The Clean Life SD Terms of Use / User Agreement for California Residents

These Terms of Use, together with the privacy policy available at www.thecleanlifesd.com and the rules, policies, terms, and conditions set forth in, referred to, and/or linked herein, all of which are incorporated herein by reference, are collectively referred to as the “Agreement.”

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 19 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d)-(g).

This Agreement constitutes a legal agreement between you (“you” or “User”) and The Clean Life SD and its affiliates, parents, and subsidiaries (collectively, “The Clean Life SD” or “us”). This Agreement governs your use of our services and platform that facilitate communications between Users, offered through our website located at www.thecleanlifesd.com, as it may be modified, relocated, and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site, and Apps are collectively referred to as “The Clean Life SD Platform.”

By accessing, using, or registering with The Clean Life SD Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using The Clean Life SD Platform. The Clean Life SD’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using The Clean Life SD Platform, you represent and warrant that:
(i) You are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and
(ii) You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to act on behalf of that entity and to bind that entity to this Agreement.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:
• Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim (Section 19).
• Your agreement that no claims can be adjudicated on a class basis (Section 19).
• Your acknowledgment of and agreement to pay The Clean Life SD’s Trust and Support Fee that will be applied to each appointment of a Professional Service paid through The Clean Life SD Platform (Section 3(f)).
• Your acknowledgment of and agreement to The Clean Life SD’s dormant account service fees (Section 3(i)).
• Your acknowledgment of and agreement to The Clean Life SD’s cancellation policies and cancellation fees (Section 4(e)).
• If you enroll in a Recurrent Service, a Minimum Commitment Plan, and/or The Clean Life SD membership under these Terms, your agreement that your plan and/or membership will automatically renew after an initial term if you do not cancel in accordance with these Terms (Section 3(c), Sections 4(d)-(f)).
• Your agreement to release The Clean Life SD from liability based on claims relating to Services and otherwise (Section 17) and your agreement to the limitation of time within which a claim can be brought (Section 22).
• The Clean Life SD’s sole liability with respect to disputes is set forth in the Clean Life SD Satisfaction Guarantee (Section 3(d)). Home Improvement Referrals (as described in Section 3(g)) are NOT covered by the Clean Life SD Satisfaction Guarantee.
• Your agreement that the Clean Life SD Satisfaction Guarantee is limited to only Payments paid by Requesters through The Clean Life SD Platform for Professional Services that are booked and paid through The Clean Life SD Platform, and does NOT apply to Home Improvement Referrals or any Professional Services obtained from such Home Improvement Referrals.
• Your agreement to indemnify The Clean Life SD from claims due to your use, misuse, or inability to use The Clean Life SD Platform, the Merchandise, and/or Professional Services, your violation of this Agreement, applicable laws or third-party rights, and/or content or information submitted from your account to The Clean Life SD Platform (Section 18).
• Your consent to any modifications or amendments to this Agreement (Section 23).
• Your consent to the collection, use, sharing, and transfer of your data as outlined in the Privacy Policy as updated from time to time.

1. The Clean Life SD Platform; Screening

a. The Clean Life SD Platform.
The Clean Life SD Platform is a technology platform that makes available certain home services to individuals seeking to obtain home services (“Requesters”) that The Clean Life SD fulfills using independently-established home service providers customarily engaged in a trade, occupation, and/or business of providing the services requested (“Professionals”). Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services” or “Jobs.” Requestors understand and agree that Professionals’ agreement to provide requested Professional Services creates a contractual relationship between the Requestor and Professional, and Requestor and Professional may negotiate the terms of their contract. As described further in Section 4(e) below, no contractual relationship is created during a negotiation period associated with each Professional Service before a Professional is committed to the Professional Service. Professional Services also include Professional Services that are requested through Home Improvement Referrals, which are described further in Section 3(g) below. The Professional Services may include the delivery, installation, and/or assembly of furniture and/or other items obtained through The Clean Life SD Platform or from a third party (“Merchandise”), but shall not be deemed to include the Merchandise itself. The Clean Life SD does not itself provide Merchandise.

The Clean Life SD, through the Clean Life SD Platform, offers information and a method to obtain such Professional Services and/or Merchandise but does not and does not intend to provide such Professional Services or Merchandise itself or act in any way as a retailer or manufacturer, or as a cleaning, handyman, or other home-related or moving-related service provider, and except as expressly set forth herein disclaims any responsibility or liability for any Professional Services and/or Merchandise provided to the Requester, including, but not limited to, a warranty or condition of good and workmanlike services, warranty of fitness for a particular purpose, or compliance with any law, regulation, or code. The Clean Life SD is not affiliated with, endorsed, or sponsored by any third-party Merchandise provider or retailer.

b. Screening and Licensing.
FOR PROFESSIONALS THAT REGISTER TO USE THE CLEAN LIFE SD PLATFORM IN THEIR INDIVIDUAL CAPACITY, THE CLEAN LIFE SD CHECKS THE BACKGROUNDS OF PROFESSIONALS VIA THIRD-PARTY BACKGROUND CHECK SERVICES. FOR PROFESSIONALS THAT ARE REQUESTED THROUGH HOME IMPROVEMENT REFERRALS AND FOR PROFESSIONALS THAT ARE ENTITIES, THE BACKGROUND CHECK IS LIMITED TO THE OWNER/PRINCIPAL OF THE COMPANY AND MAY BE COMPLETED AFTER THE PROFESSIONAL CLAIMS AND PERFORMS THEIR FIRST JOB THROUGH THE CLEAN LIFE SD PLATFORM. Each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know.

Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. We always recommend that you ask the Professional to provide you with a copy of their license.

THE CLEAN LIFE SD PERFORMS SCREENING SOLELY AT THE TIME THE PROFESSIONAL APPLIES TO REGISTER ON THE CLEAN LIFE SD PLATFORM AND/OR AFTER A PROFESSIONAL COMPLETES THEIR FIRST JOB THROUGH THE CLEAN LIFE SD PLATFORM. THE CLEAN LIFE SD CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A PROFESSIONAL’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE CLEAN LIFE SD IS UNDER NO OBLIGATION TO UPDATE A PROFESSIONAL’S BACKGROUND CHECK OR PROFILE. BY USING THE CLEAN LIFE SD PLATFORM AND EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE REQUESTER AGREES TO HOLD THE CLEAN LIFE SD FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. THE CLEAN LIFE SD IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

3. Payments; Recurring Services and Recurring Charges; The Clean Life SD Guarantee; Claims; Dormant Account Service Charge.

a. Payments. Requesters are obligated to pay in advance for the Professional Services and/or Merchandise they obtain through The Clean Life SD Platform (“Payments”). 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 Clean Life SD Platform for those Professional Services and/or Merchandise, as well as any applicable fees, expenses, or taxes. The Requester hereby authorizes us to charge the credit card on file in their The Clean Life SD account for such amounts. Payments will be processed through third-party services. By accepting this Agreement, you give The Clean Life SD (or its third-party payment processor) permission to charge your on-file credit card, debit card, or other approved methods for fees owed. Charges may occur on a one-time or recurring basis, depending on the services selected. All payment details provided must be accurate, complete, and current.

You agree to pay all charges incurred using your credit card, debit card, or other payment method connected with services on The Clean Life SD Platform. We reserve the right to place a hold on your credit card for transactions ordered or completed. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint, we will mark the service as closed. Payments outside The Clean Life SD Platform are not subject to The Clean Life SD Guarantee. Refunds or credits are generally not provided unless determined otherwise in cases of specific promotions, corrections, or extenuating circumstances.

The Clean Life SD is not liable for damages resulting from released credit card or personal information. Requesters are responsible for transaction taxes (excluding income taxes on The Clean Life SD). If we determine any risks related to returns, disputes, or other issues, we may withhold payments to you or seek reimbursement.

b. Price. Pricing for Professional Services depends on factors such as location and frequency of service. Price adjustments will be communicated in advance, and you may cancel services if needed.

c. Recurring Service with Automatic Renewal and Recurring Charges.
i. When Requesters select recurring services, appointments will be scheduled indefinitely based on the chosen frequency. The Clean Life SD cannot guarantee the same Professional for each appointment.
ii. Billing for recurring services will automatically renew, and Requesters’ credit cards will be charged unless canceled more than 24 hours before the next scheduled service.

d. The Clean Life SD Guarantee.
i. In cases of dissatisfaction, The Clean Life SD may arrange for the service to be re-performed or provide compensation for damages, subject to terms and exclusions. Claims must be reported within 72 hours.

ii. Requesters’ personal insurance must be used as primary coverage, and The Clean Life SD Guarantee applies only to losses not covered by personal insurance.

iii. Coverage under the guarantee is subject to conditions, including payment through the platform, good account standing, and timely claim reporting.

e. Merchandise Refund Policy.
i. Merchandise refunds are typically managed through the manufacturer or distributor.
ii. If merchandise is damaged during a service, The Clean Life SD may replace it or re-perform applicable services at no additional cost.

f. Trust and Support Fee. The Clean Life SD may assess a fee to cover platform-related costs, such as background checks and customer support.

g. Dormant Account Service Charge. Accounts inactive for six months may incur a dormant account fee of up to $10 per month until reactivated or depleted.

Term and Termination; Cancellation of Professional Services; Minimum Commitment Plan with Automatic Renewal; Select and Savings Memberships with Automatic Renewals; Survival

a. Term.
This Agreement shall continue in full force and effect until terminated by either you or The Clean Life SD.

b. Termination by The Clean Life SD.
We may terminate this Agreement or suspend your access to The Clean Life SD’s services at any time for any reason, including breaches of this Agreement or policies, or inappropriate behavior (“Prohibited Conduct”). Notice of termination will be sent via email or written notice. Termination is effective immediately upon notice. In cases of termination unrelated to Prohibited Conduct, refunds will be issued for unperformed services. If terminated, you may not create another account. We reserve the right to take legal action as needed. Termination may result in the deletion of your account and its data.

c. Termination by You.
You may terminate this Agreement by ceasing all use of The Clean Life SD’s services and closing your account, provided no active services are pending under your account. If active services remain, the Agreement ends after service completion or cancellation under our policies.

d. Cleaning Plan with a Minimum Commitment.
• (i) Minimum Commitment Plan Term: The term begins on the date of your first service.
• (ii) Cancellation Fee: Canceling before the commitment period ends incurs a fee of up to $150.
• (iii) Rescheduling Policy: To maintain fairness, bookings canceled or rescheduled within 24 hours of the scheduled time will incur a fee equal to the full booking cost.
• (iv) Automatic Renewal: After the commitment period ends, your plan converts to a recurring service. Recurring appointments and payments continue indefinitely until canceled.
• (v) Cancellation of Recurring Service: Cancel recurring services at least 24 hours before the next appointment to avoid charges. Cancellation requests must be submitted through official channels.

e. Cancellation Policy for Non-Commitment Plans and One-Time Services.
• Cancel or reschedule services more than 24 hours in advance without penalty.
• Canceling or rescheduling between 2–24 hours To maintain fairness, bookings canceled or rescheduled within 24 hours of the scheduled time will incur a fee equal to the full booking cost.
• Canceling or rescheduling within 2 hours incurs full-service charges.

f. Membership Plans (Select and Savings):• Memberships renew automatically unless canceled in advance (minimum of three days for Select memberships).
• Cancellation of services during membership periods follows the cancellation policy above.
For full policy details or to cancel memberships, contact us via our help center or written notice.

6. Submission Areas. The Clean Life Sd Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities, and/or other message or communication facilities that allow Users to communicate with other Users and with The Clean Life Sd (collectively, “Submission Areas”). Some areas in the Submission Areas within The Clean Life Sd Platform will be public, and The Clean Life Sd will not be responsible for any information or materials posted in such public areas. The Clean Life Sd may, in its discretion, publicly post submissions you submit to a non-public area of The Clean Life Sd Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of The Clean Life Sd Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the The Clean Life Sd Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on The Clean Life Sd Platform, including but not limited to all images, videos, musical works, and text included in such postings and to such other persons and/or entities as The Clean Life Sd may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the The Clean Life Sd Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.
7. Rules for Use of The Clean Life Sd Platform. During the term of this Agreement, Requesters may use The Clean Life Sd Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use The Clean Life Sd Platform to request Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use The Clean Life Sd Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable cooperation to Professionals to enable them to supply Professional Services. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time. You shall NOT use The Clean Life Sd Platform (including but not limited to any Submission Areas) to do any of the following:
   a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
   b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
   c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
   d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
   e. Use The Clean Life Sd Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.
   f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
   g. Intentionally Omitted.
   h. Use The Clean Life Sd Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
   i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
   j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
   k. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
   l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through The Clean Life Sd Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
   m. Restrict or inhibit any other User from using and enjoying The Clean Life Sd Platform.
   n. Imply or state that any statements you make are endorsed by us, without our prior written consent.
   o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with The Clean Life Sd Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index The Clean Life Sd Platform in any manner, or attempt to do any of the foregoing.
   p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
   r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.
   s. Register to use The Clean Life Sd Platform under different usernames or identities, after your account has been suspended or terminated.
   t. Mirror or archive any part of The Clean Life Sd Platform or any content or material contained on The Clean Life Sd Platform without The Clean Life Sd’s written permission.
   u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.
   v. Alter transmission data without The Clean Life Sd’s consent.
   w. Purchase Merchandise for the purposes of reselling it.
8. The Clean Life Sd Spot Rewards. Upon signing up to use the Handy Platform, Requesters will be eligible to receive Spot Rewards and other special offers, from time to time. The number, type and frequency of Spot Rewards are based on a number of factors, each of which are subject to change, without notice. Those factors may include, without limitation, volume of bookings, number of visits and frequency of visits to our website, interaction with our website or the nature of your purchases. Spot Rewards are rewards issued on a periodic basis for promotional purposes.
   Spot Rewards may appear with different descriptions from time to time. The Spot Rewards may include The Clean Life Sd merchandise credits, third-party gift cards and are subject to change. Such rewards are provided in The Clean Life Sd’s sole and absolute discretion, may be offered for a limited time, while supplies last, and provided on a first-come, first-served basis. Quantities of each reward are limited and you must have a valid account in order to redeem spot reward offers.
   Spot Rewards have no intrinsic value, are promotional in nature, have no cash value, may have certain restrictions including expiration dates and short, time-limited redemption periods, and serve merely as a means to recognize and reward Requestors using the The Clean Life Sd Platform. Spot Rewards are personal to you and cannot be shared, copied or transferred. Spot Rewards are nonrefundable and non-exchangeable between accounts. Each Spot Reward can only be redeemed once. Your account will be billed for all fees and charges for use of any Professional Services in excess of the amount of available Spot Reward.
   You must be signed in to your account to be eligible to earn Spot Rewards. Spot Rewards applied from any single qualifying purchase or activity may only be credited to your account. It may take twenty-four (24) hours or more for your account to be credited. Handy shall not be responsible for, or liable to, you, or any person or entity, in any way for any losses, costs or expenses incurred by a delay, error or omission in crediting a qualifying purchase or activity to your account. The Clean Life Sd is not responsible for lost, stolen or damaged rewards or taxes incurred in connection with the rewards. Spot Reward may not be used in conjunction with any other promotional or incentive offer from Handy or any of its affiliates, subsidiaries, parents. Spot Reward are void in the event of fraud, misuse, or violation of any terms of the Agreement, or if sold for cash or other consideration. Some rewards may only be available to residents of a certain state. The Clean Life Sd reserves the right to change, modify or update its Spot Reward and the qualifying purchases and activities from time to time without notice. Spot Reward may be subject to additional terms; read each offer carefully for specific details, limitations and restrictions. Failure to use Spot Reward spot before such expiration date will result in the forfeiture of the Spot Reward. The Clean Life Sd reserves the right to cancel Spot Reward at any time. No refunds will be granted for any expired or canceled Spot Reward.
9. Lockbox The Clean Life Sd
   a. Use of Lockbox. The Clean Life Sd sources or provides lockboxes to eligible Users based on geography and booking appointment history. However, The Clean Life Sd is only sourcing or providing Users with lockboxes. The Clean Life Sd has no information about the lockbox codes except for the information inputted by User via the The Clean Life Sd Platform at User’s option. The Clean Life Sd strongly recommends changing the lockbox code after each service. User assumes full responsibility for changing the lockbox code after each service and protecting the identity of the lockbox code from third-parties. User further covenants and agrees that you will not misuse or abuse the lockbox in anyway.
   b. No Control. Once User acquires possession of the lockbox, The Clean Life Sd has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure, or any delays caused by lockbox failure or consequential damages.
   c. Key Access. For your security, The Clean Life Sd depends on User to provide and maintain accurate access inputs via the The Clean Life Sd Platform and will only reveal those inputs to Professionals who claim User’s bookings appointments. Once your key is placed in the lockbox, you agree that your key may be accessed only by you and/or a Professional. You agree that you will not provide lockbox codes and/or access to any third-parties.
   d. Permitted and Prohibited Uses. User agrees to only use the lockbox for lawful purposes. You agree to use the lockbox only in a manner consistent with any and all applicable laws, regulations, and The Clean Life Sd ‘s policies and procedures. The Clean Life Sd reserves the right to investigate and take action against any User who, in The Clean Life Sd’s sole discretion, violates this provision. Such action may include, without limitation, removing User from the The Clean Life Sd Platform.

The Clean Life Sd Vault
The Clean Life Sd utilizes KeyCafe, a third-party service, to store a User’s key(s). By opting in and agreeing to use The Clean Life Sd Vault, User agrees (i) to provide The Clean Life Sd with a copy of his or her key(s), (ii) allow The Clean Life Sd to store User’s key(s) in a KeyCafe kiosk, (iii) to allow The Clean Life Sd to share information with KeyCafe pertaining User’s key(s), (iv) that User will not have access to his or her key(s) through KeyCafe by participating in The Clean Life Sd Vault, and (v) that The Clean Life Sd employees and Professionals will have ongoing access to User’s key(s). User acknowledges and agrees that The Clean Life Sd is not responsible for the loss of User’s key(s) during the use of The Clean Life Sd Vault. Upon request through Handy’s Help Center at www.thecleanlifesd.com
The Clean Life Sd will mail User’s key(s) back within 14 days.

15. Modifications to the The Clean Life Sd Platform.We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the The Clean Life Sd Platform or any content or information on the The Clean Life Sd Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the The Clean Life Sd Platform.
16. Confidentiality. The term “Confidential Information” shall mean any and all of The Clean Life Sd ‘s trade secrets, confidential and proprietary information, personal information and all other information and data of The Clean Life Sd that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The The Clean Life Sd Platform contains secured components that are accessible only to those who have been granted a username and password by The Clean Life Sd . Information contained within the secure components of the The Clean Life Sd Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of The Clean Life Sd and agree that you will not use Confidential Information other than as necessary for you to make use of the The Clean Life Sd Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify The Clean Life Sd in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to The Clean Life Sd upon termination of this Agreement for any reason whatsoever.
17. Disclaimer of Warranties; Limitation on Liability.
    a. USE OF THE The Clean Life Sd PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE The Clean Life Sd PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE The Clean Life Sd PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE The Clean Life Sd PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE HANDY PLATFORM OR THIS AGREEMENT. ACCESS TO THE The Clean Life Sd PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER HANDY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE The Clean Life Sd PLATFORM. NEITHER The Clean Life Sd NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE HANDY PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. HANDY AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
    b. NO LIABILITY. YOU AGREE NOT TO HOLD The Clean Life Sd , ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE The Clean Life Sd PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL The Clean Life Sd OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE The Clean Life Sd PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE The Clean Life Sd’s HAPPINESS GUARANTEE, UNDER NO CIRCUMSTANCES WILL The Clean Life Sd OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE The Clean Life Sd PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE The Clean Life Sd’s HAPPINESS GUARANTEE. The Clean Life Sd AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE The Clean Life Sd PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT The Clean Life Sd OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO HANDY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE HANDY HAPPINESS GUARANTEE AS SET FORTH IN SECTION 3(d).
    c. RELEASE. The Clean Life Sd AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE The Clean Life Sd PLATFORM. TO THE EXTENT THAT THE The Clean Life Sd PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, The Clean Life Sd WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE The Clean Life Sd AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
    d. ADDITIONAL DISCLAIMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE The Clean Life Sd PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE The Clean Life Sd PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
    NOTHING IN THIS AGREEMENT OR THE The Clean Life Sd PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
    BY USING THE The Clean Life Sd PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE The Clean Life Sd PLATFORM.
    YOU ACCEPT THAT, AS A CORPORATION, The Clean Life Sd HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST The Clean Life Sd’s OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE The Clean Life Sd’s OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS The Clean Life Sd.
    EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

18.Indemnification. You hereby agree to indemnify, defend, and hold harmless The Clean Life Sd., its licensors, and each such party’s directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the The Clean Life Sd. Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the The Clean Life Sd. Platform. The Clean Life Sd. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of The Clean Life Sd..
19.Mutual Arbitration Agreement.
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and The Clean Life Sd., including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and The Clean Life Sd. may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to The Clean Life Sd. The Clean Life Sd email address for such notices is: thecleanlifesd.com
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and The Clean Life Sd agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, The Clean Life Sd will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
c. Excluded Disputes. You and The Clean Life Sd agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.
d.WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and The Clean Life Sd agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
f. Severability. You and The Clean Life Sd agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section 19 will be given full force and effect.
20.Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 19, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.
21.Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
22.General Provisions. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and The Clean Life Sd with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to The Clean Life Sd. The Clean Life Sd email address for such notices is: thecleanlifesd.com The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by The Clean Life Sd, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Handy shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond The Clean Life Sd’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
23.Changes to this Agreement. We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the The Clean Life Sd Platform. Your continued use of the The Clean Life Sd Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
24.Severability These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
25.Contact Information. If you have any questions regarding this Agreement, please contact us at thecleanlifesd.com
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE HANDY PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: 12/30/24