Welcome to MaidWizards! MaidWizards is an online dedicated to home renovation and design. We bring together homeowners, home professionals, sellers of home goods, and design enthusiasts. Through MaidWizards, people can find or offer design ideas, advice, products and services related to home renovation and design.
1. Using the MaidWizards .
- Who can use it. You must be at least the age of majority in the state where you live to use the MaidWizards . Use of the MaidWizards by anyone under 16 years of age is strictly prohibited!
- Profile for Professionals. If you are a professional services provider, you may set up a Professional Profile. If you do, you give us the right to list your Professional Profile in our directory of service providers, and you will be able to connect with others on the MaidWizards while identified by your professional profile. Your professional profile is subject to our MaidWizards Pro Services Terms and Conditions.
- Acceptable Use Policy. When using the MaidWizards , you agree to abide by common standards of etiquette and act in accordance with the law, as described further in our Acceptable Use Policy.
- Prohibited Products Policy. If you are a professional, vendor, or seller, who is authorized to offer products through the MaidWizards Shop, you agree to abide by the Prohibited Products Policy.
2. Your Content.
- Definition of Your Content. The MaidWizards enables you to post materials, including without limitation photos, profile pictures, messages, comments, proposals, invoices, to-do lists, schedules, change orders, time and expense tracking, Room Boards and tear sheets. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the MaidWizards will be referred to collectively as “Your Content.”
- License and Permission to Use Your Content. You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. 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 Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.
- Ownership. We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to MaidWizards product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for MaidWizards Business Purposes. “MaidWizards Business Purposes” means any use in connection with a MaidWizards-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the MaidWizards , the services or the information it contains, MaidWizards, or its affiliates. MaidWizards Business Purpose specifically includes the use of Your Content on the MaidWizards in connection with features and functions offered by MaidWizards to our users that enable them to view and interact with Your Content (such as Sketch, View in My Room and the embed tool).
- Your Responsibilities for Your Content. By posting, uploading, or submitting Your Content on the MaidWizards , you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate MaidWizards’s Acceptable Use Policy, MaidWizards Pro Services Terms and Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.
3. Our Content and Materials.
- Definition of Our Content and Materials. All intellectual property in or related to the MaidWizards (specifically including, but not limited to, our software, the MaidWizards marks, the MaidWizards logo, and MaidWizards buttons, badges, and widgets, but excluding Your Content), is the property of MaidWizards its subsidiaries and affiliates or its licensors (“Our Content and Materials”).
- No Endorsement or Verification. Please note that the MaidWizards enables access to third-party content, products, and services, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third-parties). For example, MaidWizards does not conduct background checks or otherwise vet the professionals listed on the MaidWizards . Participation or availability on the MaidWizards does not amount to endorsement or verification by us. We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the MaidWizards by anyone.
- Restrictions. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials without our express written permission. MaidWizards’s permission to you for your use of the MaidWizards expressly excludes commercial use by you of any information concerning product descriptions or professional listings for the benefit of another merchant. You are expressly prohibited from any use of data mining, robots, or similar data gathering and extraction tools in your use of the MaidWizards . You may view and print a reasonable number of copies of web pages located on the MaidWizards for your own personal use, provided that you retain all proprietary notices contained in the original materials, including attribution to MaidWizards.
- Ownership. You acknowledge and agree that the MaidWizards and MaidWizards marks will remain the property of MaidWizards. The content, information and services made available on the MaidWizards are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. You acknowledge that you do not acquire any ownership rights by using the MaidWizards .
4. Other Offerings on the MaidWizards .
- Invoice Payments. If you use the MaidWizards to pay an invoice for goods or services from a professional, you authorize us and our third-party payment processor to charge the method of payment associated with your account. You agree to pay the entire amount that you approve, including any taxes and fees. If such amounts are reversed and deducted from our accounts, you agree to remit the amounts to us and, if you fail to do so, you authorize us and our third-party payment processor to collect the amounts from you, using any legal manner without prejudice to any other right or remedy we may be entitled to under these Terms or by law. If you are involved in a credit card dispute involving a payment made through or in connection with the MaidWizards , such as a chargeback, you agree to provide us and our third-party payment processor with all information relevant to the dispute.
- Plant and Seed Exchange. You may be offered the ability to exchange plants or seeds with other users in the exchange forums. Seed and plant exchanges are regulated by government laws. By participating in these forums, you agree that you will familiarize yourself with and follow all applicable local and national laws in your country. Additionally, you agree to follow our policy that: 1) you may not charge for seed or plant exchanges, but requiring pre-paid postage is permitted; and 2) you may not use the forum to seek exchange of plants or seeds with someone from another country. We expressly disclaim any liability with respect to plants or seeds offered through exchanges.
- Embed Tool. If you are a user of the embed tool, which enables you to link to content on the MaidWizards , you understand and agree that we cannot guarantee that the content, which originates from third-parties, is non-infringing or will be free from claims about infringement. Such third-party content may be subject to takedown by us at any time, in accordance with our policies, if we receive a notice of infringement.
- Third-Party Services. You may be provided the opportunity on the MaidWizards to purchase services that are offered by third parties (collectively “Third-Party Services”), including those offered by professionals registered with Professional Profiles on the MaidWizards . The availability of any Third-Party Services on the MaidWizards does not imply our endorsement of the Third-Party Services.
5. Reporting Violations of Your Intellectual Property Rights, MaidWizards Policies, or Applicable Laws.
- Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the MaidWizards infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
- Reports of Other Violations. If you believe content on the MaidWizards violates MaidWizards’s Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark).
6. Disclaimers and Limitations of Liability.
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MAIDWIZARDS ENTITIES TO YOU.
- WE ARE PROVIDING YOU THE MAIDWIZARDS , SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE MAIDWIZARDS ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE MAIDWIZARDS ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE MAIDWIZARDS , (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
8. Dispute Resolution.
- Binding Arbitration. You and MaidWizards agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the MaidWizards (collectively“Disputes”) will be settled by binding arbitration, except that each party retains 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 a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and MaidWizards both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against MaidWizards in “small claims” court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.
- Class Action Waiver. You and MaidWizards agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and MaidWizards both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and MaidWizards agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person’s claims and may not preside over any form of class action proceeding.
- Arbitration Administration and Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (if you use the MaidWizards as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the “AAA Rules”), except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).
- Arbitration Process. A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA’s roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.
- Arbitration Location and Procedure. Unless you and MaidWizards agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and MaidWizards submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.
- Supplemental Terms for Certain Services. Certain services offered on the MaidWizards may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the MaidWizards Shop, or use of Site Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.
- Application Provider Terms. If you access the MaidWizards through a MaidWizards application, you acknowledge that this Agreement is between you and MaidWizards only, and not with another application service or application provider which may provide you the application subject to its own terms.
- Controlling Law and Jurisdiction. This Agreement will be interpreted in accordance with the laws of the State of and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in for any actions for which the arbitration provision
- Export. The MaidWizards is controlled and operated from our MaidWizards software is further subject to United States export controls. No software for MaidWizards may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.
- Changes. We reserve the right to:
- change the terms of this Agreement, consistent with applicable law;
- change the MaidWizards , including eliminating or discontinuing any information or services or other features in whole or in part; and
- deny or terminate your MaidWizards account, or use of and access to the MaidWizards
- Headings. Any heading, caption, or section title contained is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
- Further Assurances. You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
- Entire Agreement and Severability. This Agreement supersedes all prior terms, agreements, discussions and writings regarding the MaidWizards and constitutes the entire agreement between you and us regarding the MaidWizards . If any part of this Agreement is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Agreement, which will remain in full force and effect.
- Survival. The following provisions will survive expiration or termination of this Agreement: Section 2 (Your Content), Section 3(d)(Restrictions) and 3(e)(Ownership), Section 6 (Disclaimers and Limitations of Liability), Section 7 (Indemnification), Section 8 (Dispute Resolution) and Section 10 (Miscellaneous).
- Contact. Feel free to contact us by visiting firstname.lastname@example.org with any questions about this Agreement.
4004 Charter Drive Garland, TX 75043