceled as set forth herein. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR CABINCARE SELECT TO AUTO RENEW, YOU UNDERSTAND THAT YOUR CABINCARE SELECT WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE CABINCARE (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
- Cancellation Fees: The cancellation and rescheduling of any cleaning Professional Service while you are enrolled in CabinCare Select is subject to the cancellation policy, including the payment of any cancellation fees, as further described in Section 3.g. above.
- Declination of Payment: If an eligible payment method CabinCare has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your CabinCare Select will be canceled. If you provide us with a new eligible payment method and are successfully charged, your CabinCare Select period will be based on the original enrollment or renewal date and not the date of the successful charge.
- Cancellation of CabinCare Select: You will not be charged a CabinCare Select fee for the subsequent period if you cancel your CabinCare Select at least three days before your next CabinCare Select renewal date. You may cancel your CabinCare Select by visiting the Handy Contact Center at https://www.CabinCareWNC.com/contact or by mailing a notice of cancellation to CabinCare, Inc. Attn.: Legal, PO Box #1122, New York, NY 10159. Following cancellation of your CabinCare Select you will continue to have access to your CabinCare Select through the end of your current paid CabinCare Select period. Should you cancel your CabinCare Select, CabinCare reserves the right to cancel any Professional Service appointments scheduled outside the current paid CabinCare Select period.
- CabinCare Select Refunds: The CabinCare Select fees are nonrefundable except as only permitted pursuant to this subsection (vi). Subject to the following sentence, if you cancel your purchase of CabinCare Select within three days of (1) signing up for CabinCare Select or (2) converting from a free CabinCare Select trial to a paid CabinCare Select, we will refund your CabinCare Select fee. Notwithstanding the preceding sentence, you are not eligible for any refund of the CabinCare Select fee (a) if you purchased CabinCare Select prior to the expiration of the minimum commitment period of a Professional Services cleaning plan with a minimum commitment or (b) if you have used your CabinCare Select membership to purchase any Professional Services.
- Membership Plans/Promotional Trial Memberships: CabinCare sometimes offers certain Requesters various trial or other promotional memberships, which are subject to these Terms except as otherwise stated in the promotional offers.
Policy for Service Cancellation by Professional. When a Professional needs to cancel a scheduled Professional Service appointment, CabinCare generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional. However, CabinCare cannot guarantee that a canceled Professional Service appointment will be or can be selected or rescheduled by or to another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Promotional Credit. Promotional credit is only eligible for the specific services designated by CabinCare. Promotional credit is valid for a limited time only and expires on the date indicated when you receive the applicable promotional credit. Failure to use promotional credit before such expiration date will result in the forfeiture of promotional credit. CabinCare reserves the right to cancel promotional credit at any time. No refunds will be granted for any expired or canceled promotional credit. CabinCare promotional credit has no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use the CabinCare Platform. Promotional credits may not be purchased for cash and CabinCare does not sell promotional credit. Promotional credit is nonrefundable. Promotional credits will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services. Your CabinCare account will be billed for all fees and charges for use of any ineligible services. Each promotional credit can only be used once and your CabinCare account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional credit. Promotional credit you receive is personal to you. You may not sell, license, rent, or otherwise transfer promotional credit. Promotional credit may be applied only to your account, and may not be applied to any other account.
- Referral Credits. In the event that you are given a code through which you may refer a friend to CabinCare in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. CabinCare referral credits are redeemable only for Professional Services. CabinCare referral credits have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at CabinCareWNC@gmail.com
- Vouchers. CabinCare vouchers or promotional codes for special offers or discounts (“Vouchers”) may be available and can be used to pay in part or in full for Professional Services. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions. You agree that you will comply with all Voucher terms and conditions. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards.
ARTICLES AND OTHER CONTENT
CabinCare provides certain content relating to home improvement, repair, maintenance (“Articles”), on the CabinCare or apps, and via mobile applications owned and operated by CabinCare. Such Articles are provided “As-Is”, without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY SITES
The links in the CabinCare or apps will let you leave CabinCare’s Web site. The linked sites are not under the control of CabinCare and CabinCare is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. CabinCare is not responsible for webcasting or any other form of transmission received from any linked site. CabinCare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CabinCare of the site.
THIRD PARTY COPYRIGHTS AND OTHER RIGHTS
CabinCare respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at CabinCarewnc@gmail.com.
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE.
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the CabinCare server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of CabinCare. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the CabinCare or apps or any other CabinCare owned, operated, licensed or controlled site. Elements of the CabinCare or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any CabinCare web Site may be copied or retransmitted unless expressly permitted by CabinCare. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. CABINCARE AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. CABINCARE AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE CABINCARE WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. CABINCARE AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
YOU AGREE TO INDEMNIFY CABINCARE, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND ANY PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE CABINCARE SERVICES IN CONNECTION WITH THE CABINCARE WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND A SERVICE PROFESSIONAL, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
The exclusive means of resolving any dispute between you and CabinCare or any claim or controversy arising out of or relating to use of this Website and/or CabinCare’s services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against CabinCare any class action, class arbitration, or other representative action or proceeding.
*NOTICE OF RIGHTS*
- By using the Website and/or CabinCare’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and CabinCare. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against CabinCare may be commenced only in the federal or state courts located in Jackson County, North Carolina. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and CabinCare, shall be governed by the laws of the state of North Carolina without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You acknowledge and agree that the CabinCare Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and CabinCare’s sole obligation to you or any third party for any claim arising out of your use of the CabinCare Services or the CabinCare or apps, is that you are free to discontinue your use of the CabinCare Services or the CabinCare or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, CABINCARE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT CABINCARE SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF CABINCARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Terms and Conditions will inure to the benefit of CabinCare’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of CabinCare to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of North Carolina as such laws are applied to agreements entered into and to be performed entirely in the State of North Carolina and between North Carolina residents and property owners. You agree to submit to jurisdiction in North Carolina and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Jackson County, North Carolina. These Terms and Conditions constitute the entire agreement between you and CabinCare and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.
2019 CabinCare, WNC, LLC. All rights reserved.