The terms and conditions stated in this web page (collectively, this “agreement”) constitute a legal agreement between you (collectively, “the customer”) and Miss Mops, a California corporation (collectively, the “company”). The customer, who receives any service by the company, hereby expressly acknowledges and agrees to be bound by the terms and conditions of this agreement.
The company reserves the right to modify the terms and conditions of this agreement or its policies relating to the service at any time. The updated version of the company’s terms of service will always be available at this web page and the customer has free access to it before, during, and after the service provided. The continued use of Miss Mops’s services after any change shall represent the customer’s consent to such change(s).
Miss Mops only offers the service to connect third party cleaning workers with its customers. Miss Mops does not intend to provide cleaning service or act in any way as a cleaning service provider, and has no responsibility or liability for any cleaning services provided to the customer by any third party.
The company only offers a method for allowing the connection between individuals pursuing to obtain cleaning services and/or individuals seeking to provide cleaning services. The company does not guarantee, warrant, nor make representations regarding the reliability, quality, or suitability of such cleaning service providers. Miss Mops is not responsible for any liability or damage that might arise from the transaction involved.
Miss Mops is not responsible for any employment taxes and workers’ compensation related to the cleaning worker(s) it referred to the customer, under state and federal law. The company is not the employer of the cleaning provider(s) it referred to the customer. It simply connects the cleaning provider(s) with the customer seeking for a cleaning service.
The customer agrees that no claim will be brought personally against the company’s officers or employees in respect to any losses in connection with the cleaning service contracted.
Any fees which the Company may charge the customer for any service are due immediately upon completion of the cleaning service and are non-refundable. This “no refund” policy shall apply at all times regardless of your decision to terminate your usage, the company’s decision to terminate your usage, disruption caused to our service whether planned, accidental or intentional, or any reason whatsoever.
The company may offer promotions, price discounts, and different rates to any of its customers. This, however, shall not have any bearing on your offer or contract.
The customer agrees not to solicit any of the cleaning service providers referred by the company to any person or firm, as long as those cleaning service providers are being referred by Miss Mops. A referral fee of $5,000 shall be paid to the company if the customer hires any cleaning service provider initially referred by Miss Mops, without Miss Mops’s consent. The customer also agrees not to solicit any of the cleaning service providers that Miss Mops refers to its customers. The company shall be compensated with $1,000 for each violation. The customer shall also be liable for any attorney fees required in the resolution of the matter.
The company reserves the right to modify or discontinue, temporarily or permanently, the service provided if the company believes that the customer has violated this agreement. The company shall not be liable to the customer or any third party for any modification, suspension or discontinuation of the service.
The company may notify the customer by electronic mail, or by standard mail. Such notice shall be deemed received upon the expiration of 48 hours after being postmarked or 12 hours after being sent electronically. The customer may notify the company using the same methods and the notification receipt shall be deemed following the aforementioned timeline. Miss Mops’s address is: 2371 Simas Ave, Pinole, CA, 94564.
By agreeing to use the company’s services, the customer warrants that he/she is legally entitled to enter this agreement. The company’s services are not available to persons under the age of 18 or those incapable of entering into binding contracts. The customer shall not share or let another person use his/her account, and the customer shall only use the services provided for lawful purposes.
The company will not participate in negotiations of disputes between the customer and third party providers. The quality of the cleaning service scheduled through the use of the service is entirely the responsibility of the third party provider who ultimately provides such cleaning services to the customer. The responsibility for the decisions the customer makes regarding services offered by Miss Mops rests solely with the customer.
This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. The customer and the company agree to submit to the personal jurisdiction of a state court located in Marin County, California, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of any kind.
The customer and the company shall agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice.
If an informal arbitration does not resolve the dispute, the dispute between the customer and the company shall be resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. The customer understands that if either party elects to arbitrate, neither party will have the right to sue in court or have a jury trial. The arbitration will be commenced and conducted 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. The arbitration fees and the share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules).
The customer and the company agree that any arbitration will be limited to the dispute between the company and the customer individually. The customer acknowledges and agrees that he/she and the company are each waiving the right to participant as a plaintiff or class member in any purposed class action or representative proceeding.
The failure of the company to enforce any right or provision in this agreement does not constitute a waiver of such right or provision unless acknowledged and agreed to by the company in writing. This agreement replaces any and every prior or current agreement or negotiation, written or not. Any contract signed between Miss Mops and the customer shall not represent a partnership, an employment relationship, or any type of joint venture.
By using the company’s website, you agree that this agreement is reasonable. If you do not think this agreement is reasonable, you shall not use the company’s service. If you have any questions regarding the Terms of Service or the company’s service, please contact us.