IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
Rapid Task Pro’s mobile app and its website, rapidtaskpro.com, is an on-demand services marketplace platform that connects businesses/professional service providers of consumer services (e.g. electricians, pet groomers, accountants, salons etc.) with consumers seeking such services designed and developed by Marogeh LLC DBA Rapid Task Pro (“Rapid Task Pro” "we," "our," or "us") helps Consumers (“Consumer”) search, utilize, research, hire, transact, rate, and review businesses (Schedule, Communicate, Reschedule, Accept, Reject, Receive invoice, Pay invoice, and other functions and features) prospective service providers (“Service Provider”, “Provider”) to fulfill Consumer needs. Each of the Consumers and/or Service Providers may hereafter be referred to as a “you,” “your,” “User” or collectively as “Users” who transact and interact using the Rapid Task Pro platform.
The following Terms of Use outline your obligations when using the “Rapid Task Pro” website(s), mobile application(s), Services, etc, (“Rapid Task Pro Platform”, “The Platform” “Platform”) designed and developed by Rapid Task Pro.
ACCEPTANCE OF THESE TERMS
This Terms of Use Agreement ("Terms"), including the binding arbitration and class action waiver below, governs your access to and use of the Rapid Task Pro Platform, as well as your overall relationship with Rapid Task Pro.
All references to “you” or “your” refer to any person or entity accessing or using the Platform, including your heirs, assigns, and successors. If you are using the Platform on behalf of an entity, you represent and warrant that you have authority to bind that entity. In such cases, “you” includes the entity and its directors, officers, employees, and agents.
If you use the Rapid Task Pro Platform to search for, schedule, receive, or pay for product(s) or services (collectively, “Services”), whether as an individual or business, you are a “Consumer” User and are the buyer or recipient of Services offered by Service Providers.
If you use the Platform to offer, sell, or provide Services, either individually or on behalf of an entity, you are a “Service Provider” User. You represent and warrant that you have authority to bind yourself or your entity to these Terms. In such cases, “you” includes that entity and its directors, officers, employees, representatives, and agents.
To use the Rapid Task Pro Platform, you must accept these Terms, including any updates we may make at our sole discretion. We strongly recommend reviewing this Agreement and any linked terms and policies. By accepting these Terms, you acknowledge that your use of the Rapid Task Pro app, website (rapidtaskpro.com), or any related site may also be subject to additional terms, agreements, and privacy policies.
PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE, YOU MAY NOT USE THE PLATFORM. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS AS IF YOU HAD SIGNED A WRITTEN CONTRACT.
MODIFICATIONS OF TERMS OF USE
Rapid Task Pro reserves the right, in its sole discretion, to modify these Terms of Use, agreements, privacy policies, and any other documents incorporated by reference herein, at any time and without prior notice. Rapid Task Pro will notify you of changes by posting on the Rapid Task Pro Terms of Use website, notifying you when you are logged into your account. Modifications will become effective thirty (30) days after the earliest of: (a)
modifications being posted on the Rapid Task Pro Terms of Use website; (b) Rapid Task Pro’s electronic transmission of a notification to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the thirty (30) days shall constitute your consent to the changes. If you do not agree, you may not access or use the Rapid Task Pro Platform.
Rapid Task Pro regularly monitors its Platform policies, business practices, and compliance procedures to reflect changes in applicable law, technology, industry standards, and business practices. We reserve the right to implement updates, revisions, or clarifications to ensure continued compliance with federal, state, and international laws and regulatory guidance.
ADDITIONAL TERMS AND POLICIES
Please review Rapid Task Pro’s [Privacy Policy], which is incorporated into these Terms by reference, for information on how we collect, use, and share your personal information. Your use of the Platform is also subject to our obligations under applicable data privacy laws, including but not limited to the California Consumer Privacy laws and any similar consumer rights statutes. For more information on how we manage personal information, including your right to opt out of the sale or sharing of personal data, manage cookies, or submit access or deletion requests, please refer to our Privacy Policy.
KEY TERMS
"SaaS" means Software as a Service is a way of delivering applications over the Internet; as a service.
"Website" means the website(s) and, or mobile app(s) that we operate.
"App" means the website(s) and, or mobile app(s) that we operate.
“Rapid Task Pro” OR “Rapid Task Pro Platform” OR “The Platform” OR "Platform" means all Rapid Task Pro websites, mobile or other applications, software, processes, and any other services provided by or through Rapid Task Pro.
"Collective Content" means User Content and Rapid Task Pro Content together.
"Content" means text, graphics, images, music, software, voice, audio, video, information, or other materials, including but not limited to profile information, service requests, quotes, message threads, reviews, ratings, scheduling and calendar information, posts, ads, promotions, and other information or materials available on or through the Platform.
"Platform User" OR "User" means a person or entity who completes Rapid Task Pro's account registration process or a person or entity who submits or receives a request through Rapid Task Pro, including but not limited to Service Providers and Consumers.
"Consumer" means a Platform User who is registered to receive quotes for Services, requests quotes for Services, or otherwise uses the Platform to receive, pay for, review, communicate, or facilitate the receipt of Services.
"Service Provider" means a Platform User who is registered to send quotes for Services, advertise, offer promotions, communicate, or otherwise use the Platform to offer, provide, receive payment for, or facilitate the provision of Services.
“Provider Employee" means a Platform User who is registered, employed and represents a Service Provider (Collectively as “Service Provider”) to send quotes for Services, advertise, offer promotions, communicate, or otherwise use the Platform to offer, provide, receive payment for, or facilitate the provision of Services.
"Services" OR “Service” means the products, goods, services listed, quoted, scheduled, offered or provided by Service Providers, or sought, bought, purchased, scheduled or received by Consumers, through the Platform.
“Rapid Task Pro Services” OR “Rapid Task Pro Service” means the products, goods, services listed, quoted, scheduled, subscriptions, plans offered or provided by the Rapid Task Pro Platform, or sought, bought, purchased, scheduled or received by Consumers or Service Providers through the Platform.
"Rapid Task Pro Content" means all Content Rapid Task Pro makes available on or through the Platform, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Platform User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Rapid Task Pro Content and Feedback.
"Plan" means the pricing plan that you choose in connection with a Subscription for the associated functionality and services.
"Subscription" means Your subscription to the Services through a Plan of your choice for your access and use of Rapid Task Pro platform user account.
"Charges" means demand (an amount) as a price from Rapid Task Pro Platform for a service rendered or Services supplied either to and from a Platform User, Service Provider, Provider Employee, Consumer, User, etc.
"Walk-In Service" means Consumer walks, visits, enters into the Service Provider’s business location, office, store, etc., and gets honored desired Services requested on the Rapid Task Pro Platform.
"In-Home Service" means Service Provider visits Consumer’s service address, location, site to render the requested Services on the Rapid Task Pro Platform.
"On-Demand Service" means Service Provider visits Consumer’s real-time current location, site to render the requested Services on the Rapid Task Pro Platform.
"Service Data" means the physical and/or electronic, virtual information such as (but not limited) personal, business, transactional, geolocation, address, date, time, communication (text, audio, video, attachments), images, graphics, files, etc, available on Rapid Task Pro platform.
"Gratuity" or "Tips" means a sum of monetary value customarily given, paid, committed by a Platform User towards the Services received on the Rapid Task Pro Platform, in addition to the basic price of the Services.
["Protection Plan" means a promise about the quality, condition, or reliability of a product or Services or service that you procure from a Service Provider on the Rapid Task Pro Platform. ]
ELIGIBILITY, SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM
ACCESS TO AND USE OF THE PLATFORM IS AVAILABLE ONLY TO INDIVIDUALS WHO ARE AT LEAST 18 YEARS OLD AND CAN FORM LEGALLY BINDING CONTRACTS UNDER APPLICABLE LAW. BY ACCESSING OR USING THE PLATFORM, YOU REPRESENT AND WARRANT THAT YOU ARE ELIGIBLE.
BY REGISTERING OR USING THE PLATFORM TO OFFER, POST, OR PROVIDE SERVICES, SERVICE PROVIDERS REPRESENT AND WARRANT THAT THEY, AND THE EMPLOYEES, AGENTS, CONTRACTORS, AND SUBCONTRACTORS WHO MAY PERFORM WORK FOR THEM, ARE MAY PROPERLY AND FULLY QUALIFIED AND EXPERIENCED, AND LICENSED, CERTIFIED, BONDED, AND INSURED, AS REQUIRED BY APPLICABLE LAWS OR REGULATIONS TO WHICH THEY MAY BE SUBJECT IN THE JURISDICTION(S) IN WHICH THEY OFFER THEIR SERVICES AND IN RELATION TO THE SPECIFIC JOB THEY ARE PERFORMING. SERVICE PROVIDERS OTHERWISE AGREE TO COMPLY WITH ALL APPLICABLE LAWS, INCLUDING THE CALIFORNIA CONSUMER PRIVACY ACT, IN THEIR USE OF THE PLATFORM AND ANY PERSONAL INFORMATION OBTAINED FROM THE PLATFORM.
CONSUMERS ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY VERIFYING WHETHER A SERVICE PROVIDER HOLDS THE REQUIRED LICENSES, PERMITS, OR INSURANCE AS MAY BE REQUIRED BY LAW OR INDUSTRY STANDARDS IN THE APPLICABLE JURISDICTION. RAPID TASK PRO DOES NOT GUARANTEE OR WARRANT THAT ANY SERVICE PROVIDER IS APPROPRIATELY LICENSED, CERTIFIED, BONDED, OR INSURED. CONSUMERS ARE ENCOURAGED TO REVIEW THIS INFORMATION BEFORE HIRING ANY SERVICE PROVIDER THROUGH THE PLATFORM.
RAPID TASK PRO IS NOT IN THE BUSINESS OF PROVIDING SERVICES. SERVICE PROVIDERS AND PLATFORM USERS UNDERSTAND AND AGREE THAT BY CREATING AND MAINTAINING AN ACCOUNT ON THE PLATFORM, USERS RECEIVE ONLY THE ABILITY TO USE THE Rapid Task Pro PLATFORM TO ACCESS CONSUMERS INTERESTED IN RECEIVING SERVICES AND RELATED TOOLS, INCLUDING BUT NOT LIMITED TO THE ABILITY TO COLLABORATE THOSE CONSUMERS OR SCHEDULE APPOINTMENTS, THAT FACILITATE THE PROVISION OF SERVICES. FOR EXAMPLE, CONSUMERS MAY USE THE PLATFORM TO INTENTIONALLY INTERACT WITH SERVICE PROVIDERS REGARDING SERVICES. SERVICE PROVIDERS UNDERSTAND AND AGREE THAT USING THE PLATFORM DOES NOT GUARANTEE THAT ANYONE WILL ENGAGE THEM FOR SERVICES.
SERVICE PROVIDERS UNDERSTAND AND AGREE THAT THEY ARE THE USERS OF THE RAPID TASK PRO PLATFORM AND ARE NOT RAPID TASK PRO EMPLOYEES OR EMPLOYED OR CONTRACTED OR JOINT VENTURERS, PARTNERS, OR AGENTS. SERVICE PROVIDERS ACKNOWLEDGE THAT THEY SET OR CONFIRM THEIR OWN INCLUDING BUT NOT LIMITED TO: SERVICE DURATION, PRICES, ESTIMATES, TAXES (AS LEGALLY APPLICABLE IN RESPECTIVE AREAS OF OPERATION), PROVIDE THEIR OWN EQUIPMENT, TOOLS, SOFTWARE, PROCESS AND PROCEDURES, SPARE PARTS PRICING, WARRANTY, GUARANTEE ON SUCH SPARE PARTS AND DETERMINE THEIR OWN WORK SCHEDULE, WORKDAYS, HOLIDAY, SAFETY MEASURES AT WORK, WORKSITE, AND ETC. RAPID TASK PRO PLATFORM DOES NOT CONTROL AND HAS NO RIGHT TO CONTROL THE SERVICES A SERVICE PROVIDER (INCLUDING BUT NOT LIMITED TO HOW THE SERVICE PROVIDER PROVIDES SUCH SERVICES, PROMISES MADE TO CONSUMERS) IS ENGAGED BY A CONSUMER OR PLATFORM USER.
RAPID TASK PRO AND RAPID TASK PRO PLATFORM MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS, OR COMPLETENESS OF THAT INFORMATION AND SERVICES OFFERED, RENDERED, DELIVERED BY SERVICE PROVIDERS OR PLATFORM USERS, AND ASSUMES NO RESPONSIBILITY FOR ANY OMISSIONS OR ERRORS OR DAMAGES OR DELAYS OR FINANCIAL LOSS OR ACCIDENTS OR ILLEGAL ACTIVITIES OF ANY NATURE OR HEALTH RISK, HAZARD OR DEATH THEREIN.
RAPID TASK PRO, AS PERMITTED BY APPLICABLE LAWS, OBTAINS REPORTS REGARDING SERVICE PROVIDER, WHICH MAY INCLUDE THE HISTORY OF CRIMINAL CONVICTIONS OR SEX OFFENDER REGISTRATION, AND RAPID TASK PRO MAY LIMIT, BLOCK, SUSPEND, DEACTIVATE, OR CANCEL A SERVICE PROVIDER’S ACCOUNT BASED ON THE RESULTS OF SUCH A CHECK. AS A SERVICE PROVIDER, YOU AGREE AND AUTHORIZE RAPID TASK PRO TO USE YOUR PERSONAL, ENTITY INFORMATION, SUCH AS YOUR FULL NAME AND DATE OF BIRTH, AND OTHER PERSONAL AND, OR BUSINESS, TO OBTAIN SUCH REPORTS FROM RAPID TASK PRO’S VENDORS OR ANY THIRD-PARTY AGENCIES.
ACCOUNT REGISTRATION AND OTHER SUBMISSIONS
Users are required to register with the Rapid Task Pro Platform by creating a password-protected Rapid Task Pro account ("Account"). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update the information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Rapid Task Pro Account password. You are solely responsible for all activity that occurs on your Account, and you will notify Rapid Task Pro immediately of any unauthorized use. Rapid Task Pro is not liable for any losses by any party caused by unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Rapid Task Pro or others due to such unauthorized use. Your account is non-transferable in line with Rapid Task Pro policies and procedures.
YOUR LICENSE TO USE THE PLATFORM
Subject to your compliance with these Terms, Rapid Task Pro grants you a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and
participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you AS IS. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Rapid Task Pro or its licensors, except for the licenses and rights expressly granted in these Terms.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform, you hereby grant to Rapid Task Pro a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, though, by means of or to promote, market or advertise the Platform or Services, or for any other purpose in our sole discretion, except that the contents of private messaging through the Platform will not be used by Rapid Task Pro in public advertising. In the interest of clarity, the license granted to Rapid Task Pro shall survive termination of the Rapid Task Pro Platform or your Rapid Task Pro Account. Rapid Task Pro does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Rapid Task Pro the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Rapid Task Pro's use of your User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While it has no obligation to do so, you agree that Rapid Task Pro may proofread, summarize or otherwise edit and, or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
Rapid Task Pro reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider being objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or users, or for any other reason.
PROHIBITIONS
As a user of the Platform, you may NOT:
● Use another person's Account, misrepresent yourself or Services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
● Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Rapid Task Pro's prior written approval; provided, however, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Rapid Task Pro reserves the right to revoke these exceptions either generally or in specific cases);
● In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, for use on a mirrored, competitive, or third-party site;
● Transmit more request messages through the Platform in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser;
● Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Rapid Task Pro or users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure, billing, or Fees owed;
● As a Platform User, use the Platform in any manner that circumvents your obligation to pay Rapid Task Pro for access to Services provided by the Platform;
● As a Platform User, notwithstanding anything to the contrary contained in these Terms, “sell” any personally identifiable data (as that term is defined by the California Consumer Privacy Act), including but not limited to information related to Consumers or other Platform Users;
● Collect, harvest, or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the communication systems provided by the Platform for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
● Recruit, solicit, or contact in any form Service Provider or Consumers for any other use not specifically intended by the Platform;
● Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
● Violate any key Rapid Task Pro policies that govern your use of the Platform and our interactions with you and third parties;
● Advertise or solicit a Service not related to or appropriate for the Platform including, but not limited to any Service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Rapid Task Pro; (g) is based outside the countries of Rapid Task Pro Platform operations; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance or giveaways; or (i) offers a Service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;
● Submit User Content that damages the experience of any user including but not limited to (a) requests to download non-Rapid Task Pro mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on Rapid Task Pro, (b) offers to purchase a Service or any other service outside of Rapid Task Pro, or (c) using a profile page or user name to promote services not offered on or through the Platform;
● Take any action that may undermine the efficacy or accuracy of reviews or rating systems;
● Fail to perform Services purchased from you as promised, unless the Consumer or other individual fails to materially meet the terms of the mutually agreed-upon agreement for the Services or refuses to pay, or a clear typographical error is made, or you cannot authenticate the Consumers or other individual’s identity;
● Engage in fraudulent conduct including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting users to mail cash or use other payment methods prohibited by Rapid Task Pro;
● Sign up for, negotiate a price for, use, or otherwise solicit Services with no intention of following through with your use of or payment for the Services;
● Agree to purchase Services when you do not meet a Service Provider and/or Platform User's requirements or visa-versa;
● Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
● Attempt to indirectly undertake any of the foregoing.
LINKS TO THIRD-PARTY SITES
If links to third-party websites are provided on the Rapid Task Pro Platform, they are solely as a convenience to you. You may leave the Rapid Task Pro Platform if you use those links. These third-party websites are responsible for and undertake to maintain their own site terms of use. Rapid Task Pro does not review, or control, third-party sites, and is not responsible for any sites or their content. Rapid Task Pro does not endorse or make any representations about any information or materials found, or any results that may be obtained from using third-party websites. If you access any third-party sites linked to the Rapid Task Pro Platform, you do so at your own risk.
SERVICE ESTIMATE, FEE, CHARGES, INVOICE, PAYMENTS
In connection with the use of the Rapid Task Pro Platform, Rapid Task Pro charges certain fees (the "Rapid Task Pro Booking Fees," "Commissions," or other applicable "Fees") based on the pricing model selected by the Service Provider. Rapid Task Pro supports three pricing structures: (1) a monthly subscription listing fee, (2) a commission-only fee based on completed transactions processed on the Platform, and (3) a pay-per-lead fee, where Consumers request quotes and the Service Provider pays to access contact information. Each of these models involves distinct billing mechanisms and obligations.
You may elect to cancel your request for Services at any time prior to the commencement of such Services, subject to applicable restrictions. In such instances, you may be charged a cancellation fee on Rapid Task Pro’s behalf. Please refer to the section titled SERVICE CANCELLATION, RESCHEDULE, AND OTHER FEES for further detail.
Platform Users understand that the use of the Services may result in Charges for Services provided by Service Providers. Rapid Task Pro facilitates the collection and disbursement of such Charges and may retain applicable portions as commission, processing, or platform fees. Charges will include applicable taxes where required by law and may also include estimates, additional fees for parts or materials, tolls, surcharges, booking fees, gratuities, local taxes, financial processing costs, and other discretionary charges (collectively, “Add-ons”).
For instant booking services paid directly through the Platform, Consumers select their desired Service, submit scheduling preferences, and pay through the Platform using an integrated payment processor. Rapid Task Pro disburses payments to the Service Provider in accordance with the selected listing model. Under the Premium Subscription Plan, the Service Provider receives payment for the booked Service, less applicable taxes and the Subscription Fee. Under the Commission-Only Plan (with no monthly subscription), the Service Provider receives payment, less the agreed-upon commission rate and any required taxes. For Pay-Per-Lead Services, Rapid Task Pro does not facilitate payment between the parties; instead, the Service Provider pays Rapid Task Pro to access lead information and subsequently transacts with the Consumer outside the Platform. Rapid Task Pro does not handle or retain funds in such cases and assumes no responsibility for the financial or legal outcome of offline transactions.
Service estimates are generated by the Platform at the time of scheduling and are based solely on the Service Provider’s internal configuration settings. Rapid Task Pro does not guarantee the accuracy or completeness of
such estimates. All estimates exclude Add-ons and optional charges. The estimate is intended solely as a reference point and should not be construed as a guaranteed price.
Taxes, including but not limited to sales and use taxes, value-added taxes, goods and services taxes, excise taxes, service taxes, and other governmental assessments, may apply to Services obtained through the Platform. In certain jurisdictions, Service Providers may be required by law to collect such taxes from Consumers. Consumers agree to pay all applicable taxes in connection with Services rendered and authorize the inclusion of such taxes in the final Charges and Invoice. Service Providers are solely responsible for determining their own tax obligations, including any reporting, collection, and remittance requirements, and should consult their tax advisors accordingly. Rapid Task Pro does not provide legal or tax advice and disclaims all liability in connection with tax-related matters except for taxes assessed on its own income.
All Service Charges, Add-ons, and discounts (if applicable) will be calculated and presented to the Consumer in the form of a final Invoice. This Invoice is generated by the Service Provider and transmitted to the Consumer via the Platform. The Invoice constitutes the financial obligation of the Consumer to the Service Provider and is payable immediately upon issuance. Payment is collected through the Platform and remitted to the Service Provider in accordance with the applicable listing model and payout schedule.
The Rapid Task Pro Platform includes an optional gratuity feature that allows Consumers to add a tip to the final Charges. Tips are discretionary and may be entered as a percentage of the Invoice total. Tips are generally remitted to the Service Provider, less any third-party processing or financial transaction fees, unless otherwise noted. Service Providers are solely responsible for any tax or reporting requirements related to gratuities received.
PROTECTION PLAN FEE
The Rapid Task Pro Platform may offer an optional Protection Plan to Consumers during the checkout process. The Protection Plan is priced as a percentage of the total Invoice amount and, if purchased, provides indemnification coverage for certain claims of loss or damage resulting from the actions of a Service Provider. The Protection Plan covers up to the full value of the invoiced Charges and applies for a period of up to ninety (90) days following completion of the Service. This feature is discretionary and must be affirmatively selected by the Consumer. Terms, limits, and exclusions may apply.
Rapid Task Pro reserves the right to establish, remove, modify, or revise any Charges, fees, or policies at its sole discretion. This includes but is not limited to Booking Fees, Subscription Fees, Commission Rates, Payment Processing Fees, Add-ons, and applicable Taxes. Both Consumers and Service Providers acknowledge and agree to be bound by such changes and updates.
From time to time, Rapid Task Pro may issue promotional offers, account credits, or temporary discounts to certain Users. Such offers are not transferable and may not be applied retroactively. Variations in pricing that result from such offers shall have no impact on the Charges applicable to other Users.
Following completion of a booked Service and payment of the associated Invoice, Consumers may access their account on the Platform to submit a review of their experience. Reviews may be made publicly visible and used by Rapid Task Pro for marketing, support, compliance, and quality control purposes.
PAYMENT PROCESSING AND PAYMENT TERMS
Rapid Task Pro facilitates payment processing through secure, PCI-compliant third-party processors. Rapid Task Pro does not directly handle or store full payment information and is not a direct party to any transaction processed through its integrated payment gateway.
By using the Platform and entering payment details, you authorize Rapid Task Pro and its third-party processor(s) to initiate charges to your selected payment method, share transaction information as necessary to complete payments, and store relevant metadata for fraud prevention and compliance purposes. Rapid Task Pro may switch processors or introduce multiple options at any time, with or without notice.
You agree to maintain accurate and current payment information within your Platform account. If your payment method is declined, Rapid Task Pro may reattempt payment using other available methods on file or may suspend or restrict your access to the Platform until payment is received. You remain responsible for any unpaid Charges, regardless of the reason for payment failure.
To complete payments, Rapid Task Pro may collect and store certain transaction-related data, such as card expiration date, billing address, and transaction history. Full payment credentials are stored by the third-party processor only. You agree not to share financial credentials with other Users and acknowledge that Rapid Task Pro disclaims liability for any misuse, fraud, or losses resulting from the unauthorized disclosure of such information.
Payment methods may include debit cards, credit cards, bank accounts, PayPal, Google Pay, Apple Pay, and other options supported by the Platform. Rapid Task Pro may disable or restrict any payment method for any reason, including suspected fraud, chargeback risk, or processor limitations.
DEFAULT PAYMENT METHOD AND CHARGEBACK POLICY
Rapid Task Pro will attempt to process all transactions using your designated default payment method. If unsuccessful, Rapid Task Pro may process the transaction using other stored methods in reverse chronological order, beginning with the most recently used or updated method.
If a Consumer disputes a charge, Rapid Task Pro reserves the right to withhold payment to the Service Provider while the dispute is reviewed. If a chargeback is initiated or if excessive disputes are linked to a User account, Rapid Task Pro may suspend or terminate the account, restrict access to funds, and pursue further action.
All disputes must be submitted in writing to payments@rapidtaskpro.com within thirty (30) days of the transaction. Rapid Task Pro will evaluate disputes in accordance with the applicable payment processor’s policies and governing law. If your account is closed or deactivated before resolution of a pending dispute, Rapid Task Pro cannot guarantee that any refund or payout will be issued.
If your actions cause or are likely to cause a chargeback, breach of these Terms, or financial harm to Rapid Task Pro or its partners, Rapid Task Pro may permanently withhold funds owed to you, suspend your access to the Platform, or pursue collections or legal recourse.
You agree to pay all amounts you owe when due and to reimburse Rapid Task Pro for all costs associated with failed or delayed payments, including attorneys’ fees and collections costs. You authorize Rapid Task Pro to contact you via email or telephone regarding any outstanding amounts. Such communication may be conducted by third-party agents or service providers.
SERVICE CANCELLATION, RESCHEDULE, NO-SHOW, AND OTHER FEES
Rapid Task Pro expects all Platform Users to honor their commitments and respect one another’s time. Cancellation, rescheduling, and no-show fees are designed to protect Service Providers from last-minute losses and preserve the integrity of the Platform.
The following fees may apply:
• If you fail to appear within fifteen (15) minutes at the designated Service location for a confirmed appointment, a no-show fee may be charged.
• If you cancel or reschedule a confirmed Walk-In Service less than one (1) hour before the scheduled time, a cancellation fee may apply.
• If you cancel or reschedule an In-Home Service less than three (3) hours before the scheduled time, a cancellation fee may apply.
• If you cancel or reschedule an On-Demand Service more than five (5) minutes after booking, or if the Service Provider cancels after waiting five (5) minutes at your location, a cancellation fee may apply.
Fees may also vary based on the distance traveled or other expenses already incurred by the Service Provider at the time of cancellation.
If a charge appears on your account for a Service that you believe was canceled or not rendered, it may be a temporary authorization hold. Rapid Task Pro places holds on payment methods approximately three (3) hours before Service to verify funding. These holds are voided immediately upon cancellation but may take several business days to clear, depending on your bank’s policies.
If you believe you were incorrectly charged, you must notify us by emailing payments@rapidtaskpro.com with your Service ID, date, time, and a brief explanation. Rapid Task Pro will investigate and respond as appropriate.
Rapid Task Pro may impose penalty fees for repeat cancellations, fraudulent behavior, misconduct, or violations of these Terms. All applicable fees will be disclosed on the Platform or in the Help Center and may be updated periodically.
SUBSCRIPTION FEES, TAXES, BILLING, AND PAYMENTS
Rapid Task Pro offers subscription-based plans for Service Providers who wish to list their services on the Platform. These plans are billed on a recurring monthly or annual basis, depending on the selected option. Unless otherwise stated, all fees are due in advance and are non-refundable.
Rapid Task Pro reserves the right to modify Subscription Fees, billing frequency, and available plan features. Changes will be communicated to Subscribers with at least ten (10) days’ notice prior to renewal.
• You agree to pay all applicable fees using a valid payment method. You authorize Rapid Task Pro to charge your account according to your selected plan and renewal schedule. If payment is not received within ten (10) days after notification of non-payment, Rapid Task Pro may assess a 1.5% monthly late fee, suspend account access, and, if necessary, terminate the Subscription.
• You remain responsible for all outstanding balances, and Rapid Task Pro may pursue collection or legal action, including the recovery of attorneys’ fees and associated costs.
• You may upgrade or downgrade your Subscription plan through your account settings. Downgrades may result in a loss of features. Upgrades take effect immediately and are billed on a prorated basis.
Promotional benefits or bonus offers may be extended to select Users. These benefits are non-transferable and may expire after six (6) months unless otherwise stated.
Unless expressly provided in these Terms, all Subscription Fees, Charges, and other payments made through the Platform are final and non-refundable.
SUBSCRIPTION TERM, TERMINATION, AND SUSPENSION
Term. Unless otherwise specified in a Pricing Agreement, a Subscription is valid for a period of one (1) calendar month for Monthly subscription and twelve (12) months on Annual subscription from the date of Your Subscription ("Initial Term") and shall renew automatically for a term equivalent in length to the then expiring term ("Renewal Term") unless terminated in accordance with these Terms. For the purposes of these Terms, "Term" shall mean the Initial Term and any Renewal Terms.
Termination by You. You may terminate a Subscription at any time by raising a request for cancellation of Your Subscription or by emailing Us at support@rapidtaskpro.com and ceasing all use of the Services.
Suspension and Termination by Us. In the event of any actual or threatened breach of these Terms by You (including non-payment of Subscription Fees), we may immediately suspend all or part of your Subscription(s). We may terminate these Terms, including your Subscription(s) if you have breached any of these Terms and if that breach can be cured, you fail to cure that breach within fifteen (15) days after receiving written notice of that breach from us ("Your Cure Period").
CONSEQUENCES OF TERMINATION OF A SUBSCRIPTION
Consequences. We shall not be liable to you or any other third party for suspension or termination of your Subscription or your access to and use of the Services, including any destruction of Service Data if such suspension or termination is in accordance with these Terms. Upon any termination of a Subscription, all rights, including the right to access and use the Services granted to you will immediately cease and payment methods associated with Customers shall not be charged with immediate effect. You shall immediately destroy (or, at our request, return) our Confidential Information in your possession or control.
Data Export. Following termination of a Subscription, we will retain that Account's Service Data for one hundred and twenty (120) days from such date of termination ("Data Retention Period") beyond which, we will have no obligation to maintain or provide you, Users and End-Customers access to Service Data. Thereafter, unless legally prohibited, we reserve the right to destroy all Service Data in our possession in the normal course of our operations in accordance with the Privacy Notice. You agree that you are solely responsible for exporting Service Data prior
to termination of a Subscription, and if you require assistance for exporting Service Data during the Data Retention Period, you may be required to pay a separate fee to us.
Subscription Fees. Unless waived by Us in writing or where the total Subscription Fees has already been prepaid, if a Subscription is terminated in accordance with Section (Termination by You) or (Suspension and Termination by Us) of these Terms, in addition to other amounts you may owe Us, you must immediately pay all unpaid Subscription Fees for the Term accrued through and including Your Cure Period. The sole exclusion to this payment obligation is when you terminate a Subscription as a result of a material breach of these Terms by us (provided that you provide notice of such breach to us and afford us not less than fifteen (15) days ("Our Cure Period") to reasonably cure such breach), in which case, you are eligible to receive a refund of any unused Subscription Fees prepaid by you for Services not rendered from the date of such termination.
INVOICE ADJUSTMENT, SETTLEMENT, RESERVES, PAYOUT TO SERVICE PROVIDER
Invoice Adjustments and Payment Processing. Rapid Task Pro Platform offers tools to both Consumers and Service Providers in the case of adjustments to “Charges” or “Invoice” before the payment, these adjustment requests must be initiated by the Consumer. Rapid Task Pro reserves the right to adjust or withhold all or a portion of a “Charges” or “Invoice” or other payment owed to you (except but not limited to: Gratuity or Tip, Insurance, etc.) (i) if we believe that you have attempted to defraud or abuse Consumer, Rapid Task Pro Platform, or Rapid Task Pro’s payment systems, or (ii) in order to resolve a Consumer’s complaint (e.g., you took an inefficient route or failed to properly complete a particular instance of Service in the Rapid Task Pro Platform when the requested Service was marked complete). Rapid Task Pro’s decision to adjust or withhold the “Charges” or “Invoice or other payment in any way shall be exercised in a reasonable manner. Rapid Task Pro Platform will process and collects payments owed to Service Providers by the Consumers and other third parties.
Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of the Services.
PROMOTIONS
You may receive certain offers/ Deals from Rapid Task Pro (“Promotions”), including but not limited to discounted or free use of the Platform for a limited period. Any Promotions are offered at Rapid Task Pro’s discretion and may be revoked at any time and for any reason.
You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Rapid Task Pro offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Rapid Task Pro. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Platform Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services.
To the extent you are eligible for multiple promotions that discount a Fee, we will apply for those promotions sequentially. For instance, if you are eligible for both a 15% and 10% discount on a $100 Fee, you will pay $76.50.
Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Rapid Task Pro may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.
NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Services. Your mobile and/or Desktop network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the
Services and Applications and any updates thereto. Rapid Task Pro does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
TRACKING COMMUNICATIONS
In order to ensure appropriate charging of Fees and to enforce these Terms, Rapid Task Pro may track the occurrence of communications between Consumers and Service Provider Users that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Service Provider User. In order to track the occurrence of such communications, Rapid Task Pro may obscure Platform User contact information in a Platform User profile, replace Service Provider User contact information in a Service Provider User profile with a different piece of contact information that will forward to the Platform User, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Rapid Task Pro Platform unless we first obtain your permission.
If you send text messages with a Consumer or Service Provider using the telephone number for that Platform User available on the Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Rapid Task Pro and its service provider will receive in real-time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.
SPONSORED INFORMATION
Rapid Task Pro may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you..
DISPUTES BETWEEN OR AMONG USERS
Rapid Task Pro values our Service Providers, Consumers, and Platform Users, we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Platform cannot be resolved independently, you agree, at Rapid Task Pro's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Rapid Task Pro or a neutral third-party mediator or arbitrator selected by Rapid Task Pro. Notwithstanding the foregoing, you acknowledge and agree that Rapid Task Pro is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
INTELLECTUAL PROPERTY RIGHTS
Rapid Task Pro Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Rapid Task Pro and its licensors exclusively own all right, title, and interest in and to the Platform and Rapid Task Pro Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names, and any other proprietary designations of Rapid Task Pro used herein are trademarks or registered trademarks of Rapid Task Pro. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
FEEDBACK
By sending us any feedback, comments, questions, or suggestions concerning Rapid Task Pro or our services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv)
irrevocably waive, and cause to be waived, against Rapid Task Pro and its users any claims and assertions of any moral rights contained in such Feedback. Rapid Task Pro reserves the right to engage any third-party services and/or tools to collect, analyze, and utilize feedback information. This Feedback section shall survive any termination of your Account or the Platform.
COPYRIGHT INFRINGEMENT
Company responds to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the Platform infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with the Company at our email address:
support@rapidtaskpro.com.
Subject Line: DMCA Compliance
Please provide the following information:
• A description of the copyrighted work you believe to have been infringed;
• A description of the URL or other location on our Platform of the material you believe to be infringing;
• Your name, mailing address, telephone number and email address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, which you make under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
NO ENDORSEMENT
Rapid Task Pro does not endorse any Platform User, user, or any Services, and Rapid Task Pro is not a party to any agreements between or among users, Platform Users, or third parties. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or Platform User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Rapid Task Pro nor any Platform Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Platform Users are required by these Terms to provide accurate information, and although Rapid Task Pro may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Rapid Task Pro services they are using or any involvement by Rapid Task Pro personnel in providing or scheduling those services.
Any reference on the Platform to a user being licensed or credentialed in some manner, or "badged," "best-of," "top," "background checked" (or similar language) designations indicates only that the user has completed a relevant account process or met user review standards and does not represent anything else. Any such description is not an endorsement, certification, or guarantee by Rapid Task Pro and is not verification of their identity and whether they or their Services are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise responsibility, due diligence, and care when deciding whether to have any interaction with any other user. Rapid Task Pro offers a non-exhaustive list of safety tips to consider when hiring a Service Provider. Except as specifically described in the Rapid Task Pro Guarantee and including its exclusions and limitations, Rapid Task Pro has no responsibility for any damage or harm resulting from your interactions with other users.
The Collective Content may contain links to third-party websites, offers, or other events, activities not owned or controlled by Rapid Task Pro. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.
By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Rapid Task Pro with respect to such actions or omissions.
SANCTIONS FOR VIOLATIONS OF THESE TERMS
Without limiting any other rights reserved herein, Rapid Task Pro may, in its sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Rapid Task Pro, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds or paid Fees, assessing monetary penalties or costs, terminating your Account, notifying other Platform Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.
ACCOUNT SUSPENSION OR TERMINATION
We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Rapid Task Pro Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Rapid Task Pro support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or Services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews.
ARBITRATION
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of the Platform that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Company should be emailed to support@RetrievAir.com. After the Notice is received, you and Company may attempt to resolve the claim or dispute informally. If you and Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the
award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Company.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND RETRIEVAIR NOW WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Wilmington, Delaware for such purpose.
GOVERNING LAW
The Terms and the relationship between you and Rapid Task Pro shall be governed in all respects by the laws of the State of Maryland, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Rapid Task Pro that is not subject to must be resolved by a court located in Baltimore County, Maryland, or a United States District Court, Northern District of Maryland, located in Baltimore, Maryland, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Baltimore County, Maryland or the United States District Court, Northern District of Maryland located in Baltimore, Maryland, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive all jurisdictional and venue defenses otherwise available.
WARRANTIES
You acknowledge that Rapid Task Pro Platform has no control over, and no duty to take any action regarding which users gain access to or use the Platform and Services; what affects the content on or in connection with the Platform and Services may have on you; how you may interpret or use the content on or in connection with the Platform and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Platform and Services. You release Rapid Task Pro and Rapid Task Pro Platform from all liability for you having acquired or not acquired content or information through the Platform and Services. The Platform and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Rapid Task Pro Platform makes no representations concerning any content contained in or accessed through the Platform and Services, and Rapid Task Pro Platform will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform and Services. Rapid Task Pro and Rapid Task Pro Platform makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness, or completeness of that information and assumes no responsibility for any errors or omissions therein.
DISCLAIMERS
YOUR USE OF THE PLATFORM, SERVICE PROVIDER OR SERVICES, OR COLLECTIVE CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT RAPID TASK PRO DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMBERS AND CUSTOMER MEMBERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, RAPID TASK PRO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. RAPID TASK PRO MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RAPID TASK PRO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR
COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. RAPID TASK PRO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RAPID TASK PRO OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT RAPID TASK PRO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICE PROVIDER. RAPID TASK PRO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. RAPID TASK PRO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.
NOTHING IN THESE TERMS OF USE IS INTENDED TO LIMIT OR WAIVE ANY RIGHTS OR PROTECTIONS THAT YOU MAY HAVE UNDER APPLICABLE STATE OR LOCAL CONSUMER PROTECTION LAWS. IF ANY PORTION OF THESE TERMS CONFLICTS WITH SUCH LAWS, THOSE PROVISIONS SHALL BE DEEMED MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH THOSE LEGAL REQUIREMENTS.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF RAPID TASK PRO OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER RAPID TASK PRO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT RAPID TASK PRO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.
IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF RAPID TASK PRO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR
COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO Rapid Task Pro BY YOU HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.
INDEMNIFICATION AND RELEASE
You agree to release, defend, indemnify, and hold Rapid Task Pro and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any Platform User or user; and (d) the requestor receipt or offer or provision of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Services.
Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Rapid Task Pro and its affiliates and subsidiaries, and their respective officers, directors, employees, and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.
If you are a California resident, you waive California Civil Code Section 1542, which provides:
A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.
If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.
GENERAL
Force Majeure: Other than payment obligations, neither Rapid Task Pro nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
Contacting You and E-SIGN Consent: You agree that Rapid Task Pro may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Rapid Task Pro, Consumers, Service Providers, or other individuals may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from Rapid Task Pro, Consumers, Service Providers, or other individuals you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to support@rapidtaskpro.com with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any information regarding your enrollment in this program, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access; and (b) either a printer or storage space on such device. For a free paper copy, or to update our records of your contact information, send an email to support@rapidtaskpro.com with contact information and the address for delivery.
Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Rapid Task Pro on the Platform, shall constitute the entire agreement between you and Rapid Task Pro concerning the Platform or Services obtained through the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
Waiver: No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Rapid Task Pro's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Platform or the Services offered therein must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.
Section Headings: The section headings in these Terms are for convenience only and have no legal or contractual effect. Contact Information: If you have any questions about these Terms or the Platform, please contact us by sending an email to support@rapidtaskpro.com, or by writing to Rapid Task Pro LLC, 5000 Thayer Ctr (Suite C), Oakland, MD 21550.
