EST8 displays reviews and ratings on a variety of service contractors (“Service Providers”) to allow you, the user, the opportunity to read about the experiences other users have had with these Service Providers and to provide your own reviews and ratings on the Service Providers you use. EST8 also operates certain products whereby EST8 facilitates the offer, sale, and/or marketing of certain promotions, discounts, coupons, vouchers, e-commerce offers, or deals (collectively, “Promotions”). All products and services described in this Section, as well as any other products and services offered by EST8 at any time shall be defined herein as “Service” or “Services.”

In order to use the Service, you must read and accept all of the terms and conditions in, and linked to, this Membership Agreement (this “Agreement”). This Agreement may be modified by EST8 from time to time at our sole discretion, and you will receive notice if modifications to the Agreement are made. We strongly recommend that, as you read this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of some EST8-branded websites or other websites we operate may be governed by separate terms and conditions, agreements and privacy policies.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. EST8 SERVICE

EST8 displays consumer reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences those consumers had with those Service Providers and also provides you with the opportunity to provide your own reviews and ratings on the Service Providers with whom you have first-hand experiences.

2. REGISTRATION INFORMATION

As a condition of your use of the Service, you agree to: (a) provide EST8 with true, accurate, current and complete information as prompted by the EST8’s registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.

3. MINIMUM AGE

You must be 18 years of age or older to use or register for Services.

4. USE VOID WHERE PROHIBITED

Membership in the Service is void where prohibited.

5. PRIVACY POLICY

EST8 has established a Privacy Policy to explain to you, and other users, how your personal information is collected and used. This Privacy Policy is located here.

6. INCENTIVES

EST8 may, from time to time and in its sole discretion, offer certain products or services as incentives (“Incentives”) to users. EST8 is neither the seller nor manufacturer of the Incentives and disclaims any and all liability and warranties of any kind relating to the Incentives, the use of the Incentives, and the tax implications of receiving the Incentives. You agree that you shall not bring any action against EST8 relating in any way to the Incentives. In the event that an Incentive is lost, does not operate properly, or is otherwise incorrect, unfit, or unusable in any way, you agree that EST8 has no responsibility for replacing the Incentive.

7. ACCOUNT SECURITY

You assign yourself a user ID and a password when you register. Your user ID and password may only be used by you. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password and are fully responsible for all activities that occur under your user ID and password.

8. LIMITED LICENSE TO WEBSITE

By agreeing to the terms and conditions of this Agreement, EST8 grants you a limited license to access and use the reviews and ratings offered by the Service for your personal purchase decisions. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of EST8.

9. SUBMISSIONS OF REVIEWS

In order for you to submit your own reviews and ratings on the Website, you acknowledge and agree that:

1. all of your reviews and ratings will be based upon your actual first-hand experiences with the Service Providers you are reviewing;
2. all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
3. you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
4. you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
5. you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings;
6. your name and review information will be made available to the Service Providers on which you review; and
7. EST8 may redact, delete, or reject your reviews if they do not conform with EST8’s publication criteria, which may change from time to time at EST8’s sole discretion.

10. CONFLICT RESOLUTION PROCESS

If you have a dispute with a Service Provider and an active, qualifying Plan, you may request EST8’s assistance in communicating with that Service Provider about your desired resolution (the “Complaint Resolution Process” or the “CRP”).

You may request to participate in the CRP through our Website or by contacting a member care representative. You then will be requested to complete and return to EST8 certain documentation relating to your complaint. Shortly thereafter, a member of our Complaint Resolution Team will contact you to obtain additional information and understand your desired resolution. The Complaint Resolution Team then will contact the Service Provider to explain your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.

If the Service Provider agrees to your desired resolution or supplies a counteroffer that you find acceptable, the case is considered resolved, your review regarding the Service Provider will be removed, and you will have the opportunity to submit updated feedback about your experience. If the Service Provider responds but does not resolve the matter as described above, your feedback shall remain unchanged.

Your participation in the CRP is at EST8’s sole discretion. We reserve the right to reject your request to participate for any reason. By participating in the CRP, you consent to have your complaint and a story about the circumstances relating to the CRP published in our online publications.

The CRP is not a legal forum and EST8 does not, at any time, become a party to your dispute with the Service Provider. EST8 is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Service Provider, EST8 encourages you to consult with an attorney. EST8 does not guarantee that your participation in the CRP will result in a satisfactory outcome or your desired resolution.

You agree that, by offering the CRP, EST8 does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 13 (Service Providers), 23 (Warranty Disclaimer), and 24 (Limitation of Liability).

You acknowledge and agree that, during the Term of your Plan, EST8 may—in its sole discretion and without notice—change the CRP program, including without limitation, its name, process, and/or function.

11. CONTENT LICENSE AND PROMOTION PLACEMENT

Although EST8 does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials you give us (collectively, the “Content”), by providing Content for the Website or Mobile apps, you automatically grant, and you represent and warrant that you have the right to grant, to EST8 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing EST8 with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website or mobile apps.

You understand that EST8 may display, disseminate, or place Promotions near, with, or adjacent to your Content in any form or media (whether now known or subsequently created). The manner, mode, and extent of such Promotions are subject to change at EST8’s discretion and without notice to you.

12. PUBLICATION AND DISTRIBUTION OF CONTENT

EST8 does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that EST8 simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content (“Service Provider Content”). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that EST8 does not control and is not responsible for Content or Service Provider Content made available through the Service and, that by using the Service, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment and bear all risks associated with the use of any Content and Service Provider Content.

You further acknowledge that EST8 has no obligation to screen, preview, monitor or approve any Content or Service Provider Content or Content posted or submitted by any other EST8 user or any Service Provider. However, EST8 reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will EST8 be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. you waive the right to bring or assert any claim against EST8 relating to Content or Service Provider Content, and release EST8 from any and all liability for or relating to any Content or Service Provider Content.

13. SERVICE PROVIDERS

EST8 does not endorse and is not responsible or liable for any Content, Service Provider Content, Promotions, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers. You agree that should you use or rely on such Content, Service Provider Content, Promotions, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider, EST8 is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve EST8. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

You agree that EST8 is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against EST8 relating to any interactions or dealings with any Service Provider, and release EST8 from any and all liability for or relating to any interactions or dealings with Service Providers. In addition, you agree that EST8 may exclude Service Providers from displaying in search results on the EST8 Website for failing to meet particular EST8 standards regarding Service Provider conduct. In addition, you understand that EST8 may exclude Service Providers from displaying in search results on the EST8 Website for failing to meet particular EST8 standards regarding Service Provider conduct and performance.

EST8 may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, EST8 DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 23 (WARRANTY DISCLAIMER), OR SECTION 24 (LIMITATION OF LIABILITY).

14. YOUR CONDUCT

In connection with your use of the Service, you represent and warrant that you:

1. are above the age of eighteen (18);
2. will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
3. will not submit any reviews that may be considered by EST8 to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. will submit thorough and thoughtful reviews of the Service Providers you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
5. will not submit reviews that comment on other users or the reviews of other users;
6. will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with EST8, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7. will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
8. will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
9. will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
10. will not take any action that would undermine the review and rating process under the Service;
11. will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
12. will not use the Service in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
13. will not use the Service in any way that could interfere with the rights of EST8 or the rights of other users of the Service;
14. have sufficient rights in and to all Content that you provide, transmit or otherwise convey to EST8 in connection with the Service;
15. agree not to re-sell or assign your rights or obligations under this Agreement;
16. will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
17. will not access any Content for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of EST8, which consent may be withheld by EST8 in our discretion;
18. grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
19. agree not to create an account or use EST8 services if your account previously has been terminated by EST8 or if you previously have been banned from using the services; and
20. agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, EST8 personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.

The reviews and ratings that you provide do not reflect the views of EST8, its officers, managers, owners, employees, agents, designees or other users. In addition, EST8 retains the right, in its sole discretion, to determine whether or not your use of the Service is consistent with the terms and conditions of this Agreement. EST8 may suspend, restrict or terminate your use of the Service and to refuse any future use of all or portions of the Service if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, EST8 may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

15. DISCLOSURE OF INFORMATION

As EST8 continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. you hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.

16. TERM AND TERMINATION

The term of this Agreement (“Term”) will be in effect and continue so long as you have an active account. In other words, the Term shall continue until termination by either party in accordance with the terms of this Agreement.

EST8 may, for any reason in its sole discretion, immediately terminate this Agreement, your account, and your access to the Service.

Termination of your account will include removal of your access to all offerings of the Service, deletion of your password, deletion of all related information and files, may include the deletion of the Content associated with your account (or any part thereof), and barring your further use of the Service.

17. MODIFICATION OF TERMS AND CONDITIONS

EST8 will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website www.est8.io). you will receive notice if modifications to the Agreement are made. EST8 will make note of the date of the last update to the Agreement on the first page of this Agreement. you are responsible for reviewing these terms and conditions regularly. your continued use of the Service after such modifications will be deemed to be your conclusive acceptance of all modifications to this Agreement. If you are dissatisfied as a result of such modification(s), your only recourse is to immediately discontinue use of the Service.

18. MODIFICATION, LIMITATION AND DISCONTINUANCE OF SERVICE

EST8 reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of the Service. you agree that EST8 will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. you agree that EST8 may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Service in a given period of time. you agree that EST8 has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. you agree that EST8 has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

19. DELAYS

The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. EST8 is not responsible for any delays, failures or other damage resulting from such problems.

20. USER FEEDBACK

EST8 appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Service, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of EST8. In addition, none of the Submissions will be subject to any obligations of confidentiality and EST8 will not be liable for any future use or disclosure of such Submissions.

21. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by EST8. If you have any questions, concerns, or complaints regarding the Services, please contact EST8 by sending an email to .

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

22. COPYRIGHT MATERIALS

Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website and the Magazine, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the exclusive property of EST8 and/or its licensors and are protected by all United States and international copyright laws.

23. WARRANTY DISCLAIMER

You understand and agree that THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EST8 ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. EST8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR EST8 COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

24. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EST8 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EST8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY EST8 OR THE FAILURE OF EST8 TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EST8 CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF FEES TO EST8 THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR EST8, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF EST8 TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY EST8. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF EST8 TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY EST8. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT EST8 SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

25. INDEMNIFICATION

You agree to indemnify, defend and hold harmless EST8, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful Content or other information provided by you to EST8 or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. EST8 will have sole control of the defense of any such damage or claim.

26. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for EST8 to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of EST8’s damages for the specified breaches of this Agreement:

If you post Content in violation of this Agreement, you agree to promptly pay EST8 One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement

If you use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subsections (a) through (c), inclusive, you agree to pay the actual damages suffered by EST8, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

27. NOTICE

You agree that EST8 may communicate any notices to you under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to EST8 will be provided by sending a letter to EST8 at .

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), EST8 will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:

EST8 at .

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

EST8 will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

28. ENTIRE AGREEMENT

This Agreement governs your use of the Service and constitutes the entire agreement between you and EST8. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and EST8 regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. you represent and warrant that those third-party agreements do not interfere with your obligations and duties to EST8 under this Agreement.

29. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and EST8, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and EST8 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 physical address that you have provided to EST8. EST8’s address for such notices is .
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and EST8 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, EST8 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 Subsection (4) below.
3. Excluded Disputes. You and EST8 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 injunctive relief.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and EST8 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.
5. 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.
6. Severability. You and EST8 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 will be given full force and effect.

30. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

31. PROVISIONS REMAINING IN EFFECT

In the event your Plan with EST8 is terminated or lapses or you are no longer a user of EST8, certain provisions of this Agreement will continue to remain in effect.

32. MISCELLANEOUS

This Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of EST8’s rights if EST8 fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and EST8 agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and EST8 as a result of this Agreement or use of the Service. you acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

EST8 Project Advisor, Fixed Price Services, and Project Submission Customer Agreement is as follows:

1. ACCEPTANCE OF THIS AGREEMENT

Your access to, use of, or participation in this EST8 Projects Submission Program (as defined below) is subject to this EST8 Projects Submission Customer Agreement (“Agreement”) and all applicable EST8 regulations, guidelines, and agreements. This Agreement and the EST8 Privacy Policy, which is hereby incorporated herein, constitute a legally-binding contract between you and EST8.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Program in any manner. You may not access, use, and/or participate in the Program if you are under 18 years of age.

This Agreement shall be effective on the date accepted by you. EST8 reserves the right to immediately terminate this Agreement for any reason at any time.

2. MODIFICATIONS TO THIS AGREEMENT AND PRIVACY POLICY

EST8 reserves the right, in its sole discretion and at any time, to change, modify, or otherwise amend this Agreement and any other documents incorporated herein by reference. EST8 will post any amended Agreements on its website in the same location where the prior Agreement was posted—i.e., where it is presented to you before submit your project (as defined below). It is your responsibility to review the Agreement for any changes. Your continued use of the Program will signify your assent to, and acceptance of, the amended Agreement. If you do not agree to abide by this or any amended Agreement, you are prohibited from participating in the Program.

You agree to be bound by EST8’s Privacy Policy, found here.

3. DESCRIPTION OF PROJECT SUBMISSION PROGRAM

The Projects Submission Program is intended to provide a quick and easy way for EST8 members or non-member visiting EST8’s website, mobile application, or other EST8 tools or platform (“Customers”) to find an eligible service provider who is interested in accepting a home services project (the “Program”). The goal is to connect Customers like you with a service provider who will quickly communicate with the Customer their availability and acceptance of the project should the Customer select them to perform the work.

4. INFORMATION YOU PROVIDE TO US/TCPA CONSENT

Upon using EST8, 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 Service Providers who will need this information to respond to 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 Providers via phone, fax, email, mail, text (SMS) messaging, 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 EST8 to send you an automated prerecorded call confirming your service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either EST8 or the Service Providers may use automated phone technology (including autodialed and prerecorded messages) to call you 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 Policy. You agree that by completing a service request, you are entering into a business relationship with EST8 and/or a Service Provider and thus agree to be contacted by EST8 and/or a Service Provider. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers 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 EST8 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, EST8 has the right to refuse any current or future use of the Program (or any portion thereof) or any other EST8 services by you. You are responsible for any use of the Program or any other EST8 services by persons to whom you intentionally or negligently allow access to your password.

5. YOUR CONDUCT

In connection with your participation in the Program and use of the Platform, you represent and warrant that you:

1. Are above the age of eighteen (18);
2. Will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
3. Will not submit any Projects or content that may be considered by EST8 to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person’s privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
4. Will submit thorough and thoughtful Projects that will provide service providers with accurate and detailed information sufficient for them to understand the Project you would like to have completed;
5. Will not submit Projects or content that comment on other service providers or Customers;
6. Will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with EST8, or otherwise attempt to mislead others as to your identity;
7. Will not submit Projects or content that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform;
8. Will not access, download or copy any content contained on our Platform through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
9. Will not post non-local or otherwise irrelevant Projects or content, repeatedly post the same or similar Projects or content, or otherwise impose an unreasonable or disproportionately large load on our Platform;
10. Will not take any action that would undermine the Program or Platform;
11. Will not attempt to gain unauthorized access to the Platform, other user accounts, or other computer systems or networks connected to the Platform;
12. Will not use the Platform in any manner that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
13. Will not use the Platform in any way that could interfere with the rights of EST8 or the rights of other users of the Platform;
14. Have sufficient rights in and to all content that you provide, transmit or otherwise convey to EST8 in connection with the Program;
15. Agree not to re-sell or assign your rights or obligations under this Agreement;
16. Will not reproduce, duplicate, copy, sell, re-sell or exploit any content on the Platform;
17. Will not access the Platform for any commercial, educational or other purposes not related to your personal purchasing decisions, the express written consent of EST8, which consent may be withheld by EST8 in our discretion;
18. Grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the content you provide in the Platform and to prepare derivative works of, or to incorporate such content into other works, and to grant and to authorize sublicenses of the foregoing; and
19. Agree not to create an account or use EST8 services if your account previously has been terminated by EST8 or if you previously have been banned from using the services.

The content that you provide does not reflect the views of EST8, its officers, managers, owners, employees, agents, designees or other users. In addition, EST8 retains the right, in its sole discretion, to determine whether or not your use of the Program or Platform is consistent with the terms and conditions of this Agreement. EST8 may suspend, restrict or terminate your use of the Program and to refuse any future use of all or portions of the Program or Platform if your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, EST8 may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.

6. EST8 IS NOT A SERVICE PROVIDER, MERCHANT OF RECORD, OR GENERAL CONTRACTOR

EST8 is not the service provider, is not in the business of providing the services or selling the goods subject of any Lead, Project, or service contract entered into between you and the service provider (“Service Contract”), and is not responsible in any way for the provision of services or sale of goods offered by such service provider or Service Contract. EST8 is not a merchant of record or general contractor. Except as provided herein, you shall solely look to the applicable service provider for the facilitation of services or sale of goods relating to the Project or Service Contract. EST8 is merely operating the Program and Platform that help connect you with the service provider interested in your Project.

7. PUBLICATION AND DISTRIBUTION OF CONTENT

EST8 does not guarantee the accuracy, integrity, quality or appropriateness of any content transmitted to or through the Platform. You acknowledge that EST8 simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content posted by you or a service provider. You understand that all content posted on, transmitted through, or linked through the Platform, are the sole responsibility of the person from whom such content originated. You understand that EST8 does not control, and is not responsible for content available through the Platform, and that by using the Platform, you may be exposed to content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any content.

You further acknowledge that EST8 has no obligation to screen, preview, monitor or approve any content published by you, a service provider, or a third party. However, EST8 reserves the right to review and delete any content that, in its sole judgment, violates the terms and conditions of this Agreement. By participating in the Program and using the Platform, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any content that you submit, receive, access, transmit or otherwise convey through the Platform. Under no circumstances will EST8 be liable in any way for any content provided by you, a service provider, or a third party, including without limitation, content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any content submitted, accessed, transmitted or otherwise conveyed via the Platform. You waive the right to bring or assert any claim against EST8 relating to your content or the content or a service provider or other third party, and release EST8 from any and all liability for or relating to any such content.

8. SERVICE PROVIDERS

The applicable service provider shall be solely responsible for the provision of services and sale of goods subject to the Project or Service Contract and for any and all injuries, illnesses, damages, costs, expenses, liabilities, or otherwise suffered or incurred by you in connection with the fulfillment of or failure to perform the services of the Project or Service Contract.

EST8 does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services available or unavailable from, or through, any service providers. You agree that should you use or rely on such content, data, advertisement, products, goods or services, available or unavailable from, or through any service Provider, EST8 is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings (including without limitation any Service Contracts), are between you and such service provider exclusively and do not involve EST8. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers.

You agree that EST8 is not responsible for the accessibility or unavailability of any service provider or for your interactions and dealings with them, waive the right to bring or assert any claim against EST8 relating to any interactions or dealings with any service provider, and release EST8 from any and all liability for or relating to any interactions or dealings with service providers.

EST8 may, in its sole discretion, have criminal and/or financial background checks conducted on certain service providers. By having such background checks conducted, EST8 DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 18 (WARRANTY DISCLAIMER), OR SECTION 19 (LIMITATION OF LIABILITY).

9. EST8 PAY

When a project has been completed, you may be offered the ability to pay your Service Professional directly via the mobile application (“EST8 Pay”). If your Service Professional has opted in to EST8 Pay, you will be able to log into your EST8 App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card, Android Pay, and Apple Pay are permitted). Your Service Professional may also initiate the payment request. If you use EST8 Pay to pay your Service Professional but did not book your home service through EST8, you will not be eligible for the EST8 Happiness Guarantee. By using EST8 Pay even where you were not previously an EST8 user, you are agreeing to EST8’s terms and conditions.

By participating in EST8 Pay and agreeing to the EST8 Terms, you agree that EST8 is authorized to charge your method of payment for the amount selected by you in the App, and to for EST8’s payment processor to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of EST8 Pay at any time or fail to collect your payment within this fourteen (14) day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.

You authorize EST8 to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. EST8, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for EST8 Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through EST8 Pay are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.

You acknowledge and agree that your payments through EST8 Pay are transactions between you and the Service Professional and not with EST8 or any of its affiliates. EST8 is not a party to your payments unless expressly designated as such on the EST8 website. You also agree that EST8 may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by EST8. EST8 may reflect these changes to your stored payment information to prevent payment failure or service termination.

You also agree that a Service Professional, and EST8 acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through EST8 Pay is declined or returned by the payment network.

EST8 Pay may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use EST8 Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use EST8 Pay to purchase any services or products that violate these Terms, other policies or rules applicable to EST8 Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of EST8 Pay and/or your EST8 account.

Except as set forth in these Terms, all payments processed are non-refundable to you by EST8 and are non-reversible by you through EST8 Pay. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.

You agree to release EST8, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to EST8 Pay. You agree that you will not involve EST8 in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with EST8 Pay. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of EST8 and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 20. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. 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.

Payment processing services are provided by EST8’s payment processor and are subject to the payment processor’s Connected Account Agreement. By agreeing to these Terms herein, you agree to be bound by the payment processor’s Services Agreement, as the same may be modified by the payment processor from time to time. As a condition of participating in EST8 Pay through the payment processor, you agree to provide EST8 accurate and complete information about you, and you authorize EST8 to share it and transaction information related to your use of the payment processing services provided by EST8’s payment processor.

10. OTHER OFFERS AND DISCOUNTS

1. Promotional Coupon
   1. Promotional coupons are only eligible for the specific services designated by EST8. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. EST8 reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
   2. EST8 promotional coupons have 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 EST8. Promotional coupons may not be purchased for cash and EST8 does not sell promotional coupons. Promotional coupons are nonrefundable.
   3. Promotional coupons 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.
   4. Your EST8 account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your EST8 account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
2. No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, EST8, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.

11. MINIMUM AGE

If you are under the age of eighteen (18), you are prohibited from participating in the Program.

12. LIMITED LICENSE

By agreeing to this Agreement, EST8 grants you a limited license to access, participate in and use the Program and the Platform. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational (or any other non-personal) purpose any content or any portion of Program or Platform, without the express written consent of EST8.

13. MODIFICATION, LIMITATION, AND DISCONTINUANCE

EST8 reserves the right to, at any time and without notice, limit access to, modify, change or discontinue the Program. You agree that EST8 will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Program. You agree that EST8 may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of the Program.

14. DELAYS

EST8 is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.

15. FEEDBACK

EST8 appreciates hearing from you, as well as our other users, and welcomes your comments regarding the Program and any other EST8 product, program, or service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested.

Although we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other content (collectively, the “Submissions”), such submissions will be the property of EST8. In addition, none of the Submissions will be subject to any obligations of confidentiality and EST8 will not be liable for any future use or disclosure of such Submissions.

16. COPYRIGHT MATERIALS

You acknowledge and agree that all content and other information on the Platform, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the “Copyright Materials”) are the property of EST8 or used with the express permission of the owner of such Copyright Materials and are protected by all United States and international copyright laws.

17. WARRANTY DISCLAIMER

You understand and agree that the PROGRAM AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT EST8 ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE PROGRAM AND PLATFORM. EST8 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) SERVICES WILL BE UNINTERRUPTED, TIMELY PERFORMED, SECURE OR ERROR-FREE, (B) ANY CONTENT OR INFORMATION YOU PROVIDE OR EST8 COLLECTS WILL NOT BE DISCLOSED, (C) ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH A SERVICE CONTRACT WILL BE FREE FROM DEFECT, OR (D) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT THE PARTICIPATION IN THE PROGRAM AND USE OF THE PLATFORM IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EST8 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EST8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM THIS AGREEMENT, YOUR USE OF THE PROGRAM AND PLATFORM, OR ANY OTHER MATTER RELATING TO THE SITE OR ANY SPECIFIC SERVICE REQUEST. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

TO THE EXTENT EST8 IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OR OPERATION OF THE PLATFORM, EST8’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF THE VALUE OF THE SERVICE YOU RECEIVED THROUGH THE PROGRAM.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EST8 CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT TO EST8 THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR EST8, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION 19) SUFFERED BY YOU AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY EST8. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF ANY BREACH OF THIS AGREEMENT BY EST8. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION 19. YOU HEREBY UNDERSTAND AND AGREE THAT EST8 SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

19. INDEMNIFICATION

You agree to indemnify, defend and hold harmless EST8, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through the Program, the Platform, or any service contract entered into between you and a service provider; or (c) any violation of any rights of another or harm you may have caused to another. EST8 will have sole control of the defense of any such damage or claim.

20. BREACH OF AGREEMENT AND LIQUIDATED DAMAGES

1. You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for EST8 to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay us the following amounts as liquidated damages, which you accept as reasonable estimates of EST8’s damages for the specified breaches of this Agreement.
2. If you post content in violation of this Agreement, you agree to promptly pay EST8 One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
3. If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any content in violation of this Agreement, you agree to pay One Thousand Dollars ($1,000) for each item of content displayed, copied, duplicated, reproduced, sold, resold or exploited in violation of this Agreement.
4. If you use computer programming routines that are intended to aggregate records or content from the Platform or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Platform, you agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by you.
5. Except as set forth in the foregoing subsections (1) through (3), inclusive, you agree to pay the actual damages suffered by EST8, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

21. NOTICE

You agree that EST8 may communicate any notices to you under this Agreement, through electronic mail or posting the notices on the Platform. All notices to EST8 will be provided by sending an electronic mail to .

In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), EST8 will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent can be contacted at .

If you are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that your work’s copyright or trademark has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

EST8 will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.

22. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and EST8, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and EST8 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 physical address that you have provided to EST8. EST8’s address for such notices is .
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and EST8 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, EST8 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 Subsection (4) below.
3. Excluded Disputes. You and EST8 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 injunctive relief.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and EST8 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.
5. 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.
6. Severability. You and EST8 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 will be given full force and effect.

23. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

24. LIMITATIONS PERIOD

Regardless of any statute or law to the contrary, you agree that any claim or cause of action arising out or related to your participation in the Program or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

25. NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Services are provided by EST8 (https://est8.io). If you have any questions, concerns, or complaints regarding the Services, please contact EST8 at .

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

26. ASSIGNMENT

You may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement without the prior written consent of EST8.

27. WAIVER

Neither party shall be deemed to have waived any of its rights, powers, or remedies hereunder, except in an express writing signed by an authorized agent or representative of the party to be charged.

28. SEVERABILITY

If a provision of this Agreement is or becomes illegal, invalid, or unenforceable in any jurisdiction, that shall not affect: (1) the validity or enforceability in that jurisdiction of any other provision of this Agreement; or (2) the validity or enforceability in other jurisdictions of that or any other provision of this Agreement.

29. ENTIRE AGREEMENT

This Agreement along with the EST8 Terms of Use, Privacy Policy, and Membership Agreement (if applicable) entered into by you and EST8 governs your use of the Program and Program and constitutes the entire agreement between you and EST8 with respect to the Program. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and EST8 regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, any service contract you enter into with a service provider. You represent and warrant that those third-party agreements (including the any such service contract) do not interfere with your obligations and duties to EST8 under this Agreement.

30. BINDING EFFECT

This Agreement and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of you and EST8 and our respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE PLATFORM. OR PARTICIPATE IN THE PROGRAM. YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT.

31. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 4, and Sections 16-24.

EST8 allows consumers of EST8 (collectively, the “Consumers”) to provide reviews and ratings on a variety of service companies (a “Service Provider”) with whom they have had first-hand experiences. On behalf, and as representative, of a Service Provider (“You” or “Company”), You are permitted to use the website (https://est.io/) (the “Website”) and the information contained therein subject to the terms and conditions contained in this Service Provider’s User Agreement, which may be modified, amended or replaced by EST8 from time to time at EST8’s sole discretion (collectively, the “Agreement”). Such modifications will become effective immediately upon the posting thereof. This Agreement shall also govern other aspects of Your relationship with EST8 beyond Your use of the Website, as described herein.

In consideration of EST8 granting the Company access to its Website and the information contained therein, and in order to use the Website, you must read and accept all of the Terms and Conditions in, and linked to, this Agreement. It is the Company’s responsibility to review this Agreement on a regular basis to keep itself informed of any modifications. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE COMPANY ACKNOWLEDGES IT HAS READ, UNDERSTANDS AND AGREES TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, AND NOTICES CONTAINED IN THIS AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT.

1. BUSINESS CENTER

By agreeing to the Terms and Conditions of this Agreement, the Company is hereby permitted to use the services offered to Service Provider’s including, without limitation, access to ”Business Center”, the ability to review Consumer Content pertaining to the Company, the ability to submit responses to Consumer Content, the ability to update and maintain profile information on the Company, the ability to utilize the dispute resolution process offered through the Website and facilitated by EST8 and such other services that EST8 may offer to Service Providers from time to time (collectively, the “Services”).

2. LIMITED LICENSE

By agreeing to the Terms and Conditions of this Agreement, EST8 grants the Company a limited license to access and use the Website and the Services. Notwithstanding the foregoing, the Company acknowledges and agrees that it will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit the Website (or any of the content therein including, without limitation, any Consumer Content or any profiles of EST8 members) or Services for any commercial or other purpose, without the express written consent of EST8.

3. CONSUMER AND SP CONTENT

Consumers may submit a review or report and other information (collectively, “Consumer Content”) on any Service Provider with which they have communicated or had another first-hand experience, whether or not work was started, performed, or completed. If the Company disputes any Consumer Content, the Company’s sole course of action with respect to such Consumer Content as it relates to EST8 and the Website is to utilize the Services (as defined below) which are available online at the Website.

EST8 does not endorse and is not responsible or liable for any Consumer Content, SP Content (as defined below), data, advertising, products, goods or services available or unavailable from, or through, EST8. The statements, information and ratings contained in any Consumer Content are solely the opinion of the Consumer submitting such Consumer Content and do not reflect the opinion of EST8 or any of its affiliates or subsidiaries or any of their respective owners, managers, officers, employees, agents or representatives.

The Company acknowledges and understands that EST8 simply acts as a passive conduit and an interactive computer provider for the publication and distribution of Consumer Content and SP Content. EST8 does not have any duty or obligation to investigate the accuracy of Consumer Content or the quality of the work performed by the Company or any other Service Provider which is the subject of any Consumer Content. By using the Services, the Company agrees that it is solely the Company’s responsibility to evaluate the Company’s risks associated with the use, accuracy, usefulness, completeness, appropriateness or legality of any information, responses, writings or other materials that the Company submits, transmits or otherwise conveys through the Services (collectively, “SP Content”).

Under no circumstances will EST8 be liable in any way for any Consumer Content or SP Content including, but not limited to, any Consumer Content or SP Content that contains, errors, omissions or defamatory statements, or for any loss or damage of any kind incurred as a result of the use of any Consumer Content or SP Content submitted, accessed, transmitted or otherwise conveyed via the Services or otherwise.

The Company hereby waives any claims, rights or actions that it may have against EST8 or any of its affiliates or subsidiaries with respect to any Consumer Content or SP Content and releases EST8 and each of its affiliates and subsidiaries from any and all liability for or relating to Consumer Content or SP Content.

The Company agrees to indemnify and hold EST8 and each of its affiliates and subsidiaries and their respective owners, managers, officers, employees, agents or representatives harmless for any damages that may arise, directly or indirectly, from any claim or right it may have against EST8 with respect to any statements made by a Consumer or Consumer Content submitted by a Consumer which is communicated, posted or published by EST8 on its Website or to a third party.

The Company acknowledges and agrees that the Company can neither require EST8 to place the Company on its Website nor remove the Company or any Consumer Content from EST8. The Company further acknowledges and understands that the Company is not a Consumer of EST8, cannot refer to itself as a Consumer of EST8, and is not afforded the same access to the Website as a Consumer nor the benefits afforded to a Consumer.

Individuals affiliated with the Company including, without limitation, current or former owners, current or former employees or officers, family members, or current or former partners, investors, managers or directors (collectively, the “Affiliated Persons”) may not submit Consumer Content to EST8 on the Company. The Company hereby acknowledges and agrees that to the extent an Affiliated Person has submitted or posted any Consumer Content on the Company or any company or person competitive to the Company or believes that Consumer Content was posted by an Affiliated Person that EST8 may immediately remove such Consumer Content without notice or recourse against EST8.

SP Content shall not contain any unauthorized content which includes but is not limited to:

1. 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.);
2. Comments that do not address the Consumer Content or comments with no qualitative value as determined by EST8 in its sole discretion;
3. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
4. Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter;
5. Language that violates the standards of good taste or the standards of the Website, as determined by EST8 in its sole discretion;
6. Content determined by EST8, in its sole discretion, to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity;
7. Language intended to impersonate other users (including names of other individuals) or to be offensive or inappropriate user names or signatures; and/or
8. Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

The Company acknowledges and agrees that EST8 in its sole discretion may remove without notice any SP Content or any portion thereof that EST8 believes violates the foregoing.

EST8 may suspend, restrict or terminate the Company’s use of the Services or any portion thereof if the Company breaches or fails to comply with any of the Terms and Conditions of this Agreement.

Although EST8 does not claim ownership of any SP Content or other communications or materials submitted by or given by the Company to EST8, by providing SP Content for the Website or other mediums, the Company automatically grants, and the Company represents and warrants that the Company has the right to grant, to EST8 an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify, and distribute such SP Consent and to prepare derivative works of, or incorporate into other works, such SP Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing EST8 with SP Content, the Company automatically grants EST8 all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of SP Content on the Website or in any other medium by any other party. No compensation will be paid with respect to EST8 use of SP Content. EST8 is under no obligation to post or use any of SP Content or maintain SP Content. EST8 may remove SP Content at any time in EST8’s sole discretion.

It is the Company’s sole responsibility to review and monitor any Consumer Content regarding the Company that is posted by Consumers and to submit responses it deems necessary to any Consumer Content. EST8 does not have any obligation to provide a notice or update to the Company with respect to any new information or Consumer Content that it learns of or receives about the Company from its Consumers.

The Company has the sole responsibility of updating any and all of its information on the Website including, without limitation, the Company’s description and profile information.

The Company agrees not to use or cause any robot, bot, spider, other automatic device, or computer program routine or manual process to monitor, duplicate, take, obtain, transfer, modify, use, reproduce, aggregate or copy EST8, any Consumer Content, any Consumer profiles, SP Content (including SP profiles) or any other content contained on the Website or any other publication of EST8. You shall not use or cause any device, software, or routine to interfere or attempt to interfere with the proper working of the Website.

The Company hereby represents and warrants to EST8 that (a) all information provided to EST8 by the Company is true, complete and accurate in all respects, and (b) the Company is authorized to submit information to EST8. EST8 is authorized by the Company to rely upon the truthfulness, completeness and accuracy of SP Content in order to serve its Consumers.

To the extent a third party posts or submits any SP Content or manages the Company’s profile or information on the Website, the Company hereby acknowledges and agrees that the Company shall remain fully responsible for any SP Content or information posted or submitted by such third party.

The Company agrees unless expressly authorized by EST8 not to access, copy, duplicate use, reproduce, alter, modify, create derivative works, display, sell, re-sell, advertise or market with or otherwise exploit for any commercial, educational or other purpose any Consumer Content, any Consumer profiles, any SP profiles, or any other content from the Website or EST8, including, without limitation, any reviews or ratings or any other content contained in any Consumer Content.

4. PRIVACY

The Company agrees to be bound by EST8’s Privacy Policy, found here.

The Company acknowledges that the Website utilizes one or more website analytic services, which may record mouse clicks, mouse movements, scrolling activity and text entered into the Website by users. These services do not collect personally identifiable information that is not voluntarily entered into the Website by the user. EST8 uses the information collected by these service providers to improve the usability and other features of the Website.

The Company acknowledges that EST8 will use the telephone numbers, email addresses and facsimile numbers that are submitted to EST8 in connection with registering with EST8 to contact the Company with information regarding EST8. EST8 agrees not to sell, trade, rent or share such information with any third parties. By providing a wireless phone number to EST8, Company agrees that EST8 may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre-recordings, and general telemarketing practices. Company agrees that these calls or text messages may be regarding the products and/or services that Company has previously purchased and products and/or services that EST8 may market to me. Company acknowledges that this consent may be removed upon request.

5. INTELLECTUAL PROPERTY

EST8 is the owner and/or authorized user of any trademark and/or service mark, including, without limitation, the name “EST8”, appearing on the Website and is copyright owner or licensee of the content and/or information on the Website. By placing them on the Website, EST8 does not grant the Company any license or other authorization to copy or use its trademarks, service marks, copyrighted material, or other intellectual property, except as provided herein.

6. BREACH OF CONTRACT AND LIQUIDATED DAMAGES

EST8 reserves the right to exercise any rights or remedies which may be available to it against the Company if the Terms and Conditions of this Agreement are violated by the Company. These remedies include, but are not limited to, revocation of (a) Super Service Awards (present & past) and any associated license, (b) advertising privileges, (c) use of the Services, or (d) appearances on the Website and/or any other appearances in any EST8’s publication, and Company agrees that the exercise of one remedy shall not preclude the availability of any other remedy.

The Company understands and agrees that, because damages resulting from Company’s breach of this Agreement are difficult to calculate, if it becomes necessary for EST8 to pursue legal action to enforce the Terms and Conditions of this Agreement, the Company will be liable to pay EST8 the following amounts as liquidated damages, which the Company accepts as reasonable estimates of EST8’s damages for the specified breaches of this Agreement:

If the Company posts SP Content in violation of this Agreement, the Company agrees to promptly pay EST8 One Thousand Dollars ($1,000) for each item of SP Content posted in violation of this Agreement. EST8 may (but is not required) issue the Company a warning before assessing damages.

If the Company exploits for any purpose (commercial or otherwise) any Consumer Content, profiles of EST8 members or any other information contained on the Website including, without limitation, ratings and/or reviews in violation of this Agreement, the Company agrees to pay Ten Thousand Dollars ($10,000) per report, record or review exploited.

If the Company uses or causes any robot, bot, spider, other automatic device or computer program routine or any manual process to monitor, duplicate, take, aggregate, obtain, modify, use, reproduce or copy any Consumer Content, any profiles of EST8 members, SP content (including SP profiles) or any other content contained on the Website or in any other publication of EST8, the Company agrees to pay One Hundred Dollars ($100) for each report, record, review or other information that is monitored, duplicated, transferred, taken, obstructed, modified, used, reproduced, aggregated or copied.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, the Company agrees to pay the actual damages suffered by EST8 to the extent such actual damages can be reasonably calculated.

Notwithstanding any other provision of this Agreement, the Company reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.

7. LIMITATIONS OF LIABILITY

THE COMPANY EXPRESSLY UNDERSTANDS AND AGREES THAT EST8 WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF EST8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR SP CONTENT; (D) SP CONTENT THE COMPANY MAY SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICES OR THIS AGREEMENT; (E) STATEMENTS OR CONDUCT OF ANY CONSUMER OR OTHER THIRD PARTY THROUGH THE SERVICES; (F) ANY OTHER MATTER RELATING TO THE SERVICES; (G) ANY BREACH OF THIS AGREEMENT BY EST8 OR THE FAILURE OF EST8 TO PROVIDE THE SERVICES UNDER THIS AGREEMENT; (H) ANY CONSUMER CONTENT POSTED; OR (I) ANY OTHER DEALINGS OR INTERACTIONS THE COMPANY HAS WITH ANY SERVICE PROVIDER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to the Company.

TO THE EXTENT EST8 IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICES, EST8’S LIABILITY FOR DAMAGES WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

8. INDEMNIFICATION

The Company agrees to indemnify and hold EST8 and each of its affiliates and subsidiaries and each of their respective owners, officers, agents, managers, partners, employees, agents and representatives harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees (whether incurred in enforcing this Agreement or otherwise), made by any third party due to or arising out of the Company’s use of EST8.

9. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and EST8, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and EST8 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 physical address that you have provided to EST8. EST8’s address for such notices is .
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and EST8 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, EST8 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 Subsection (4) below.
3. Excluded Disputes. You and EST8 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 injunctive relief.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and EST8 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.
5. 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.
6. Severability. You and EST8 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 will be given full force and effect.

10. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.

11. LIMITATIONS PERIOD

The Company agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

12. MODIFICATION

EST8 may modify or restate the Terms and Conditions of this Agreement and such modification(s) will be effective immediately upon being posted on the Website. EST8 will make note of the date of the last update to the Agreement on the first page of this Agreement. The Company is responsible for reviewing these terms and conditions regularly. The Company’s continued use of the Services after such modifications will be deemed to be the Company’s conclusive acceptance of all modifications to this Agreement.

13. DELAYS

The Services may be subject to limitations, delays and other problems inherent in the use of the internet and electronic communications. EST8 is not responsible for any delays, failures or other damage resulting from such problems.

14. ASSIGNMENT

This Agreement may not be re-sold or assigned by the Company. If the Company assigns, or tries to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of EST8’s rights if EST8 fails to enforce any of the terms or conditions of this Agreement against the Company. In the event a court finds a provision in this Agreement to not be valid, the Company and EST8 agrees that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between the Company and EST8 as a result of this Agreement or use of the Services.

15. BINDING EFFECT

The person agreeing to this Agreement and the Terms and Conditions on behalf of the Company hereby represents and warrants that he/she has the power and authority to bind the Company and that this Agreement and the Terms and Conditions constitutes a valid and binding agreement of the Company.

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

16. PROVISIONS REMAINING IN EFFECT

In the event this Agreement is terminated, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 3, and Sections 5-11.

Below sets forth the terms and conditions that govern the relationship between EST8 and Service Providers that advertise coupons and/or deals on the EST8 platform (“Advertisers,” or “you”) to EST8 consumers (“Consumers”). This Agreement becomes effective when EST8 approves the Advertiser’s advertising selections and activates the Agreement (not when Advertiser submits its advertising selections).

1. ADVERTISING PROGRAM

By meeting certain eligibility requirements set forth herein and paying a fee (“Advertising Fee”), Advertiser authorizes EST8 to offer, publish, and distribute to Consumers on its platform or the platforms of its affiliates: (a) a description of the services and/or products offered by Advertisers in home services categories paid for by the Advertiser (“Designated Categories”); (b) in service areas paid for by the Advertiser (“Designated Service Areas”).

These services and/or products shall be presented to Consumers in the form of coupons that offer discounts, unless prohibited by law, which the Consumers may redeem directly with Advertisers (“Coupons”) and/or as prepackaged deals that can be claimed by Consumers on the EST8 platform and honored by the Advertiser (“Deals”). An Advertiser must spend at least $3,000 in annual Advertising Fees in order to offer Deals.

Advertisers may be designated as such on the EST8 platform, or its affiliates’ platforms, with a badge, icon, or other special designation, to be determined by EST8 (e.g., “EST8 Certified,” “EST8 Approved,” “Approved Business,” etc.).

Advertisers shall receive:

1. Placement Above Non-Advertisers in the EST8 Directory—When Consumers perform searches in the EST8 Directory, Advertisers’ profiles shall be sorted above non-advertisers’ profiles. This premier placement applies only when Consumers search in the Designated Service Areas and Designated Categories. (In other words, an Advertiser will not necessarily be sorted above a non-advertiser in a category or service area for which the Advertiser does not pay.)
2. Placement Among Other Advertisers in the EST8 Directory—Among Advertisers, EST8 may change the way search results work in the EST8 Directory, add additional elements to the search experience, place different types of products within the search results (e.g., banners, deals, etc.), and modify the search algorithm, etc. We may also change, without notice, what information appears in profiles, the way profiles appear to Consumers, and how Consumers get to the EST8 Directory.
3. Appearance of Profiles Outside of the EST8 Directory— EST8 may display the profiles of Advertisers in various areas on the platforms of EST8 or any of its affiliates (e.g., where consumers submit service requests, on “leaf pages” outside of the EST8 platform, etc.).
4. Business Management Tools—Advertisers may subscribe to EST8 Business Management Tools (“BMT”) for an additional charge per month. BMT contains several features, allowing Advertisers to, among other things, build and send job quotes, take payments from consumers, and connect to existing QuickBooks accounts. The features of BMT may be modified from time to time. If You subscribe to BMT, You agree to be automatically billed the current BMT fee (“BMT Fee”) monthly on the credit card we have on file for your account. The BMT Fee is separate from your Advertising Fee but will occur on the same day each month you are billed for your Advertising Fee. You can cancel your BMT subscription any time and you will not continue to be charged.
5. Contacts, Leads, and Guidance—Part of the value of advertising on EST8 is that there are numerous ways a Consumer may come into contact with an Advertisers through EST8. (“Contacts”). For example, a Consumer may call or send a message to an Advertiser after finding the Advertiser’s profile on the EST8 Directory.

Additionally, when users submit requests for home services through EST8 or its affiliates, Advertisers may receive the contact information and information about the requested services in the form of leads (“Leads”). Leads are another form of Contacts. Advertisers will not be charged per Lead; rather, the price of each Lead is included in the Advertising Fee.

Contacts, including Leads, are not guaranteed jobs; Advertisers are competing with other companies for the consumers’ business. EST8 encourages all Advertisers to maintain a high rating, maintain a robust EST8 profile, reach out to consumers promptly, and always conduct themselves with the utmost professionalism in order to help increase the chances of being hired by consumers.

During the sales onboarding process, Advertisers may receive guidance about the number of Contacts they may receive during the first ninety (90) days of their advertising relationship with EST8 (“Guidance”). Guidance is an estimate only and is not guaranteed. EST8 calculates Guidance based on the past performance of other service professionals that advertise in similar areas, have similar ratings, and have a similar number of reviews. Contact volume is based on a number of factors, including without limitation ratings, review count, response time, and how well Service Professionals actively build and maintain their reputations. Contact volume can be impacted by factors outside of EST8’s, or even the Advertisers’, control, including without limitation, seasonality and home improvement market trends.

Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not be considered a breach of this Agreement on the part of EST8. Further, Advertiser expressly agrees that its failure to obtain the number of Contacts suggested by the given Guidance shall not provide an exemption for payment of the Advertising Fee or, in the event Service Professional terminates the Agreement, exemption for payment of the Early Termination Fee (set forth under Section 12).

2. ELIGIBILITY

Advertiser agrees that it must meet or exceed EST8’s qualifications in order to advertise. If, during the Term of the Agreement, Advertiser ceases meeting any of these eligibility criteria and does not promptly cure such defect, EST8 may terminate this Agreement. Specifically, Advertiser agrees that it must:

1. To the extent it has any consumer ratings, maintain at least a 3.0-star rating, as defined by EST8.
2. Timely pay all invoices for EST8 services (i.e. no “past-due” balances).
3. Maintain all applicable state or local licensure for all services advertised.
4. Owner, principal or relevant manager of the Advertiser pass the applicable EST8 criminal background screening, except that Advertisers designated by EST8 as Corporate or National Accounts shall not be required to undergo a criminal background screening. Corporate or National Accounts include companies with a large network of professionals or several franchises or offices.
5. Meet any other requirements EST8 determines are necessary for participation in the Advertising Program.

EST8 reserves the right to modify any and all of these eligibility requirements without notice to Advertiser.

3. PUBLICATION AND ACTIVATION OF COUPON OR DEAL

1. Coupons—Coupons shall be made visible to members who search in Designated Service Areas and using Designated Categories. A Consumer may present the Coupon directly to Advertiser. EST8 shall function only as the platform upon which Advertisers may offer Coupons to members. EST8 does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
2. Deals—Deals shall be published on the EST8 website on the Advertiser’s profile page, upon Advertiser’s activation of such Deal on the EST8 platform. EST8 may place an icon on the Advertiser’s Profile Page signifying each Deal. A Consumer may claim the Deal by clicking on the icon and completing the transaction directly with the Advertiser. EST8  reserves the right to, in its sole discretion, promote a Deal to its Consumers via other means, including without limitation, targeted emails, EST8’s website, third-party website, and social networking websites. EST8 shall function only as the platform upon which Advertisers may list Deals to Consumers. EST8 does not participate in any transaction between the Consumer and the Advertiser, including but not limited to contracting and payment for any services provided.
3. cTracking Phone Numbers—Advertiser agrees that, in order to better track the Contacts directed to Advertiser by EST8, EST8 may display a phone number on Advertiser’s profile that is different than Advertiser’s normal phone number. This tracking number will forward directly to the phone number Advertiser provided EST8.

4. ADVERTISER’S REPRESENTATIONS AND WARRANTIES

Advertiser represents and warrants to EST8 that: (a) Advertiser has all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the Coupon or Deal; (b) Advertiser is legally and properly licensed to and possesses all requisite licenses and permits to provide the services in the geographic areas in which Advertiser is providing the Coupon or Deal; (c) the Retail Rate as set forth in the terms of the Coupon or Deal for the services or goods offered in connection with such Coupon or Deal is accurate and correct in all respects as of the date the Coupon or Deal is offered to the Consumers; (d) Advertiser is registered for sales, use, and other tax collection purposes in all states which Advertiser’s goods and services will be provided under the terms of the Coupon or Deal; (e) any and all discounts and services or products presented through the Coupon or Deal comply with all applicable federal, state and local laws, rules, regulations and orders; and (f) the Marks (as defined below) do not violate or infringe any copyright, trademark or other intellectual property rights of any other person.

5. AUTHORIZATION TO SHARE PERSONAL INFORMATION

By participating in the Advertising Program, Advertiser expressly authorizes EST8 to share its personal information (including without limitation, the company’s name, address, licensing status, screening information, consumer reviews and rating, names and contact information of individuals affiliated with the company, and details regarding Advertiser’s advertising relationship with EST8) with EST8’s affiliates.

6. BILLING FOR SERVICE PROFESSIONALS ON EST8 AND NETWORK

If you are both an Advertiser and a user of EST8, you agree that you are receiving separate and valuable consideration from EST8 by way of Contacts, including Leads, and exposure to Consumers on the EST8 Platform.

7. COMPLIANCE WITH GIFT CARD LAWS IN DEALS

In addition to, and not by way of limitation of, anything else contained herein, Advertiser specifically represents and warrants to EST8, and intends that EST8 rely, that the Deal, the terms of the Deal, and Advertiser’s sale of goods or provision of services (or both), if applicable, and will comply in all respects with any and all applicable laws governing: (a) gift cards, payment cards, pre-paid cards and stored value cards; (b) abandoned property and the treatment, disposition and reclamation thereof; and (c) the imposition of expiration dates, service charges, dormancy fees or other terms and conditions applicable to the Deal, and any and all other laws having similar effect or importance, including, without limitation, the Credit Card Accountability Responsibility and Disclosure Act of 2009. Advertiser will permit the Consumer to redeem the Deal with Service Provide for the applicable term specified under applicable state or federal laws.

8. ADVERTISER’S OBLIGATIONS

1. Use your best efforts to provide the best quality services or goods.
2. Notify EST8 promptly in the event you cease to do business or change your name or location.
3. Provide EST8 with your trademark, logo, and other information (collectively, the “Marks”) necessary to be used to create, distribute, and disseminate the promotion for the Coupon or Deal to Consumers, and grant EST8 a limited, non- exclusive right and license to use, reproduce, transmit and distribute creative materials and the trademark and/or logo you supply in connection with the Coupons or Deals, in any and all media or formats in which such Coupons or Deals are marketed, promoted, transmitted, sold or distributed including but not limited to, on the Website.
4. Pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the sale or redemption of the Coupon or Deal.
5. Provide a valid coupon, approved by EST8.
6. Agree to honor the Coupon or Deal claimed by any Consumer during all business hours and as required by applicable law.
7. Schedule the work described by a Deal according to your availability.
8. Return/answer Consumer communication through EST8 Message Center within two (2) business days from the first notification that an offer has been claimed.
9. Participate in EST8 programs relating to conflict resolution (including, but not limited to, our Conflict Resolution Process and/or FairClaims) in the event there is a dispute with a consumer and the consumer wishes to engage in such programs.

• • Conflict Dispute Resolution (“CRP”). If a Consumer has a dispute with you, that Consumer may request EST8’s assistance in communicating with you about the Consumer’s desired resolution. In such an event, the EST8 Complaint Resolution Team will contact you to explain the Consumer’s complaint and desired resolution and to ask you to respond in writing within a reasonable timeframe. If you agree to the Consumer’s desired resolution or supply a counteroffer that the Consumer finds acceptable, the case is considered resolved, the Consumer’s review regarding your service will be removed, and the Consumer will have the opportunity to submit updated feedback about his or her experience. If you respond but do not resolve the matter as described above, the Consumer’s feedback shall remain unchanged. In order to fulfill your requirement of participating in CRP, you must respond in writing, but it is not required that you resolve the matter to the Consumer’s satisfaction. CRP is not a legal forum and EST8 does not, at any time, become a party to your dispute with the member. EST8 is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If you believe legal services are necessary or would be helpful to resolve your dispute with a Consumer, EST8 encourages you to consult with an attorney.
  • FairClaims is a legally binding arbitration process that exists entirely outside of EST8. When a Consumer requests that a dispute be resolved through FairClaims, EST8 would pay the FairClaims process fee (but not any settlement or other fees awarded by the FairClaims arbitrator). EST8 would have no further participation in the FairClaims process. For more information about FairClaims, see https://www.fairclaims.com/how_it_works.

9. EST8 PAY

When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the EST8 mobile application (“EST8 Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your EST8 App, go to your Opportunity Details, and click request payment for the appropriate Opportunity. If a Consumer has sent you money for services, you will be able to log into your EST8 App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of EST8 Pay (by going to Settings in your App, clicking the EST8 Pay section and selecting Disable EST8 Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. EST8 Pay may not be used to charge a Opportunity fee to a consumer, it may only be used for collecting payment for a won job.

By participating in EST8 Pay and agreeing to the Agreement, you agree that you are accepting payments from EST8 Consumers via EST8 Pay and that EST8 is authorized to store your bank account or debit card information for future payments, and that EST8 may deposit all future payments into your EST8 Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through EST8 Pay, and that you will only seek payment for services you have performed or will perform.

EST8, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for EST8 Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. EST8 may ban you from using EST8 Pay (and the Advertising Program) if we believe you are abusing EST8 Pay. EST8 may also cancel a payment request made through EST8 Pay if such request is improper in EST8’s reasonable commercial discretion.

You acknowledge and agree that your payments made through EST8 Pay are transactions between you and the Consumer and not with EST8 or any of its affiliates.

EST8 Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use EST8 Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use EST8 Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to EST8 Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of EST8 Pay and/or this Agreement.

You agree to release EST8, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to EST8 Pay. You agree that you will not involve EST8 in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with EST8 Pay. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of EST8 and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.

Payment processing services for Advertisers are provided by EST8’s payment processor and are subject to the payment processor’s Connected Account Agreement. By agreeing to these terms herein, you agree to be bound by the Payment Processor’s Services Agreement, as the same may be modified by the payment processor from time to time. As a condition of participating in EST8 Pay through EST8’s payment processor, you agree to provide EST8 accurate and complete information about you and your business, and you authorize EST8 to share it and transaction information related to your use of the payment processing services provided by EST8’s payment processor. You also authorize EST8 to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to EST8’s payment processor so that EST8’s payment processor may use it to protect the integrity of your account.

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.

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 EST8 or third parties, or any payments to consumers that EST8 makes, then EST8 may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to EST8 or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) 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; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.

10. FINANCING

You represent and warrant that to the extent that a Consumer is interested in any financing options, you will direct them to EST8, and you will not attempt to apply for any financing on the Consumer’s behalf, or make any representations to the Consumer regarding financing options or the likelihood of a Consumer being approved for financing.

11. BACKGROUND CHECK PROGRAM

1. AUTHORIZATION: You hereby: (a) represent that you are the owner of the company or a manager with authority to bind the company; and (b) authorize EST8 to provide your home mailing address, social security number, date of birth (“Personal Information”) and any other information you provide to us to a third-party information collection service entity selected by EST8, at any time while you are an Advertiser, to verify, obtain copies of records, and gather any information pertaining to your criminal record, as well as financial screening (including but not limited to searches for bankruptcies, liens and civil judgments) for the purpose of EST8’s evaluating its desire to enter into or continue a contractual business arrangement with you. EST8 will share this Personal Information only with third parties designated to carry out the background checks and with EST8’s affiliates.
2. DISCLOSURE: EST8 hereby discloses to you that a consumer report, as defined by the Fair Credit Reporting Act, may be obtained for the purpose of advertising with EST8, its affiliates, representatives, or agents. The undersigned hereby authorizes the procurement of the consumer report. Information from the consumer report will not be used in violation of any applicable federal, state, or local equal employment opportunity law or regulation. You understand that your date of birth will be used solely for identification purposes and will not be taken into account in any advertising decisions.

12. TERM, FEES, AND TERMINATION

1. Initial Term. The initial term of this Agreement shall be the longer of one (1) year following the Effective Date or, if Advertiser is offering a Deal, the last date a Consumer redeems his or her Deal with Advertiser (“Initial Term”).
2. Renewal Terms and Pricing. On each anniversary of the Effective Date, the Agreement shall automatically renew for an additional one (1) year term (“Renewal Terms”). Advertiser also agrees that, at the beginning of a Renewal Term, EST8 may increase the price of any Item or all Items up to 10% more than the price Advertiser paid during the previous 12- month term for such Item(s). Advertiser may prevent the Agreement from automatically renewing by providing written notice to EST8 at least 30 days before the beginning of a new Renewal Term.
3. EST8 Termination. EST8 may terminate this Agreement at any time and for any reason, including but not limited to, Advertiser’s failure to continue meeting any of the eligibility requirements set forth under Section 2 (Eligibility).
4. Early Termination Fee. If Advertiser cancels the contract and such cancellation is effective prior to the end of the Initial Term or any Renewal Term, Advertiser agrees to pay an early termination fee of 35% of the unused value of the total contract for that Term.
5. Late and Collection Fees. Late payments may be assessed a monthly late fee of the lesser of 1.5%, or the maximum allowed by law, of the past due balance. Additionally, in the event Advertiser fails to make any payments under this Agreement (including any early termination fees), Advertiser shall pay any fees EST8 incurs in its collection efforts (including any third-party collection and legal fees).
6. Notwithstanding the foregoing, Sections 12-14, 16-19, 21, 24, and 25 will indefinitely survive any expiration or termination of this Agreement.

13. PREPAID AGREEMENT SPECIAL TERMS

IF ADVERTISER HAS PREPAID ANY PORTION OF THE ADVERTISING FEE, ADVERTISER HAS RECEIVED CONSIDERATION FROM EST8 IN THE FORM OF DISCOUNTED ADVERTISING OR OTHER VALUABLE CONSIDERATION, AND THE FOLLOWING SPECIAL TERMS AND CONDITIONS APPLY: NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH UNDER SECTION 12 (TERM, FEES, AND TERMINATION), THE AMOUNT PREPAID SHALL BE NON-REFUNDABLE. IF ADVERTISER NOTIFIES EST8 IN WRITING OF ITS DESIRE FOR THE ADVERTISING TO CEASE, EST8 SHALL HONOR SUCH REQUEST; HOWEVER, ADVERTISER SHALL NOT RECEIVE A REFUND, PRO-RATED OR OTHERWISE, OF THE ADVERTISING FEES PREPAID UNDER THIS AGREEMENT. ADVERTISER ACKNOWLEDGES THAT THESE SPECIAL TERMS ARE REASONABLE.

14. PAYMENT

Advertiser agrees that, for the services rendered under this Agreement, EST8 may charge any credit card or other payment method Advertiser has previously provided EST8. If a charge or other payment method fails for any portion of the Agreement, EST8 may activate the entire Agreement and continue to attempt to charge for the portion of the Agreement that failed. By way of example, if Advertiser pays separately for web advertising and publication advertising, and the web advertising payment is successful, but the publication advertising payment fails, EST8 may activate both types of advertising and continue to attempt to collect payment for the publication advertising.

15. WIRELESS NUMBERS AND AUTOMATIC DIALERS

Advertiser acknowledges that EST8 will use the telephone numbers, email addresses or other contact information submitted by Advertiser to EST8 to contact Advertiser. EST8 agrees not to sell, trade, rent or share such information with any third parties, other than its affiliates, without Advertiser’s consent. By providing a wireless phone number to EST8, Advertiser represents that the wireless phone number is a business phone number and agrees that EST8 may call or send text messages to the wireless phone number for any purpose, including marketing purposes, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, pre- recordings, and general telemarketing practices. Advertiser agrees that these calls or text messages may be regarding the products and/or services that Advertiser has previously purchased and products and/or services that EST8 or its affiliates may market. Advertiser acknowledges that this consent may be revoked upon written request. EST8’s mobile applications may implement location features that, if you consent, result in automatic collection of your geolocation information, in which case our mobile application may use such information to allow EST8 and customers to view and track your location. We may also use this location information for our internal business purposes, and for providing and enhancing our products and services and advertising.

IF YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE PRIVACY SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, WILL NOT BE AVAILABLE IF YOU OPT OUT OF LOCATION COLLECTION.

16. CONFIDENTIALITY

Advertiser agrees that EST8’s member lists, EST8’s Consumer lists, the terms and conditions of this Agreement, and the existence this Agreement (collectively, the “Confidential Information”), shall be held in strict confidence, for the mutual benefit of Advertiser and EST8, and that, except as necessary in the sale of the goods or performance of the services which are the subject of the Coupon or Deal, Advertiser shall not disclose any Confidential Information without the prior written consent of EST8. Advertiser is strictly prohibited from selling any of EST8’s Confidential Information, including, in particular, member or Consumer lists. Notwithstanding the foregoing, Advertiser may disclose Confidential Information to the extent strictly necessary to comply with any order of a court of competent jurisdiction or as may be otherwise required by applicable law.

17. INDEMNIFICATION; LIMITATION OF LIABILITY

1. Advertiser hereby agrees to indemnify, defend and hold harmless EST8 and its successors and assigns and their respective shareholders, partners, directors, members, managers, officers, employees, agents, and representatives (without duplication) from and against any and all claims, damages, liabilities, costs and expenses (including, but not limited to, reasonable attorneys’ fees) to the extent arising out of or resulting from (i) any breach by Advertiser of any representation, warranty or covenant contained in this Agreement; (ii) the sale of any products subject to a Coupon or Deal or provision of or failure to perform services subject to a Coupon or Deal, or otherwise; (iii) failure or refusal to honor any Coupon or Deal, provide services, or sell goods subject to a Coupon or Deal to a Consumer; (iv) any negligence or willful acts by such Advertiser; and (v) any claim for state sales, use, or other tax obligations arising from the sale or redemption of a Coupon or Deal.
2. IN NO EVENT SHALL EST8 BE LIABLE TO ADVERTISER FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR SPECIAL LOSSES, WHETHER BASED UPON A CLAIM FOR BREACH OF WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL OR EQUITABLE CLAIM RELATING TO THIS AGREEMENT, THE RELEVANT GOODS OR SERVICES OR PERFORMANCE HEREUNDER.
3. Advertiser understands that EST8 is not providing, and will not provide, any legal or tax advice.

18. DISCLAIMER OF WARRANTIES

ADVERTISER UNDERSTANDS AND AGREES THAT, EXCEPT AS EXPRESSLY SET FORTH HEREIN, EST8 DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, SECURITY, AND ACCURACY.

19. CLAIMS

Any claim which Advertiser has or may hereafter have which arises out of or relates to, directly or indirectly, this Agreement or EST8’s performance hereunder must be made within one hundred twenty (120) days after the termination of this Agreement or within one hundred twenty (120) days after the date the first Deal is published (if applicable), whichever is latest. Any claim not so made shall be deemed waived by Advertiser.

20. MARKETING MATERIALS; NO ENDORSEMENT

All marketing materials, documentation and information prepared by Advertiser relating to a Coupon or Deal must be approved by EST8 prior to distribution and such approval shall not be unreasonably withheld, conditioned or delayed.

21. USE OF TRADEMARKS

Advertiser hereby agrees that it shall not use, directly or indirectly, any of EST8’s trademarks, trade names, images, service marks, logos or other intellectual property for any purpose without the express written consent of EST8. No license or other rights in or to any EST8 intellectual property or logo are granted to Advertiser under or implied by this Agreement.

22. ASSIGNMENT

Advertiser may not assign or otherwise transfer this Agreement or any of its rights and/or obligations relating to this Agreement or any Coupon or Deal without the prior written consent of EST8.

23. COUNTERPARTS; FACSIMILE SIGNATURE

This Agreement may be executed in counterparts and by facsimile signature, each of which shall be deemed an original, but both of which together shall constitute one and the same Agreement.

24. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and EST8, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and EST8 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 physical address that you have provided to EST8. EST8’s address for such notices is .
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and EST8 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, EST8 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 Subsection (4) below.
3. Excluded Disputes. You and EST8 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 injunctive relief.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. To fullest extent permitted by applicable law, You and EST8 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.
5. 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.
6. Severability. You and EST8 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 will be given full force and effect.

25. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule (either of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Califiornia.

26. WAIVER

Neither party shall be deemed to have waived any of its rights, powers nor remedies hereunder except in an express writing signed by an authorized agent or representative of the party to be charged.

27. ENTIRE AGREEMENT

This Agreement, along with any addendums, schedules, or exhibits attached hereto or incorporated into by reference, constitutes the entire agreement between the parties hereto regarding the subject matter contained herein and may be amended or modified only by a writing signed by a duly authorized representative of each party and dated subsequent to the date hereof. Advertiser agrees that it enters into this Agreement based on the written terms herein and not on any verbal representations. Advertiser further agrees that historical data provided during discussions about the Advertising Program is intended to provide historical context and not to guarantee future performance.

28. BINDING EFFECT

This Agreement, including all the Exhibits attached hereto, and the rights and obligations created hereunder shall be binding upon and inure solely to the benefit of EST8 and Advertiser and their respective successors and permitted assigns, and no other person shall acquire or have any right under or by virtue of this Agreement.

EST8 is honored to connect project owners and home service professionals to complete home projects, and we strive to provide each with the best experience possible. To that end, we require that all pros and project owners uphold our core values:

Be respectful
Respect each other and each other’s property. If there’s a conflict, respectfully work together to resolve it.

Be fair
As a pro, ensure that you’re providing good customer service and producing quality work at a fair price. As a project owner, be considerate of pros’ time and money. Also, be fair in giving pros the reviews they’ve earned and deserve.

Be professional
Present yourself in a professional manner. Communicate clearly and often and do your part to ensure each other’s comfort in every situation.

Be honest
Honor your agreements and be honest about your expectations and limitations. As a pro, be honest if a job is outside your skillset or licensing. As a project owner, be honest if you have no intention of completing a project. Always be upfront if something isn’t going as agreed upon or planned.

Be reliable
Answer calls, texts and emails in a timely manner. Show that you value each other’s time by being present and punctual for all appointments. Never leave someone wondering how to reach you or where you are.

Be inclusive
Don’t discriminate based on race, national origin, social and economic class, sex, sexual orientation, gender identity and expression, age, political belief, religion, mental and physical ability, or any other factor. EST8 adheres to a strict zero-tolerance discrimination policy.

EST8 reserves the right to remove all users who fail to follow this code of conduct from our site and platform.

This Privacy Policy discloses the privacy practices of EST8 and the possible uses of the information that we gather via https://www.est8.io/, our mobile application(s), and via other submissions by you to EST8 (together, the “Site and Services”). By using the Site and Services you consent to the terms of this Privacy Policy. If you do not agree to the terms and conditions of this Privacy Policy, including having your personally identifiable information (“Personal Information” as defined below) used in any of the ways described in this Privacy Policy, you may not be able to use certain parts or features of our Site and Services, and in some instances, this may necessitate the revocation of your account. EST8 may update this Privacy Policy from time-to-time in our sole discretion. It is your responsibility to review the Privacy Policy for any changes each time that you use the Site and Services and you are bound by such changes. Your use of the Site and Services following us posting a new privacy policy on our Site signifies that you agree to and accept the Privacy Policy as modified.

This Privacy Policy is part of our EST8 Membership Agreement, Service Professional Agreement, Terms of Use, and all other terms of using our Site and Services.

Information Collected

EST8 collects information on our users in various ways, such as, by your voluntary submissions, participation in services provided via the Site and Services, from third parties with your consent, and through cookie and other tracking technology. EST8 collects the following information:

• Personal Information

“Personal Information” refers to information that tells us specifically who you are, such as your name, phone number, email, postal address, and possibly information relating to certain support or customer service issues. In many cases, we need this information to provide to you many of the services that you may have requested.

• Cellular Phone Numbers

By providing a cellular telephone number to us, you expressly consent, and authorize us or a third party on our behalf, to deliver autodialed or prerecorded telemarketing calls and/or text messages to the number you provide. You are not required to consent to these calls as a condition to purchasing any goods or services, but withholding your consent may prevent us from providing certain services to you. This consent encompasses all future autodialed or prerecorded telemarketing calls and text messages from us or a third party placing these calls on our behalf. You may revoke consent to receive text messages at any time by contacting EST8, including by texting STOP.

• Submission of Reviews, Ratings, and Comments

We collect information that you voluntarily provide as part of our Site and Services, including messages, posts, comments, responses, reviews, and ratings you submit through the Site and Services, (“User Generated Content”). EST8 may in our sole discretion share your User Generated Content with others such as your business reviews. If you do not want certain information shared with others, you should not submit User Generated Content, or should not submit User Generated Content that contains information or Personal Information you do not want shared in this manner. Once You have submitted User Generated Content, we reserve the right to publish it in any medium to others.

• Aggregate Information

We may collect general, non-personal, statistical information about the use of the Site and Services, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they click on. This information represents a generic overview of our users, including their collective viewing habits, and allows us and other third parties to modify information, promotions, offers and/or discounts on products and services based on user traffic and behavior. We collect this information through the use of technologies such as ‘cookies’ and web beacons, which are discussed in greater detail below. We collect this information in order to help enhance the Site and Services to make for a better visitor experience.

• Third Party Information

We may supplement information you provide to us with information from other sources, such as information to validate or update your address, payment card or other demographic and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to enable us to fulfill our products and services, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes consistent with our mission.

• Cookies

EST8 may automatically collect non-personally identifiable information and data through the use of cookies. Cookies are small text files a website uses to recognize repeat users, facilitate the user’s ongoing access to the website and facilitate the use of the website. Cookies also allow a website to track usage behavior and compile site usage information that will allow for the improvement of content and target advertising. Most browsers allow you to control cookies, including whether or not to accept them and how to remove them. You may set your browsers to notify you if you receive a cookie, or you may choose to block cookies with your browser. However, please be aware that some features of our Site and Services may not function or may be slower if you refuse cookies. You may also get cookies from our advertisers or other third parties with links on the Site as described below. We do not directly control these cookies. The use of advertising cookies sent by third party ad servers is standard in the Internet industry.

We may use the services of third parties to collect and use anonymous information about your visits to and interactions with our website through the use of technologies such as cookies to personalize advertisements for goods and services. To learn more, or to opt-out of receiving online display advertisements tailored to your interests by our third party partners, visit the Digital Advertising Alliance Consumer Choice Page at http://www.aboutads.info/choices/.

• Ad Choices

You may choose whether to receive some Interest-based Advertising by submitting opt-outs. Some of the advertisers and Service Providers that perform advertising-related services for us and third parties may participate in the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising, including use of Cross-device Data for serving ads, visit http://www.aboutads.info/choices/, and http://www.aboutads.info/appchoices for information on the DAA’s opt-out program specifically for mobile apps (including use of precise location for third party ads). Some of these companies may also be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see http://www.networkadvertising.org/choices/. Please be aware that, even if you are able to opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (e.g., from other ad networks). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (e.g., mobile app), your NAI / DAA browser-based opt-out may not, or may no longer, be effective.

• Other Tracking Technologies

Tracking technologies may record information such as Internet domain and host names; protocol (IP) addresses; browser software and operating system types; clickstream patterns; the MAC address or other technical information from your mobile device; location information through GPS, WiFi, Bluetooth, or similar technologies; and dates and times that our Site and Services are accessed. An IP address is a number that is automatically assigned to your computer whenever you are surfing the web. Web servers, the computers that ‘serve up’ webpages, automatically identify your computer by its IP address. The Site and Services may also use technology called “tracer tags”. These may also be referred to as “Pixels”, “Clear GIFs” or “Web Beacons”. This technology allows us to understand which pages you visit on our Site and other ways you interact with our Site and Services, such as purchases made through the Site and Services. These tracer tags are used to help us to optimize and tailor our Site and Services for you and other users of our Site and Services. We may link the information we record using tracking technologies to Personal Information we collect.

• Do Not Track

Do Not Track (DNT) is a privacy preference that users can set in some web browsers, allowing users to opt out of tracking by websites and online services. At the present time, the World Wide Web Consortium (W3C) has not yet established universal standards for recognizable DNT signals and therefore, EST8 and the Site do not recognize DNT.

Use of Information

The information EST8 collects is used in a variety of ways, including

• for internal review;
• to improve the Site and Services;
• to optimize third-party offers of products and/or services;
• to verify the legitimacy of reviews and ratings;
• to notify you about updates to the Site and Services;
• to let you know about products, services, and promotions that you may be interested in;
• to get reviews and ratings;
• for our marketing purposes and the marketing of discounts offered through our Site and Services by service contractors or health care related providers (collectively “Service Providers”);
• to fulfill and provide products and services, including personalized or enhanced services, requested by you; and
• internal business analysis or other business purposes consistent with our mission; and to carry out other purposes that are disclosed to you and to which you consent.

Disclosures and Transfers of Information

We do not disclose Personal Information to third parties, except when one or more of the following conditions is true:

• We have your permission to make the disclosure;
• The disclosure is necessary for the purpose for which the personal information was obtained;
• The disclosure is to the service provider from whom you purchased services through EST8’s platform, including Project submissions;
• The disclosure is to financial service providers in order to fulfill and carry out the purchase and provision of goods and services requested by you;
• The disclosure is permitted by relevant law;
• The Personal Information to be disclosed is otherwise publicly available in accordance with the applicable law;
• The disclosure is reasonably related to the sale or other disposition of all or part of our business or assets;
• The disclosure is for our own marketing purposes (including, without limitation, for EST8 to market services to you on third-party social media platforms such as Facebook), or, with your authorization, for the marketing purposes of third parties;
• The disclosure is combined with information collected from other companies and used to improve and personalize services, content, and advertising from us or third parties;
• The party to whom the disclosure is made controls, is controlled by, or is under common control with EST8;
• The disclosure is in our sole discretion necessary for the establishment or maintenance of legal claims or legal compliance, to satisfy any law, regulation, subpoena or government request, or in connection with litigation;
• The disclosure is in our sole discretion about users who we believe are engaged in illegal activities or are otherwise in violation of our EST8 Membership Agreement, even without a subpoena, warrant or court order; or
• The disclosure is to outside businesses to perform certain services for us, such as maintaining our Site and Services, mailing lists, processing orders and delivering products and services, sending postal mail, processing claims for lost or stolen certificates, providing marketing assistance, confirming your identity for review integrity, and data analysis (“Administrative Service Providers”), including Administrative Service Providers outside the country or jurisdiction in which you reside.

Prior to sharing of your Personal Information with others, agreements are made between EST8 and such outside parties to whom we are transferring data to provide for the allowable use and security of the transferred information in accordance with this Privacy Policy and applicable law. If EST8 becomes aware that any such outside party is improperly using or disclosing Personal Information, it will notify that outside party and request that it take reasonable steps to cease such use or disclosure.

We may provide certain Personal Information as a service to others for their marketing purposes. We may also disclose your name and address to Service Providers when you submit User Generated Content relating to those Service Providers. If you properly notify us that you no longer want us to share your Personal Information, we will cease sharing your Personal Information. However, except as otherwise stated in this Privacy Policy, we do not directly control the third parties to which we share such Personal Information and you will need to further notify such third parties directly if you would like them to cease use of your Personal Information.

We may also disclose aggregate visitor data in order to describe the use of the Site and Services to our existing or potential business partners or other third parties, or in response to a government request. We may also share aggregated demographic and preference data with third parties to enable the provision of targeted information, promotions, offers and/or discounts on products and services.

Choice: Accessing Your Information and Opt-in/Opt-out Requests

To help you review, edit, and control how we use much of the information we collect about you, you can visit your “Manage My Accounts” webpage. On the “Manage My Accounts” webpage, you can update certain information and unsubscribe from receiving specific types of email messages and telephone calls, including autodialed or pre-recorded telemarketing calls placed by us or a third party on our behalf. You cannot, however, unsubscribe from receiving certain emails, such as account status and billing related emails, unless you close your account and fulfill any existing contractual obligations.

You can also ask us whether we are keeping information about you; ask how your information is being used; ask us to update or correct your information; or opt-out of our collection and use of certain information by sending an email to  specifying the nature and scope of your request. If you choose to opt-out of the collection and use of certain of your information, you understand that some services, may no longer be available to you, potentially requiring the cancelation of your Account. Please state in your correspondence the details of your request. We may require proof of your identity before we provide you with the requested information. We allow you to challenge the data that we hold about you and, where appropriate, you may have certain data erased, rectified, amended, or completed. Approved requests will be processed within ten (10) days of the date on which we receive the request.

Data Security, Integrity, and Access

The Personal Information you provide and we collect is stored within databases that we control directly or through our Administrative Service Providers. As we deem appropriate and as required by the applicable law, we use security measures appropriate for the sensitivity of the Personal Information and consistent with industry standards, including physical, organizational and technological protections, such as firewalls, to protect your Personal Information. We also use industry standard encryption technology to protect credit card and password information. However, since no security system is impenetrable, we cannot guarantee the security of our databases, nor can we guarantee that information you supply will not be intercepted while being transmitted to us over the Internet.

Personal Information may only be accessed by persons within our organization, our third party service providers who require such access to provide you with the services indicated above, or any other party that you have provided us with authorization to share such information with.

We retain Personal Information that we collect only as long as reasonably necessary to fulfill the purposes for which it was collected or to otherwise meet any legal requirements.

Your information may be transferred to, and maintained on, computers located outside of your state, province/territory, or country where the privacy laws may not be as protective as those where you live. If you are located outside the United States and choose to provide information to us, please be aware that we transfer Personal Information to the United States and process and store it there. As a result, this information may be subject to access requests from governments, courts, law enforcement officials and national security authorities in the United States according to its laws. Subject to the applicable laws, we will use reasonable efforts to ensure that appropriate protections are in place to maintain protections on the Personal Information. By submitting your Personal Information, you consent to having your personal data transferred to, processed, and stored in the United States. EST8 may assign you a user ID and a password when you as part of your participation and access to the Site and Services. Your user ID and password may only be used by you. You may not share your user ID and password with anyone else, and you are solely responsible for maintaining and protecting the confidentiality of your user ID and password. You are fully responsible for all activities that occur under your user ID and password. You can access and update your login information on your “Manage My Accounts” webpage.

Credit Card Information

We may share credit card information with trusted third parties in order to bill you for our service. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and payments or to validate your credit card information on file. Credit card information is encrypted during transmission and whenever stored within our systems or with our vendors. In addition to utilizing encryption that meets the US Government’s FIPS 140-2 Certification, we take care to store only the amount of information required to bill you for services.

Our credit card processing vendors use security measures to protect your information both during the transaction and after it’s complete. Credit card processing vendors are certified as compliant with multiple industry-standard compliance frameworks including the Payment Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.

Third Party Websites and Links

Please note that you may have cookies placed on your computer by third party websites that refer you to the Site. Although we do not share your Personal Information with these third party websites unless you have authorized us to do so, they may be able to link certain non-personally identifiable information we transfer to them with Personal Information they previously collected from you. Please review the privacy policies of each website you visit to better understand their privacy practices. In addition, EST8 would like to inform you that anytime you click on links (including advertising banners), which take you to third party websites, you will be subject to the third parties’ privacy policies. While we support the protection of our customer’s privacy on the Internet, EST8 expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties.

Our Site and Services may contain links to other sites operated by third parties. EST8 does not control such other sites and is not responsible for their content, their privacy policies, or their use of Personal Information. EST8’s inclusion of such links does not, by itself, imply any endorsement of the content on such sites or of their owners or operators except as disclosed on the Site and Services. Any information submitted by you directly to these third parties is subject to that third party’s privacy policy.

Children’s Privacy

EST8 does not intend the Site and Services to be used by individuals under the age of majority within the jurisdiction within which they reside without the supervision of a parent or guardian of majority age. EST8 relies upon such parents or guardians to determine if the Site and Services is appropriate for the viewing, access, or participation by such individuals under the age of majority. If an individual under the age of majority uses the Site and Services, such individual may only use the Site and Services under the supervision of a parent or guardian of majority age.

We do not seek or knowingly collect any Personal Information about children under 13 years of age. If we become aware that we have unknowingly collected Personal Information from a child under the age of 13, we will make commercially reasonable efforts to delete such information from our database.

If you are the parent or guardian of a minor child who has provided us with Personal Information, you may contact us using the information below to request it be deleted.

Governing Law; Visitors Residing Outside the United States

This Privacy Policy and the privacy practices of EST8 will be subject exclusively to the laws in which EST8 provides its services.

Your California Privacy Rights

This privacy policy describes how we may share your information for marketing purposes. It applies to all EST8 customers, including California residents:

• We share information with others as more fully set forth above in Disclosures and Transfers of Information.
• We share your information with other parts of our business and with our service providers. See above: Disclosures and Transfers of Information.

Your Nevada Privacy Rights

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. However, if you would like to be notified if we decide in the future to sell personal information covered by the Act, please go to to provide your name and email address. You are responsible for updating any change in your email address by the same method and we are not obligated to cross-reference other emails you may have otherwise provided us for other purposes. We will maintain this information and contact you if our plans change. At that time we will create a process for verifying your identity and providing an opportunity to verified consumers to complete their opt-out. Please become familiar with our data practices as set forth in this privacy policy. We may share your data as explained in this privacy policy, such as to enhance your experiences and our services, and those activities will be unaffected by a Nevada do not sell request. You may also have other choices regarding our data practices as set forth elsewhere in this privacy policy.

You may contact us with any questions, or to request a list of third parties to whom we may disclose information for marketing purposes and the categories of information we may disclose. See below: How to Contact us.

How to Contact Us

All requests, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by email at .

We welcome your questions and comments.

This California Consumer Act Privacy Notice (“CCPA Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”). For the purpose of this CCPA Notice, personal information applies to “Personal Information” as defined by the CCPA (also referred to herein as “PI”).

EST8 collects and shares the following categories of PI from the corresponding sources and for the corresponding purposes set forth in the table below.

Category of Personal Information	Sources of Personal Information	Purposes for Collection	Categories of Third Parties with whom Personal Information is shared	Purposes of Third Parties Receiving PI
1. Identifiers (e.g. Name, Phone Number, Email Address, I.P. Address, Account Name)	Directly from you; authentication partners; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging	EST8 affiliates; Service Professionals; Vendors which assist us in providing services and running our internal business operations (“Vendors”)	Performing services on behalf of EST8; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging
2. Personal Records (e.g. Name, Phone Number, Email Address)	Directly from you; authentication partners; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging	EST8 affiliates; Service Professionals; Vendors	Performing services on behalf of EST8; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8i’s services; security; fraud prevention; marketing; debugging
3. Consumer Characteristics	Data Enrichment Tools	Delivering services requested by you; marketing	Vendors	Delivering services requested by you; marketing
4. Customer Account Details / Commercial Information (e.g. details of service requests)	Directly from you; Data Enrichment Tools; Payment Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging	EST8 affiliates; Service Professionals; Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging
5. Internet Usage Information (e.g. information regarding your interaction with our services)	Directly from you; analytics partners; advertising partners	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging measuring advertising efficacy	Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8’s services; security; fraud prevention; marketing; debugging
6. Sensory Data (e.g. recordings of customer service calls)	Directly from you	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; improving EST8 services; security; fraud prevention	Vendors	Delivering services requested by you; processing and managing interactions and transactions; Research and Development; quality assurance; security; fraud prevention
7. Inferences from PI Collected (e.g. your preferences, likelihood of interest in certain of our services)	Data Management providers; advertising partners; internal systems	Delivering services requested by you; Measuring advertising efficacy; marketing; improving EST8’s services	Vendors	Performing services on behalf of EST8; processing and managing interactions and transactions; quality assurance; improving EST8 services; security; fraud prevention; marketing; debugging

In addition, we may collect, use and disclose your PI as required or permitted by applicable law, or as directed by you, in accordance with this Privacy Policy.

We do not “sell” personal information that we collect from you, in accordance with the definition of “sell” in the CCPA, and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your PI as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser.

Some browsers have signals that may be characterized as do not track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

California Consumers have the right to exercise the privacy rights under the CCPA. California Consumers may exercise these rights via an authorized agent who meets the agency requirements of the CCPA. Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions below and respond to any follow up inquires we may make.

Some personal information we maintain about Consumers is not sufficiently associated with enough personal information about the Consumer for us to be able to verify that it is a particular Consumer’s personal information (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA, we do not include that personal information in response to Verifiable Consumer Requests. If we cannot comply with a request, we will explain the reasons in our response.

We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose, and otherwise use and to respond to your California Consumer privacy rights requests. We will typically not charge a fee to fully respond to your requests, but we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded, or overly burdensome.

To make a request according to your right to request deletion of your PI set forth below, you may send a request by email (including the email address that you have used to transact with EST8 to .

You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date, by sending a request by email (including the email address that you have used to transact with EST8 to :

• The categories of PI we have collected about you.
• The categories of sources from which we collected your PI.
• The business or commercial purposes for our collecting or selling your PI.
• The categories of third parties to whom we have shared your PI.
• The specific pieces of PI we have collected about you.
• A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
• A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we sold your PI, we will explain:
  • The categories of your PI we have sold.
  • The categories of third parties to which we sold PI, by categories of PI sold for each third party.

You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining, by sending a request by email (including the email address that you have used to transact with EST8) to .

Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.

Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining. Note also that we are not required to delete your PI that we did not collect directly from you.

We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.

EST8 does not knowingly “sell” personal information that we collect from you, in accordance with the definition of “sell” in the California Consumer Privacy Act (“CCPA”), and will treat personal information we collect from you as subject to a do not sell request. There is not yet a consensus as to whether third-party cookies and tracking devices associated with our websites and mobile apps may constitute a “sale” of your personal information as defined by the CCPA. You can exercise control over browser-based cookies by adjusting the settings on your browser. We also list cookies and provide access to their privacy information and, if available, opt-out programs in our Privacy Policy. Further, you can learn more about your choices regarding certain kinds of online interest-based advertising with the Digital Advertising Alliance or the Network Advertising Initiative. We do not represent that these third-party tools, programs or statements are complete or accurate.

Some browsers have signals that may be characterized as do-not-track signals, but we do not understand them to operate in that manner or to indicate a do not sell expression by you, so we currently do not recognize these as a do not sell request. We understand that various parties are developing do not sell signals and we may recognize certain such signals if we conclude such a program is appropriate.

Receive Mobile Alerts through your mobile device. Text “MessageMe” to +1 844-242-8535 to receive text messages from EST8. Message and data rates may apply. Messaging frequency varies.

By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

By signing up, you are confirming you are over the age of 13.

STOP Information
Text STOP to +1 844-242-8535 to stop receiving Mobile Alerts messages from EST8 (you will receive a confirmation text).

HELP Information
For additional information, text HELP to +1 844-242-8535.

Below sets forth the EST8 Pay terms and conditions (“Terms and Conditions”) that govern the relationship between EST8 and Service Providers that advertise coupons and/or deals on the EST8 platform (“Advertisers,” or “you”) to EST8 consumers (“Consumers”).

When a project has been completed, you may be offered the ability to receive your payment from the Consumer directly via the EST8 Ads mobile application (“EST8 Pay”) in one of two ways, either by you requesting payment from a Consumer, or by a Consumer initiating payment to you. To request payment, you log into your EST8 Ads App, go to your Opportunity Details, and click request payment for the appropriate Opportunity. If a Consumer has sent you money for services, you will be able to log into your EST8 Ads App, select how you wish to be paid (either to your bank account or to a debit card), and the payment will be processed within twenty four (24) hours. You will have sixty (60) days after the Consumer submits a payment to collect the payment. Should you opt out of EST8 Pay (by going to Settings in your App, clicking the EST8 Pay section and selecting Disable EST8 Pay) or fail to collect your payment within this sixty-day period, you and the Consumer will be notified that the payment has been cancelled, and you will need to seek payment from the Consumer directly. EST8 Pay may not be used to charge a Opportunity fee to a consumer, it may only be used for collecting payment for a won job.

By participating in EST8 Pay and agreeing to the Terms and Conditions, you agree that you are accepting payments from EST8 Consumers via EST8 Pay and that EST8 is authorized to store your bank account or debit card information for future payments, and that EST8 may deposit all future payments into your EST8 Pay account. You further agree that you will not seek payment from the Consumer directly where you have received payment from the Consumer through EST8 Pay, and that you will only seek payment for services you have performed or will perform.

EST8, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for EST8 Pay with or without cause or notice, other than any notice required by any applicable law, and not waived herein. EST8 may ban you from using EST8 Pay if we believe you are abusing EST8 Pay. EST8 may also cancel a payment request made through EST8 Pay if such request is improper in EST8’s reasonable commercial discretion.

You acknowledge and agree that your payments made through EST8 Pay are transactions between you and the Consumer and not with EST8 or any of its affiliates.

EST8 Pay may not be used to process a payment, or otherwise transfer money between you and a Consumer, that is unrelated to the Consumer’s purchase of services from you. You may not use EST8 Pay to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use EST8 Pay to purchase any services or products that violate this Agreement, other policies or rules applicable to EST8 Pay, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of EST8 Pay and/or this Agreement.

You agree to release EST8, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to EST8 Pay. You agree that you will not involve EST8 in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with EST8 Pay. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of EST8 and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Sections 24-25. However, nothing in this Agreement waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws.

Payment processing services for Advertisers are provided by EST8’s payment processor and are subject to the payment processor’s Connected Account Agreement. By agreeing to these terms herein, you agree to be bound by EST8’s payment processor’s Services Agreement, as the same may be modified by EST8’s payment processor from time to time. As a condition of participating in EST8 Pay through EST8’s payment processor, you agree to provide EST8 accurate and complete information about you and your business, and you authorize EST8 to share it and transaction information related to your use of the payment processing services provided by EST8’s payment processor. You also authorize EST8 to pass on information provided by you (e.g. your date of birth or the last four digits of your social security number) to EST8’s payment processor so that EST8’s payment processor may use it to protect the integrity of your account.

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.

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 EST8 or third parties, or any payments to consumers that EST8 makes, then EST8 may either charge your method of payment on file with us for such payments, or withhold any payments to you for as long as we determine any related risks to EST8 or third parties persist. For any amounts that we determine you owe us, we may (i) immediately charge your method of payment; (ii) 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; (iii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iv) reverse any credits to your bank account; or (v) collect payment or reimbursement from you by any other lawful means.

By using, accessing, or registering on this site, any related individual, market specific or other sites, and/or mobile applications related to EST8 and their affiliates, parents, and subsidiaries (collectively, “EST8,” the “Company” or “us”) and/or participating in the Company’s “Scheduling Home Resources Service”, you (“you” or “User”) 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 (this “Agreement” or “Terms and Conditions”). This Agreement governs your use of our services and platform that facilitates communications between Users and independent home service providers for Scheduling Home Resources Service offered through the Company, as it may be modified, relocated and/or redirected from time to time. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Company’s services. The Company’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 Company’s services, 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 authority to act on behalf of that entity and to bind that entity to this Agreement. Except as set forth in preceding sentence, the right to use the Company’s services is personal to you and is not transferable to any other person or entity. IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY.

1. SCHEDULING HOME RESOURCES SERVICE

The Company, through its technology platform, makes available certain home services to individuals and companies seeking to obtain home services (“Requesters”) that the Company fulfills using independently-established home service providers customarily engaged in a trade, occupation and/or business of providing the services requested (“Service Providers”). Certain of these services are “Scheduling Home Resources Service,” for which you will pay the Company for your home service upfront and book the time and date of your service through our online portal.

2. SCREENING FOR SCHEDULING HOME RESOURCES SERVICE
   1. For Scheduling Home Resources Service, we use a multi-step process to screen potential Service Providers, as described further below. The process is designed to filter qualified potential Service Providers with appropriate backgrounds in compliance with applicable law. For Scheduling Home Resources Service, we currently use a third-party background check provider to conduct the background checks. The eligibility criteria for Service Providers may be modified from time to time by the Company without notice to you. With respect to criminal background checks, you acknowledge and understand that the Company makes no guarantee with respect to the accuracy, reliability or quality of information received from any such third parties. You further understand and acknowledge that the Company relies upon representations from the Service Provider with respect to certain information pertaining to the Service Provider. The Company has no obligation or duty to perform or disclose the results of criminal background, financial, licensure or other information received from any investigation or background check.
   2. You should make whatever investigation or other resources that you deem necessary or appropriate before participating in Scheduling Home Resources Service.
      THE COMPANY PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES TO REGISTER WITH THE COMPANY. THE COMPANY CANNOT AND DOES NOT WARRANT OR REPRESENT THAT A SERVICE PROVIDER’S PROFILE AND BACKGROUND CHECK SCREENING INFORMATION IS UP TO DATE. THE COMPANY IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER’S BACKGROUND CHECK OR PROFILE. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING SERVICE PROVIDERS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SCHEDULING HOME RESOURCES SERVICE.
3. PAYMENT FOR SCHEDULING HOME RESOURCES SERVICE; TRUST & SAFETY FEE; SPECIAL PROMOTIONS
   1. Either prior to a scheduled Scheduling Home Resources Service or immediately following the scheduled end time of a Scheduling Home Resources Service, we will charge the Requester’s credit card for those Scheduling Home Resources Service the Requester has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Scheduling Home Resources Service, and the Requester hereby authorizes us to charge any credit card on file in the Requester’s EST8 account or other previously approved payment methods for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving the Company (or a third-party payment processor on the Company’s behalf) permission to charge any on-file credit card, debit card, or other previously approved methods of payment for fees that you owe the Company. Depending on the transaction you selected or services requested, the Company 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 Scheduling Home Resources Service 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 the Company 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 Scheduling Home Resources Service transaction. Seventy-two (72) after a Scheduling Home Resources Service is completed, if there is no complaint by the Requester, we will mark the Scheduling Home Resources Service as closed.
   2. 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. 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 Scheduling Home Resources Service(s) provided (other than taxes based on the Company’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 the Company or third parties, then the Company may withhold any payments to you for as long as we determine any related risks to the Company or third parties persist. For any amounts that we determine you owe us, we may (i) 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; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) 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.
   3. Recurrent Service with Automatic Renewal and Recurring Charges.
      (i) Recurring Service: When requesting certain Scheduling Home Resources Service, Requesters may have the option of choosing that the Scheduling Home Resources Service is 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 Company will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. The Company cannot guarantee that the same Service Provider will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled or modified.
      (ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Requester signs up for a Recurrent Service, Requester will be charged for the initial booking as provided in Section 3(a). THEREAFTER, REQUESTER’S AGREEMENT TO PAY FOR THE SCHEDULING HOME RESOURCES SERVICE WILL AUTOMATICALLY RENEW AND REQUESTER’S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO REQUESTER AT THE TIME OF SIGNING UP FOR THE RECURRENT SERVICE, IN ADVANCE OF EACH AUTOMATICALLY SCHEDULED SCHEDULING HOME RESOURCES SERVICE APPOINTMENT, AS WELL AS FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.(iii) CANCELLATION OF AUTOMATICALLY RENEWING RECURRING SERVICE:
      Requesters may cancel the automatically renewing Recurrent Service AT ANY TIME by sending an email to . REQUESTERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT SCHEDULING HOME RESOURCES SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT SCHEDULING HOME RESOURCES SERVICE PURSUANT TO THE COMPANY’S CANCELLATION POLICY AS SET FORTH IN SECTION 10.
   4. EST8 Trust and Support Fee. The Company may assess an additional “Trust and Support Fee” to support the Scheduling Home Resources Service, including costs related to background checks, insurance, customer support, and related services provided to you by the Company in connection with the Scheduling Home Resources Service. The Trust and Support Fee will be applied to each appointment of a Professional Service requested through the Scheduling Home Resources Service (e.g., if you requested a Recurrent 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 the Company in its entirety.
   5. Dormant Account Service Charge. An account is considered dormant/inactive if it has had no activity for a period of six (6) months. Activity would include applying any portion of a credit balance to payment for Professional Services. Where permitted by applicable law, a dormant account fee of up to $10 is assessed monthly until the account is reactivated or the balance has reached zero. To reactivate your account, please contact us at .
   6. Referral Discounts. In the event that you are given a code through which you may refer a friend to Scheduling Home Resources Service in exchange for a referral discount, 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. The Company’s referral discounts are redeemable for Scheduling Home Resources Service or service requests paid for through EST8 Pay on the EST8 App. The Company’s referral discounts 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.
4. SATISFACTION GUARANTEE FOR SCHEDULING HOME RESOURCES SERVICE
   1. Scheduling Home Resources Service are eligible for the Company’s Satisfaction
5. OTHER OFFERS AND DISCOUNTS
   1. Promotional Coupon.
      (i) Promotional coupons are only eligible for the specific services designated by the Company. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. The Company reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
      (ii) The Company’s promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Company’s services. Promotional coupons may not be purchased for cash and the Company does not sell promotional coupons. Promotional coupons are nonrefundable.
      (iii) Promotional coupons 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.
      (iv) Your EST8 account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your EST8 account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
   2. No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, the Company, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider and is made directly by and between the Service Provider and you.
6. INFORMATION YOU PROVIDE TO US/CONSENT TO BE CONTACTED
   1. General: Upon using the Company’s services, 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 Service Providers, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent and agree to accept to being contacted by us and by our Service Providers, via phone, fax, 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. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by the Company, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages, sent by or on behalf of the Company, its affiliates, subsidiaries, parents and/or Users/Service Providers, including but not limited to: operational communications concerning your account or use of the Company or its services, updates concerning new and existing features offered by the Company, communications concerning promotions run by us, and news concerning the Company and industry developments. You also authorize the Company to send you an automated prerecorded call confirming your service request, along with calls from Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either the Company or the Service Providers 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 our websites, communications concerning promotions run by us, and news concerning the Company and industry developments, and that your consent is not required to purchase products or services. You agree that by completing a service request, you are entering into a business relationship with the Company and/or a Service Provider and thus agree to be contacted by the Company and/or a Service Provider. You acknowledge that you are not required to consent to receive promotional messages or phone calls as a condition of using the Company’s 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 the Company at any time.
   2. Recording: You acknowledge that the Company 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 the Company’s use of a third party service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider using a telephone number provided by the Company. During this process, the Company and its service provider will 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 the Company’s use and disclosure of this call data for its legitimate business purposes.
   3. Provisions Specific to Text Messaging: You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from the Company, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. The Company reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. The Company also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. The Company, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our text number or in reply to a text message to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our text number or in reply to a text message you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that the Company and its Service Providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from the Company through any other programs you have joined until you separately unsubscribe from those programs. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Professionals, your use of the Company’s services may be impacted. The Company and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company’s messaging platform. Text the keyword HELP to our text number to return customer care contact information.
   4. False Information: You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Providers 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 the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse any current or future use of our services (or any portion thereof) by you. You are responsible for any use of services offered by the Company by persons to whom you intentionally or negligently allow access to your password. 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 THE COMPANY AND THE SERVICE PROVIDERS, 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 FOR A PROJECT ADVISOR SERVICE, 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 THE COMPANY AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF THE COMPANY AND EACH OF THE AFFECTED SERVICEPROVIDERS 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, WHICHEVER IS GREATER.
   5. Emails: The Company may send you confirmation and other transactional emails regarding the Scheduling Home Resources Service. The Company and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us. By submitting a service request, you agree that the Company and the Service Providers may send you informational text (SMS) messages as part of the normal business practice of the Company. These text (SMS) messages shall not be used for marketing purposes. You may choose to opt-out of receiving text (SMS) messages from the Company at any time by texting the word STOP to out text number from the mobile device that is receiving the messages. You acknowledge that by opting out of receiving text (SMS) messages from the Company and the Service Providers, your use of the Company’s services may be impacted. The Company, its affiliates and its third party service providers may view, store, access and disclose messages exchanged between you and consumers transmitted via the Company’s messaging platform.
7. CALL RECORDING
   You acknowledge and agree that the Company, and its third party service providers, may monitor and/or record any telephone calls between you and the Company.
8. ACCOUNT SECURITY
   
   1. 1. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Company’s services. You are solely and fully responsible for all activities that occur under your password or account, except that the Company may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Scheduling Home Resources Service appointment. The Company has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at .
   1. 2. You will provide us with such proof of identity as we may reasonably request from time to time.
9. TERM AND TERMINATION
   1. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
   2. Termination by the Company. We may terminate this Agreement or terminate or suspend your right to use the Company’s services at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Company’s properties, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, ”Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Company’s services due to any Prohibited Conduct, we will refund in full any payments for Scheduling Home Resources Service that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, the Company may delete the account and all the information in it. You have no ownership rights to your account.
   3. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Company’s services (provided that there are no outstanding Scheduling Home Resources Service ordered under your password or account) and by closing any account you have opened on the Company’s platforms. If you attempt to terminate this Agreement while there are still outstanding Scheduling Home Resources Service ordered under your password or account, this Agreement shall not terminate until such Scheduling Home Resources Service have been performed or otherwise canceled as permitted by the Company.
   4. Cancellation Policy for Service Cancellation by Requester. The Company’s cancellation policy for Scheduling Home Resources Service is as follows: Requesters may cancel their scheduled Scheduling Home Resources Service appointments through the Company at any time, subject to the following conditions: (i) if a Requester cancels more than 24 hours before a scheduled Scheduling Home Resources Service appointment, there is no cancellation fee; (ii) if a Requester cancels between 2-24 hours before a scheduled Scheduling Home Resources Service appointment, the Requester will be charged a $15 cancellation fee; and (iii) if the Requester cancels during the 2 hours before a scheduled Scheduling Home Resources Service appointment, the Requester will be charged the full Scheduling Home Resources Service amount. This cancellation policy applies both for one-time Scheduling Home Resources Service bookings and for recurring Scheduling Home Resources Service appointments. A Scheduling Home Resources Service appointment may be canceled through the EST8 platform.
   5. Policy for Service Cancellation by Service Provider. When a Service Provider cancels a scheduled Scheduling Home Resources Service appointment, the Company generally notifies the Requester and makes the Requester’s Scheduling Home Resources Service request available for another Service Provider to select. However, the Company cannot guarantee that a canceled Scheduling Home Resources Service appointment will be selected by another Service Provider and rescheduled or that the Scheduling Home Resources Service request will be completed. For Recurrent Service Requesters, if a Scheduling Home Resources Service appointment is canceled by a Service Provider, Requester will not be charged for that Scheduling Home Resources Service appointment.
10. LIMITED LICENSE; INTELLECTUAL PROPERTY RIGHTS
    
    The Company, its platform, and the information, data, content and materials, which it contains (“Company Materials”), are the property of the Company and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which the Company has a right to use as described below. The Company Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The Company and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Company Materials. Any use of Company Materials, other than as expressly permitted herein, is prohibited without the prior permission of the Company and/or the relevant right holder. The service marks and trademarks of the Company, including logos are service marks owned by the Company. Any other trademarks, service marks, logos and/or trade names appearing on the Company’s platform or websites are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Company’s platform or websites without the express prior written consent of the owner.

 

11. REVIEWS; CONTENT LICENSE

 

1. The Company may ask that you submit a written review upon completion of a Scheduling Home Resources Service. If you receive a request for a review, you agree to submit a written review with respect to the provision of such services.
2. Although the Company does not claim ownership of any of the communications, information, review, data, text or other materials you give us (collectively, the “Content”), by providing Content to the Company via its platform and websites, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing the Company with Content, you automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content by any other party.

12. MODIFICATION, LIMITATION AND DISCONTINUANCE
    
    The Company reserves the right at any time to limit access to, modify, change or discontinue Scheduling Home Resources Service with or without notice to you and we shall not be liable to you for any such modification, suspension or discontinuance of Scheduling Home Resources Service. You agree that the Company will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of Scheduling Home Resources Service. You agree that the Company may establish general practices, policies and limits, which may or may not be published, concerning the use or operation of Scheduling Home Resources Service.
13. DELAYSThe Company is not responsible for any delays, failures or other damage resulting from delays and/or other problems inherent in the use of the Internet and electronic communications.
14. FEEDBACK
    Although we do value your feedback on our platform, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such submissions will be the property of the Company. In addition, none of the Submissions will be subject to any obligations of confidentiality and the Company will not be liable for any future use or disclosure of such Submissions.
15. RATINGS & REVIEWS ARE NOT ENDORSED BY THE COMPANYAll Ratings and Reviews of a Service Provider displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of the Company. The Company disclaims any and all representations or warranties with regard to the Ratings and Reviews. The Company does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from any use of the Company’s platform or websites or the materials contained therein.
16. ARTICLES AND OTHER CONTENTThe Company provides certain content relating to home inspection, improvement, repair, maintenance (“Articles”), on the Company’s platform, websites or apps. 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 Service Provider.
17. LINKS TO THIRD PARTY SITESThe links in the Company’s platform, websites or apps may lead you off of properties owned and operated by the Company. The linked sites are not under the control of the Company and the Company 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. The Company is not responsible for webcasting or any other form of transmission received from any linked site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD THE COMPANY HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
18. THIRD PARTY COPYRIGHTS AND OTHER RIGHTSThe Company respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), EST8 will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is: . If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following: 1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive Right that is allegedly infringed;
    identification of the copyrighted work or trademark claimed to have been infringed, or, if multiple copyrighted works or trademarks at a single online site are covered by a single notification, a representative list of such works at that site; 3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. information reasonably sufficient to permit us to contact You, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted; 5. a statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law; and 6. a statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. EST8 will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
19. RULES FOR USE OF THE COMPANY’S SERVICESDuring the term of this Agreement, Requesters may use the Company’s services 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 Company’s services to request Scheduling Home Resources Service solely with respect to a location where the Requester is legally authorized to have such services performed. Requesters may not use the Company’s services for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Scheduling Home Resources Service is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Service Providers 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 co-operation to Service Providers to enable them to supply Scheduling Home Resources Service. Requesters agree to comply with our complaint and other policies designated on the site. Requesters acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Company’s services to do any of the following:
    1. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
    2. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
    3. 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.
    4. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
    5. Use the Company’s services or any Scheduling Home Resources Service for any purpose or in any manner that is in violation of local, state, national, or international law.
    6. 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.
    7. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Company. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Scheduling Home Resources Service facilitated through the Company without express written permission from us.
    8. Use the Company’s services to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
    9. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
    10. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
    11. Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
    12. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Company, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
    13. Restrict or inhibit any other User from using and enjoying the Company’s services.
    14. Imply or state that any statements you make are endorsed by us, without our prior written consent.
    15. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Company, 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 Company’s properties in any manner, or attempt to do any of the foregoing.
    16. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
    17. 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.
    18. 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.
    19. Register to use the Company’s services under different usernames or identities, after your account has been suspended or terminated.
    20. Mirror or archive any part of the Company’s platform, websites, or apps, or any content or material contained on the Company’s properties without the Company’s written permission.
    21. 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.
    22. Alter transmission data without the Company’s consent.
20. CONFIDENTIALITYThe term “Confidential Information” shall mean any and all of the Company’s trade secrets, confidential and proprietary information, personal information and all other information and data of the Company 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 Company’s platform, websites, and apps contain secured components that are accessible only to those who have been granted a username and password by the Company. Information contained within the secure components of the Company’s properties is confidential and proprietary. You acknowledge that Confidential Information is a valuable, special and unique asset of the Company and agree that you will not use Confidential Information other than as necessary for you to make use of the Company’s services 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 Company 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 Company upon termination of this Agreement for any reason whatsoever.
21. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITEPermission to use documents (such as press releases, data sheets, content, informational items and FAQs) from the Company’s 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 the Company. 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 Company’s platform, websites or apps or any other Company owned, operated, licensed or controlled site. Elements of the Company’s platform, websites 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 Company property may be copied or retransmitted unless expressly permitted by the Company. 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.THE COMPANY 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. THE COMPANY 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 COMPANY WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY 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.
22. WARRANTY DISCLAIMERYou understand and agree that TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SCHEDULING HOME RESOURCES SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT THE COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO THE SCHEDULING HOME RESOURCES SERVICES PROGRAM. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY (A) THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (B) THAT ANY CONTENT OR INFORMATION YOU PROVIDE OR THE COMPANY COLLECTS WILL NOT BE DISCLOSED, (C) THAT ANY SERVICE PROVIDER OR GOODS SOLD OR PROVIDED IN CONNECTION WITH SCHEDULING HOME RESOURCES SERVICE WILL BE FREE FROM DEFECT, (D) THAT ANY ERRORS IN ANY SERVICE WILL BE CORRECTED, (E) AS TO ANY SERVICE PROVIDER’S REGISTRATION, SERVICE PROVIDER ACCREDITATION OR LICENSE, (F) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE COMPANY’S SERVICES, OR (G) AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SCHEDULING HOME RESOURCES SERVICE, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICES OR THIS AGREEMENT. NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE COMPANY’S SERVICES (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR SERVICE PROVIDERS). NEITHER THE COMPANY NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE COMPANY’S PROPERTIES ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT THE PARTICIPATION IN SCHEDULING HOME RESOURCES SERVICE, USE OF SERVICES OFFERED BY AND THROUGH THE COMPANY, AND THE SITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

 

23. LIMITATION OF LIABILITYYOU AGREE NOT TO HOLD THE COMPANY, 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 COMPANY’S SERVICES, 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 THE COMPANY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL THE COMPANY 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 COMPANY’S SERVICES OR ANY SCHEDULING HOME RESOURCES SERVICE, 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 COMPANY’S SATISFACTION GUARANTEE, UNDER NO CIRCUMSTANCES WILL THE COMPANY OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USETHE COMPANY’S SERVICES OR SCHEDULING HOME RESOURCES SERVICE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. THE COMPANY AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE COMPANY, THE SCHEDULING HOME RESOURCES SERVICE, 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 COMPANY 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 THE COMPANY DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE COMPANY’S SATISFACTION NEITHER THE COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY (AND THERE IS NO BASIS FOR ANY PRESENT OR FUTURE ACTION, SUIT, PROCEEEDING, HEARING, INVESTIGATION, CHARGE, COMPLAINT, CLAIM, OR DEMAND AGAINST THE COMPANY OR ITS AFFILIATES GIVING RISE TO ANY LIABILITY) ARISING OUT OF ANY INJURY TO INVIDIDUALS OR PROPERTY AS A RESULT OF THE OWNERSHIP, POSSESSION, OR USE OF ANY PRODUCT SOLD, PURCHASED, INSTALLED, OR DELIVERED BY THE COMPANY OR ANY OF ITS AFFILIATES.NOTHING IN THIS AGREEMENT OR ON THE COMPANY’S PLATFORM, WEBSITES OR APPS 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 SERVICE PROVIDER. BY USING THE COMPANY’S SERVICES, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT INTHIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE COMPANY’S SERVICES. YOU ACCEPT THAT THE COMPANY 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 COMPANY’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 COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS THE COMPANY. 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.
24. INDEMNIFICATIONYou agree to indemnify, defend and hold harmless the Company, its officers, directors, parents, subsidiaries, affiliates, managers, owners, employees, agents, designees, users, successors, assigns, service providers, attorneys, independent contractors and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and costs incurred due to or arising from: (a) any violation of this Agreement by you; (b) any goods or services purchased by or contracted by you through Scheduling Home Resources Service; (c) any violation of any rights of another or harm you may have caused to another; (d) your violation of any applicable law or regulation; (e) your violation of the rights of another (including but not limited to Service Providers), and (f) Your information and Content that you submit or transmit through the Company’s properties. The Company 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 Company.

 

25. NOTICEYou agree that the Company may communicate any notices to you under this Agreement, through electronic mail or posting the notices on the Site. All notices to the Company will be provided by an email to . Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

 

26. MUTUAL ARBITRATION AGREEMENT

1. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and the Company, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and the Company 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 Company. The Company’s address for such notices is: .
2. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and the Company 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 Company 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.
3. Excluded Disputes. You and the Company 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.
4. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION. You and the Company 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.
5. 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.
6. Severability. You and the Company 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 27 will be given full force and effect.
   5. 27. GOVERNING LAW; JURISDICTION; TIME LIMITATION FOR CLAIMSExcept for the Arbitration Agreement in Section 27, 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 California, 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 Alameda, California. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Company’s platform, websites or apps or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
      28. INDEPENDENT SERVICE PROVIDERSTHE COMPANY PROVIDES A SOFTWARE PLATFORM WHICH ALLOWS YOU TO PURCHASE SCHEDULING HOME RESOURCES SERVICES FROM THE COMPANY THAT THE COMPANY FULFILLS USING INDEPENDENT SERVICE PROVIDERS. THE COMPANY IS NOT THE EMPLOYER OF ANY SERVICE PROVIDER AND SERVICE PROVIDERS ARE NOT THE COMPANY’S AGENT FOR ANY PURPOSE WHATSOEVER. YOU ACKNOWLEDGE THAT THE INDEPENDENT SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS AND THE COMPANY DOES NOT SUPERVISE, DIRECT, OR CONTROL A SERVICE PROVIDER’S WORK IN ANY MANNER.
      29. ENTIRE AGREEMENTThis Agreement along with the general EST8 Terms of Use governs your use of the Company’s platform, websites and apps and constitutes the entire agreement between you and the Company with respect to the Scheduling Home Resources Services. In the event of a conflict between this Agreement and the general EST8 Terms of Use, this Agreement controls. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and the Company regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to the Company under this Agreement.
      30. MISCELLANEOUSThis Agreement may not be re-sold or assigned by you. If you assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of the Company’s rights if the Company fails to enforce any of the terms or conditions of this Agreement against you. In the event a court finds a provision in this Agreement to not be valid, you and the Company agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between you and the Company as a result of this Agreement or your use of the Company’s properties. You acknowledge and agree that each of the Members shall be an intended third party beneficiary of this Agreement. Except as provided in the foregoing sentence, you agree that no other third party shall be a beneficiary of this Agreement. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SITE. OR PARTICIPATE IN SCHEDULING HOME RESOURCES SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.