Capstone Cleaning Services Terms and Conditions (“Agreement”)

This Agreement was last updated on January 5, 2018.

We kindly ask you to thoroughly review these Terms and Conditions (“Agreement”, “Terms and Conditions”) prior to utilizing capstonecleans.com (“the Site”), which is operated by Capstone Cleaning Services LLC (“us”, “we”, or “our”). This Agreement outlines the legally binding terms and conditions governing your use of the Site at capstonecleans.com.

By accessing or utilizing the Site in any capacity, including but not limited to visiting, browsing, or contributing content or other materials to the Site, you consent to adhere to these Terms and Conditions. Capitalized terms are defined within this Agreement.

Intellectual Property

The Site, along with its original content, features, and functionalities, is owned by Capstone Cleaning Services LLC and is safeguarded by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Termination

We reserve the right to terminate your access to the Site, without cause or prior notice, which may lead to the forfeiture and destruction of all information associated with you. All provisions of this Agreement that, by their nature, should survive termination shall indeed survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Capstone Cleaning Services LLC does not control, nor does it assume any responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly recommend that you review the terms and conditions and privacy policy of any third-party site that you visit.

Governing Law

This Agreement (along with any additional rules, policies, or guidelines referenced herein) shall be governed and interpreted in accordance with the laws of Washington, United States, without regard to any principles of conflict of laws.

Changes To This Agreement

We retain the right, at our sole discretion, to amend or replace these Terms and Conditions by posting the revised terms on the Site. Your ongoing use of the Site following any such modifications signifies your acceptance of the new Terms and Conditions.

We encourage you to review this Agreement periodically for any updates. If you do not agree with any part of this Agreement or any modifications made to it, please refrain from using, accessing, or continuing to access the Site, and cease any use of the Site immediately.

Contact Us

Should you have any inquiries regarding this Agreement, please do not hesitate to contact us.

Terms of Use / User Agreement

These Terms of Use, along with the privacy policy found at www.capstonecleans.com/privacy (the “Privacy Policy”) and the various rules, policies, terms, and conditions mentioned, referred to, and/or linked within this document, all of which are incorporated by reference, collectively form the “Agreement”.

IMPORTANT: PLEASE READ THIS AGREEMENT THOROUGHLY. IN PARTICULAR, PAY CLOSE ATTENTION TO THE MUTUAL ARBITRATION PROVISION IN SECTION 18.

This Agreement serves as a legal contract between you (referred to as “you” or “User”) and Capstone Cleaning Services LLC, doing business as Capstone Cleaning Services (hereinafter referred to as “Capstone Cleaning Services” or “us”). This Agreement regulates your use of our services and platform, which facilitates communication between Users, available through our website at www.capstonecleans.com, which may be modified, relocated, and/or redirected periodically (the “Site”), as well as the mobile applications provided by us (the “Apps”). Collectively, our services, platform, Site, and Apps are referred to as the “Capstone Cleaning Services Platform”.

By accessing, utilizing, or registering with the Capstone Cleaning Services Platform or any of its components, you hereby explicitly acknowledge and consent to be governed by the terms and conditions outlined in this Agreement, along with any future modifications and additions that we may publish periodically. It is imperative that you read this Agreement thoroughly. Should you disagree with the terms and conditions of this Agreement, you must cease using the Capstone Cleaning Services Platform immediately. The acceptance by Capstone Cleaning Services is explicitly contingent upon your full agreement to this Agreement. If this Agreement is deemed an offer from us, acceptance is strictly confined to the terms of this Agreement.

By utilizing the Capstone Cleaning Services Platform, you affirm and guarantee that: (i) you are at least 18 years of age, meet the legal age requirements in your jurisdiction, and are otherwise capable of entering into binding contracts; and (ii) you possess the right, authority, and capacity to enter into this Agreement and to adhere to its terms and conditions, and you will do so. In instances where you enter into this Agreement on behalf of a corporation or other organization, you affirm and guarantee that you have the authority to act on behalf of that entity and to bind it to this Agreement.

To the extent allowed and except where restricted by applicable law, these Terms of Use encompass:

• Your consent that either party may enforce binding arbitration for the majority of disputes, along with your commitment to engage in an informal dispute resolution process for a minimum of 30 days before initiating any claim (Section 18).
• Your acknowledgment that no claims can be resolved on a class basis (Section 18).
• Your understanding that the Capstone Cleaning Services Platform is offered “as is” and without any warranty (Section 16).
• Your recognition that the Capstone Cleaning Services Platform serves solely as a communication tool for booking Professional Services, that all Professional Services are executed by third parties, and that Capstone Cleaning Services bears no responsibility for any Professional Services or any actions or omissions of third parties (Sections 1 and 16), except for Capstone Cleaning Services’ Happiness Guarantee (Section 3(d)).
• Your acknowledgment that Capstone Cleaning Services’ Happiness Guarantee is restricted to Payments made by Requesters through the Capstone Cleaning Services Platform (Section 3(d)).
• Your acceptance of and agreement to Capstone Cleaning Services’ cancellation policies and associated fees (Section 4).
• Your agreement to absolve Capstone Cleaning Services from liability concerning claims related to Services and otherwise (Section 16) and your acceptance of the time limitation within which a claim may be filed (Section 21).
• Your commitment to indemnify Capstone Cleaning Services against claims arising from your use, misuse, or inability to use the Capstone Cleaning Services Platform, the Merchandise and/or Professional Services, your breach of this Agreement, applicable laws, or third-party rights, and/or content or information submitted from your account to the Capstone Cleaning Services Platform (Section 17).
• Your consent to any changes or amendments to this Agreement (Section 22).
• Your agreement to the collection, use, sharing, and transfer of your data as described in the Privacy Policy, which may be updated periodically.

1. The Capstone Cleaning Services Platform serves exclusively as a communication venue; it facilitates background checks.

2. The Capstone Cleaning Services Platform functions solely as a medium for communication. It is designed to connect individuals who are looking to obtain services (referred to as “Requesters”) with those who are willing to provide such services (known as “Professionals”). Collectively, Requesters and Professionals are termed as “Users”. The specific services that Requesters seek, which are to be fulfilled by the Professionals, will be referred to as “Professional Services”. It is important to note that Capstone Cleaning Services does not directly offer Professional Services or Merchandise. The responsibility for delivering all Professional Services lies with the Professionals, who may arrange their services through the Capstone Cleaning Services Platform. Capstone Cleaning Services, via the Capstone Cleaning Services Platform, provides information and a means to access these Professional Services and/or Merchandise; however, it does not and does not intend to deliver such Professional Services or Merchandise itself, nor does it act as a retailer or manufacturer, or as a provider of cleaning, handyman, or other home-related or moving-related services. Furthermore, Capstone Cleaning Services bears no responsibility or liability for any Professional Services and/or Merchandise provided to the Requester by Professionals, which includes, but is not limited to, any warranty or condition of satisfactory and competent services, warranty of suitability for a specific purpose, or adherence to any laws, regulations, or codes. Additionally, Capstone Cleaning Services is not associated with, endorsed, or sponsored by any third-party merchandise provider or retailer.

3.Background Checks. Capstone Cleaning Services conducts background verifications of Professionals through third-party background check services. Nevertheless, each Requester should exercise prudence and common sense to safeguard their personal safety and property, just as one would when engaging with any unfamiliar individual. BY UTILIZING THE Capstone Cleaning Services PLATFORM, THE REQUESTER CONSENTS TO INDEMNIFY Capstone Cleaning Services FROM ANY LIABILITY OR DAMAGE THAT MAY OCCUR AS A RESULT OF THE PROFESSIONAL SERVICES. Capstone Cleaning Services IS NOT LIABLE FOR THE BEHAVIOR, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING PROFESSIONALS, AND WILL NOT BE HELD RESPONSIBLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.

4. Personal Information; User Accounts.
5. Collection of your Personal Information. Certain materials available on the Capstone Cleaning Services Platform may necessitate prior registration for access. Should you choose to access such materials, registration will be required. We may deny you the ability to use a username, email address, or screen name that is already in use by another individual; that could be interpreted as impersonating someone else; that belongs to another individual; that infringes upon the intellectual property or other rights of any person; that is deemed offensive; or that we reject for any other reason at our sole discretion. Upon completing your registration with us, you will need to provide specific personal information. You agree that this information will be truthful, accurate, and complete, and that you will promptly update this information when it changes. If you provide any information that is false or inaccurate, outdated, or incomplete, or if we suspect that your information is false or inaccurate, outdated, or incomplete, we may, at our sole discretion, suspend or terminate your access to any materials requiring registration. Any personally identifiable information provided hereunder will be governed by the terms of the Privacy Policy.

6. Account, Password, and Security. You are the only authorized user of your account. It is your responsibility to keep confidential any username, password, and account information provided by you or us for accessing the Capstone Cleaning Services Platform. You bear full responsibility for all activities that take place under your password or account, except in certain situations where Capstone Cleaning Services may access your account to implement changes you request, such as rescheduling a Service appointment. Capstone Cleaning Services does not control how any User’s account is used by the User or third parties and explicitly disclaims any liability arising from such use. If you suspect that any unauthorized individual may be using your password or account, or if you believe there has been any other security breach, you must contact us immediately at capstonecleans.com/contact. Nothing in this section shall affect Capstone Cleaning Services’ rights to restrict or terminate access to the Capstone Cleaning Services Platform, as outlined in section 4(b).

7. Proof of Identity. You are required to provide us with proof of identity as we may reasonably request from time to time.

8. Text Messages and Phone Calls. By providing your phone number and utilizing the Capstone Cleaning Services Platform, you consent to our use of your mobile phone number for calls and, if applicable, for text (SMS) messages, to assist in facilitating the requested Professional Services, to the extent permitted by applicable law. Standard call or message charges or other fees from your phone carrier may apply to calls or text (SMS) messages we send. Capstone Cleaning Services may also send you emails regarding services that may be of interest to you (“Promotional SMS”). You can opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to any text message we send. You acknowledge that opting out of text (SMS) messages may affect your ability to use the Capstone Cleaning Services Platform.

You consent to the use of a service provider by Capstone Cleaning Services to conceal your telephone number when you make calls or send text (SMS) messages to a Service Professor or Service Requestor using a telephone number supplied by Capstone Cleaning Services. Throughout this procedure, Capstone Cleaning Services and its service provider will receive and store call data in real time, which includes the date and time of the call or text (SMS) message, the phone numbers of the parties involved, and the content of the text (SMS) messages. You agree to the aforementioned masking process and to the use and disclosure of this call data by Capstone Cleaning Services for its legitimate business purposes.

1. Emails. Capstone Cleaning Services may send you confirmation and other transactional emails related to the Professional Services. Additionally, Capstone Cleaning Services may send you emails regarding services that we believe may be of interest to you (“Promotional Emails”). You have the option to unsubscribe from Promotional Emails at any time by clicking the unsubscribe link in our email communications or by contacting us.
2. Payments; Capstone Cleaning Services Happiness Guarantee; Claims.
3. Payments. Users of the Capstone Cleaning Services Platform engage in contracts for Professional Services directly with other Users. Capstone Cleaning Services does not participate in any contracts for Professional Services. The Capstone Cleaning Services Platform serves as a facilitator for these contracts by providing a medium through which Requesters can connect with Professionals, arrange for Professional Services, and process payments for Professional Services (“Payments”). Requesters are required to make advance payments for the Professional Services and/or Merchandise they request through the Capstone Cleaning Services Platform. We will charge the Requester’s credit card based on the amount agreed upon by the Requester on the Capstone Cleaning Services Platform concerning all Professional Services and/or Merchandise ordered, as well as for all purchases and payments related to reimbursement costs, fees, or expenses associated with a Professional Service, including the Trust and Support Fee (as defined in 3(f) below). The Requester hereby authorizes us to charge the credit card on file in the Requester’s Capstone Cleaning Services Platform account for these amounts. We will utilize third-party services to handle credit card information. By accepting this Agreement, you grant Capstone Cleaning Services (or a third-party payment processor on behalf of Capstone Cleaning Services) the authority to charge your on-file credit card, debit card, or other approved payment methods for fees owed to Capstone Cleaning Services. Depending on the selected transaction or requested services, Capstone Cleaning Services may charge you on a one-time or recurring basis. All information you provide in relation to a purchase, transaction, or any other monetary interaction with the Professional Services must be accurate, complete, and up-to-date. You agree to cover all charges incurred by users of your credit card, debit card, or other payment methods used in connection with a purchase, transaction, or any other monetary interaction with Capstone Cleaning Services at the prices applicable at the time such charges are incurred.

1. Job Rate. The hourly rate for a Professional Service, referred to as the “Job Rate,” is influenced by various factors, including location and the frequency with which a Recurrent Service is requested, and payment terms may be subject to increase. Consequently, the same Professional Service may incur a higher cost in a different location or if the service is ordered less frequently. Nevertheless, you will receive prior notification of any such payment increase with adequate notice, allowing you the opportunity to cancel the Recurrent Service as outlined herein.
2. Recurrent Service. When seeking a Professional Service, Requesters may have the option to select that the Professional Service be conducted on a regular basis, termed as “Recurrent Service.” For instance, a Requester may opt for a cleaning service to be performed biweekly. Upon selecting a Recurrent Service, Capstone Cleaning Services will automatically arrange for that service to take place on future dates indefinitely, adhering to the frequency specified by the Requester. The Requester’s credit card will be charged the same non-promotional rate that was initially communicated to the Requester at the time of enrollment in the Recurrent Service, for each occurrence of the Professional Service and for any applicable cancellation fees. Capstone Cleaning Services cannot assure that the same Professional will be available for every Recurrent Service appointment or that Recurrent Service appointments will not be subject to cancellation. Requesters have the ability to cancel the Recurrent Service at any time by accessing the Capstone Cleaning Services Help Center at www.capstonecleans.com/faq-help-center or by sending a cancellation notice to Capstone Cleaning Services, Attention: Legal, at info@capstonecleans.com. To avoid incurring any cancellation fees and/or charges for the next Professional Service, Requesters must cancel more than twenty-four hours prior to the scheduled Professional Service. Following the enrollment in a Recurrent Service, you will receive an email confirmation that includes details on how to cancel.

3. Capstone Cleaning Services Happiness Guarantee. The Capstone Cleaning Services Happiness Guarantee offers specific limited additional protections from Capstone Cleaning Services for Professional Services. Subject to the exclusions listed below, as well as the terms, conditions, and limitations outlined herein, if you are dissatisfied with the performance of a Professional Service, Capstone Cleaning Services, at its sole discretion, will either (a) have the specific Professional Service redone or (b) compensate Requesters the lesser of the following amounts: (1) up to USD $2,500 per occurrence for losses resulting from property damage directly caused by a Professional’s negligence during the execution of a Professional Service, subject to the exclusions below; (2) up to USD $1,000 for losses resulting from damage to floors and items made of granite, marble, or any other stone work directly caused by a Professional’s negligence during the execution of a Professional Service, with the amount limited to USD $1,000; or (3) up to USD $2,500 in total for losses resulting from the theft of a Requester’s property by a Professional during the execution of a Professional Service. The Service Requester qualifies for the Capstone Cleaning Services Happiness Guarantee provided that the Requester reports the issue within seventy-two (72) hours following the Professional Service appointment to our Requester service by visiting the Capstone Cleaning Services Help Center at www.capstonecleans.com/faq-help-center. If the Service Requester fails to report the issue within seventy-two (72) hours after the Professional’s completion of the Professional Service, the claim will not be eligible for the Capstone Happiness Guarantee. For Recurring Services, each Professional Service is regarded as a distinct occurrence.

4. If you possess insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance, or an umbrella policy (collectively referred to as “Personal Insurance”), you agree that your Personal Insurance is primary and the Capstone Cleaning Services Happiness Guarantee is secondary. The Capstone Cleaning Services Happiness Guarantee will only provide compensation for losses to the extent that they are not covered by your Personal Insurance.

A Requester will be eligible for the Capstone Cleaning Services Happiness Guarantee for a Professional Service, subject to the exclusions outlined in subsection (v) below, provided that:

1. The Professional Service is fully paid through the Capstone Cleaning Services Platform;
2. The Requester has adhered to this Agreement;
3. The Requester has submitted the claim within 72 hours following the completion of the Professional Service by the Professional;
4. The Requester’s Capstone Cleaning Services account is in good standing, with no outstanding balances owed to Capstone Cleaning Services;
5. The Requester has identified fragile and other breakable items and has communicated their location and identity to the Professional before the commencement of the Professional Service; and
6. The Requester has accounted for and secured all valuables prior to the initiation of a Professional Service.
7. What is excluded from the Capstone Cleaning Services Happiness Guarantee? The “Capstone Cleaning Services Happiness Guarantee” does not encompass the following:
8. Professional Services requested via Home Improvement Referrals;
9. Any Professional Service that is not booked and paid for directly through the Capstone Cleaning Services Platform;
10. Merchandise;
11. Losses resulting from natural events, including but not limited to pollution, earthquakes, and weather-related incidents such as hurricanes and tornadoes;
12. Losses resulting from business interruptions, market loss, income loss, and/or loss of use;
13. Losses related to property damage and theft that exceed the original or replacement value of the property, minus any standard depreciation;
14. Losses caused by the actions or inactions of a Requester or a third party;
15. Losses due to the negligence or misconduct of a third party;
16. Losses stemming from defects in a manufacturer’s product;
17. Losses associated with pre-existing damages or conditions of the item or property;
18. Losses arising from items provided by the Requester or due to recommendations made by the Requester (for instance, if a manufacturer suggests securing furniture to a wall and the Requester opts not to do so, etc);
19. Losses resulting from flooding and/or water damage, including mold, fungi, or bacteria;
20. Losses related to products that contain hazardous or harmful materials, acts of terrorism, product liability, or pollution;
21. Losses involving cash, third-party gift cards, and securities;
22. Losses incurred due to an intentional wrongful act by a Professional;
23. Losses arising from normal wear and tear;
24. Losses concerning items that maintain their functionality; (for example, minor cosmetic damage, ordinary wear and tear, a television with a scratch on the bezel);
25. Losses pertaining to fine arts, which encompasses but is not limited to paintings, etchings, printed photographs, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar items of rarity or historical significance;
26. Losses for damage extending beyond the specifically damaged area (for example, if flooring is damaged, any loss is confined to the replacement cost of the affected square footage after accounting for obsolescence and physical depreciation);
27. Damages for loss of use, which include, but are not limited to, loss of use related to property, furniture, and the expenses incurred for storage, transportation, and insurance of furniture in relation to loss of use;
28. Losses that are excluded as per Section 17 of the Agreement;
29. Losses that are derived from sentimental and/or undocumented intangible value;
30. Damages or losses linked to the unauthorized acquisition, access, destruction, or loss of electronic data, which encompasses, but is not limited to, films, records, manuscripts, drawings, or photographs, as well as data, information, audio or video recordings, files, facts, programs, or other materials that are stored as or on, created or utilized on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media utilized with electronically-controlled equipment;
31. Losses associated with repairs conducted outside the location where the Professional Services were delivered.
32. losses related to pets, personal liability, or damage to shared or communal areas;
33. Losses resulting from shipping expenses and/or the shipment of replacement items and/or taxes incurred during the purchase of the original and/or replacement items;
34. Losses due to theft without a valid police report, if required by Capstone Cleaning Services; as well as losses lacking adequate documentation; and
    losses that occur after, or are unrelated to, the execution of a Professional Service;
35. Losses involving products or services, or their usage, that are illegal;
36. Losses arising from unforeseen or hidden defects in the premises;
37. Losses associated with services not specifically booked through the Capstone Cleaning Services Platform; and
    losses reported by third parties.

How do I submit a Claim?

1. The initial report of a claim must be made within 72 hours following the completion of the Professional Service by the Professional. After the initial report, you will be required to fill out the complete claim form within 7 days of receiving it. Failure to complete the claim form in full within 7 days of receipt will result in your claim being ineligible for the Capstone Cleaning Services Happiness Guarantee. We strongly encourage you to review these terms and conditions before submitting a claim. All claims will be evaluated individually. During the assessment process of Capstone Cleaning Services claims, you may need to provide written documentation that includes: (1) proof of ownership of the damaged or missing item; (2) proof of the value of the damaged or missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to provide Capstone Cleaning Services with the necessary information.If you do not provide the necessary information within the 30-day timeframe and/or neglect to reach out to Capstone Cleaning Services to request an extension, your claim will be deemed closed and will no longer qualify for the Capstone Cleaning Services Happiness Guarantee. Additionally, you agree to: (A) safeguard and maintain any damaged property that forms the basis of a claim from further harm; (B) cooperate and permit Capstone Cleaning Services or its insurers to access, inspect, and create copies, photographs, and recordings of anything related to the claim; (C) accept repairs and/or remediation conducted by a Professional; (D) accept a replacement only if it is established that repairs are not feasible; (E) provide the requested materials by the deadlines specified by the Capstone Cleaning Services resolutions team. and (F) agree to accept a replacement item, which will be subject to the standard depreciation of that item. Should any portion of Your claim be approved, it will be a prerequisite for any payment to You under the Capstone Cleaning Services Happiness Guarantee that You execute and submit the release agreement to Capstone Cleaning Services within 14 days of receiving the release agreement from Capstone Cleaning Services. Furthermore, You must assign to Capstone Cleaning Services or its insurer any rights and remedies that You may possess to recover amounts paid to You concerning an approved claim from any party deemed financially responsible for the approved claims, as well as any rights in any property that is recovered. The release agreement will be rendered null and void if it is not signed and returned to Capstone Cleaning Services within 14 days of Your receipt, and consequently, the claim will no longer be eligible for the Capstone Cleaning Services Happiness Guarantee.
2. Terms and Termination; Cancellation of Professional Services; Survival.
3. Term. This Agreement shall remain in full force and effect until it is terminated by either you or us.
4. Termination by Capstone Cleaning Services. We reserve the right to terminate this Agreement or suspend your access to the Capstone Cleaning Services Platform at any time, for any reason or no reason at all (including, but not limited to, situations where we believe you have violated this Agreement or any policy outlined on the Capstone Cleaning Services Platform, or if we determine that you have engaged in inappropriate and/or offensive behavior (collectively referred to as “Prohibited Conduct”). This will be communicated to you through written or email notice sent to the physical or email address you have provided, and the termination will take effect immediately upon such notification. Unless we terminate or suspend your access to the Capstone Cleaning Services Platform due to any Prohibited Conduct, we will issue a full refund for any payments made for Capstone Cleaning Services or Professional Services that have not been rendered or completed. Should we terminate or suspend your account for any reason, you are barred from registering and creating a new account under your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we retain the right to pursue appropriate legal action, which may include civil, criminal, and injunctive relief. Upon termination of your account, Capstone Cleaning Services may delete the account along with all associated information. You do not possess any ownership rights to your account.

5. Termination by You. You have the right to terminate this Agreement by fully and permanently discontinuing your use of the Capstone Cleaning Services Platform (provided that there are no pending Professional Services ordered under your password or account) and by deactivating any account you have created on the Capstone Cleaning Services Platform. Should you attempt to terminate this Agreement while there are still pending Professional Services ordered under your password or account, this Agreement will remain in effect until such Professional Services have been completed or otherwise canceled as allowed by Capstone Cleaning Services.

    

6. Cancellation Policy for Service Cancellation by Requester of Cleaning Plans and One-Time Professional Service Bookings. The cancellation policy of Capstone Cleaning Services (available at www.capstonecleans.com/faq-help-center) for specific Professional Services is outlined as follows: Requesters are permitted to cancel their scheduled Professional Service appointments via the Capstone Cleaning Services Platform at any time, subject to the following conditions. If a Requester cancels prior to 4PM the day before the booking, there will be no cancellation fee. If a Requester cancels after 4PM the day before a scheduled Professional Service appointment, a cancellation fee of $50 will be incurred. This cancellation policy is applicable to both one-time Professional Service bookings and recurring Professional Service appointments. A Professional Service appointment may be canceled through the Capstone Cleaning Services Help Center at www.capstonecleans.com/faq-help-center or by sending a cancellation notice to info@capstonecleans.com.

1. Policy for Service Cancellation by Professional. In the event that a Professional cancels a scheduled Professional Service appointment, the Capstone Cleaning Services Platform typically informs the Requester and makes the Requester’s Professional Service request accessible for selection by another Professional. Nevertheless, Capstone Cleaning Services cannot assure that a canceled Professional Service appointment will be chosen by another Professional for rescheduling or that the Professional Service request will ultimately be fulfilled. For Recurrent Service Requesters, if a Professional cancels a Professional Service appointment, the Requester will not incur charges for that appointment. Professionals who cancel a scheduled Professional Service appointment may be subject to fees as outlined in the Service Agreement.

    

2. Survival. All provisions that are inherently intended to survive the expiration or termination of this Agreement, including but not limited to, Sections 8, 10, and 14-23, shall indeed survive.

    

3. Links to and Plug-Ins from Other Web Sites or Media. Links (including hyperlinks) from the Capstone Cleaning Services Platform to and plug-ins from websites or applications that are owned, operated, or controlled by third parties (collectively referred to as “Third Party Sites”) do not imply endorsement by Capstone Cleaning Services of these Third Party Sites or their content. These links and plug-ins are offered solely as an informational service, for reference and convenience. Capstone Cleaning Services does not have control over any Third Party Sites and is not accountable for their content. It is your duty to assess the content and relevance of the information acquired from Third Party Sites. The use of any Third Party Site is subject to the terms and conditions of use and privacy policy of that specific Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. Capstone Cleaning Services EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO INDEMNIFY Capstone Cleaning Services FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

1. Submission Areas. The Capstone Cleaning Services Platform may include blogs, message boards, applications, opportunities for reviews, job postings, chat areas, news groups, forums, communities, and/or other communication facilities that enable Users to interact with one another and with Capstone Cleaning Services (collectively referred to as “Submission Areas”). Certain sections within the Submission Areas of the Capstone Cleaning Services Platform will be accessible to the public, and Capstone Cleaning Services shall not be liable for any information or materials shared in these public sections. At its discretion, Capstone Cleaning Services may choose to publicly display submissions that you provide to a non-public section of the Capstone Cleaning Services Platform. You are permitted to utilize Submission Areas solely for the purpose of sending and receiving messages and materials that are pertinent and appropriate to the respective forum and that adhere to this Agreement. “Your Information” refers to any data and materials you furnish to us or other Users in relation to your registration and use of the Capstone Cleaning Services Platform, including, but not limited to, information and materials that are posted or transmitted for use in Submission Areas. You bear full responsibility for Your Information, while we act merely as a passive conduit for the online distribution and publication of Your Information. You hereby affirm and guarantee that Your Information: (a) will consistently comply with this Agreement, including but not limited to Section 7 (Rules for Use of the Capstone Cleaning Services Platform) below, and Section 2 (Personal Information; User Accounts) above; and (b) will not result in liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), customers, or other partners or suppliers.

   You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to utilize, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute all of Your Information that is submitted to Submission Areas from or through your account on the Capstone Cleaning Services Platform. This includes, but is not limited to, all images, videos, musical works, and text contained in such submissions. The rights you confer in this license are strictly for the limited purpose of operating, promoting, and enhancing the Capstone Cleaning Services Platform. We retain the right to remove postings from Submission Areas at our sole discretion.

    

Rules for Use of the Capstone Cleaning Services Platform.

Throughout the duration of this Agreement, Requesters may utilize the Capstone Cleaning Services Platform solely for personal use (or for the use of an individual, including a company or other organization that you are authorized to represent). Requesters are permitted to use the Capstone Cleaning Services Platform to book Professional Services only in relation to a location where the Requester is legally permitted to have Professional Services conducted. Requesters are prohibited from using the Capstone Cleaning Services Platform for any other purposes or in association with any commercial activities without our explicit prior written consent. Requesters acknowledge that an order for Professional Services constitutes an offer, which is only accepted upon the Requester receiving a confirmation of the order.

Requesters commit to treating Professionals with respect and in accordance with the law, ensuring a safe and suitable working environment that adheres to all relevant laws and regulations, and to offering reasonable assistance to Professionals to facilitate the provision of Professional Services. Requesters agree to direct any complaints to us rather than to the Professionals. Requesters also agree to adhere to our complaint and other policies outlined on the Site. Requesters recognize that their chosen Professional may occasionally be unavailable, for instance, due to illness, vacation, or departure from the Capstone Cleaning Services platform. Professionals commit to delivering Professional Services in compliance with all relevant laws and regulations and in accordance with the Service Agreement. You are prohibited from using the Capstone Cleaning Services Platform (including but not limited to any Submission Areas) to engage in any of the following activities:

1. Uploading files that contain viruses, Trojan horses, corrupted files, or any other similar software that could harm another individual’s computer.
2. Uploading files that include software or other materials that infringe upon the intellectual property rights or the rights of privacy or publicity of any third party.
3. Defaming, abusing, harassing, stalking, threatening, or otherwise infringing upon the legal rights (including, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
4. Please refrain from posting a review or rating unless it reflects your independent, honest, and genuine opinion.
5. Use the Capstone Cleaning Services Platform or any Professional Service for purposes or in manners that do not violate local, state, national, or international laws.
6. Do not publish, post, upload, distribute, or disseminate any profane, defamatory, false, misleading, fraudulent, threatening, or unlawful topics, names, materials, or information, nor any materials, information, or content related to the sale of counterfeit or stolen items.
7. You are prohibited from advertising or offering to sell any goods or services for commercial purposes or soliciting employment or contract work that is not relevant to the services provided through the Capstone Cleaning Services Platform.
8. Soliciting, advertising for, or contacting Users for employment, contracting, or any other purpose unrelated to Professional Services facilitated through the Capstone Cleaning Services Platform is not allowed without our express written permission.
9. Do not use the Capstone Cleaning Services Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
10. Refrain from conducting or forwarding surveys, contests, pyramid schemes, or chain letters.
11. Do not impersonate another individual or permit any other person or entity to use your identification to post or view comments or otherwise utilize your account.
12. Avoid posting the same note repeatedly, as this is referred to as ‘spamming’. Spamming is strictly prohibited.
13. Do not download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Capstone Cleaning Services Platform, nor post or upload any content for which you have not obtained the necessary rights or permissions to use accordingly.
14. Do not restrict or inhibit any other User from using and enjoying the Capstone Cleaning Services Platform.
15. Do not imply or state that any statements you make are endorsed by us without our prior written consent.

16. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack, or interfere with the Capstone Cleaning Services Platform, its servers, or any connected networks.

17. Additionally, do not use a robot, spider, or any manual and/or automatic processes or devices to data-mine, data-crawl, scrape, or index the Capstone Cleaning Services Platform in any manner, nor attempt to do any of the aforementioned actions.

     

18. Do not remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights that we own.

     

19. Do not 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.

     

20. Do not upload content that provides materials or access to materials that are obscene, adult, or sexual in nature, or that exploit anyone, particularly individuals under the age of 18, in an abusive, violent, or sexual manner.

     

21. Do not register to use the Capstone Cleaning Services Platform under different usernames or identities after your account has been suspended or terminated.

     

22. Do not mirror or archive any part of the Capstone Cleaning Services Platform or any content or material contained on the Capstone Cleaning Services Platform without obtaining written permission from Capstone Cleaning Services.

     

23. Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, nor provide false or misleading representations in the sender information, subject line, locator, or content of any electronic message.

     

24. Do not alter transmission data without the consent of Capstone Cleaning Services.

     

25. No Employment.

    Capstone Cleaning Services offers a software platform that enables you to connect with independent professionals. It is important to note that Capstone Cleaning Services does not employ any of these professionals. You acknowledge that we do not oversee, direct, or control the work or services provided by a professional in any way. A professional operates as an independent contractor, and is not considered an employee, joint venture, partner, agent, or franchisee of Capstone Cleaning Services for any reason whatsoever.

     

26. Special Promotions; Gift Cards and Vouchers.

27. Changes to Promotions. Occasionally, we may offer certain promotional opportunities to requesters.

28. All promotions will be conducted at our sole discretion and may be activated, altered, or removed at any time by us without prior notice.

29. Promotional Credit
    Promotional credit is exclusively applicable to the specific services identified by Capstone Cleaning Services. This credit is valid for a limited duration and will expire on the date specified when you receive the relevant promotional credit. If promotional credit is not utilized before the expiration date, it will be forfeited.

30. Capstone Cleaning Services retains the right to cancel promotional credit at any time. No refunds will be issued for any promotional credit that has expired or been canceled.
    The promotional credit from Capstone Cleaning Services holds no intrinsic value, cannot be exchanged for cash, has no cash value, and is intended solely as a means to acknowledge and encourage the use of the Capstone Cleaning Services platform. Promotional credits cannot be purchased with cash, and Capstone Cleaning Services does not sell promotional credit. Furthermore, promotional credit is nonrefundable.

Promotional credits will not be applicable to any sales, use, gross receipts, or similar transaction-based taxes that may pertain to you, nor to any fees or charges associated with the use of ineligible services.

1. Your Capstone Cleaning Services account will incur charges for all fees and costs related to the use of any ineligible services.
2. Each promotional credit is valid for a single use, and your Capstone Cleaning Services account will be charged for all fees and costs associated with any eligible service that exceeds the amount of available promotional credit.
3. Promotional Credit that you receive is exclusively yours. You are prohibited from selling, licensing, renting, or otherwise transferring promotional credit. Such credit may only be applied to your account and cannot be transferred to any other account.
4. Referral Credits. If you receive a code that allows you to refer a friend to the Capstone Cleaning Services Platform in exchange for a referral credit, you must not utilize any online marketing or advertising to promote this code or to artificially inflate the number of credits awarded. For instance, you are not permitted to post, or allow a third party to post, this code on a coupon website, nor to engage in paid search marketing, online advertising, forum postings, newsgroup postings, or bulk emailing to distribute this code. You may only share this code with your personal friends and acquaintances for legitimate referral purposes, as determined solely by us at our discretion. Capstone Cleaning Services referral credits can only be redeemed for Professional Service. These referral credits hold no cash value and cannot be exchanged for cash unless mandated by law. Without limiting our other rights and remedies, we reserve the right to terminate this code and/or your account for any violation of this Section. For inquiries or further information, please reach out to us at www.capstonecleans.com/faq-help-center.
5. Vouchers.

6. Capstone Cleaning Services offers vouchers or promotional codes for special discounts or offers (“Vouchers”) that may be available and can be utilized to partially or fully pay for Professional Services.

7. You agree to use only one Voucher per individual and to utilize Vouchers in accordance with the terms and conditions associated with the Vouchers.

    

8. You agree to adhere to all terms and conditions related to Vouchers.

    

9. The use of Vouchers is also subject to the following terms and conditions concerning Gift Cards.

10. Gift Cards
    Capstone Cleaning Services Gift Cards (“Gift Cards”) are redeemable solely for Professional Services. Gift Cards hold no cash value and cannot be exchanged for cash unless mandated by law.

11. Gift Cards must be presented at the time of purchase, and any remaining balance will be applied to your transaction.

     

12. Gift Cards do not have an expiration date, and there are no inactivity, dormancy, or service fees associated with Gift Cards.

     

13. You agree to comply with all terms and conditions related to Gift Cards.
    Gift Cards cannot be replaced if lost or stolen and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.

14. Gift Cards are not valid for previous purchases, credits, or the acquisition of Gift Cards, and cannot be utilized to make payments towards third-party items or the balance on a credit card.

    We maintain the authority to restrict the number of Gift Cards that any individual or entity may purchase and to revoke a Gift Card if we suspect it was acquired through fraudulent or unauthorized methods. Specifically, you are prohibited from purchasing or acquiring more than $10,000 in Gift Card value in a single day, regardless of the location, whether through one Gift Card or multiple Gift Cards. Additionally, you are not permitted to purchase or acquire any single Gift Card valued at more than $2,000 in a single day.

    Your Gift Card is not linked to any credit card, credit line, overdraft protection, or deposit account. Unused balances on Gift Cards are non-transferable, and you are not allowed to sell a Gift Card or engage in any form of barter for its exchange; however, you may present a Gift Card to another individual as a gift.

    -A Gift Card becomes void if it is copied, modified, transferred, purchased, or sold.
    -All purchases of Gift Cards are final and non-refundable. All sales are conclusive.
    -We retain the right to amend the balance of a Gift Card if we determine that a billing mistake has occurred, and we disclaim any liability for such billing errors.

    The use of Gift Cards and their associated terms are governed by this Agreement (including the Privacy Policy), and utilizing a Gift Card signifies your acceptance of these terms. The applicable terms and conditions may change without prior notice. If the laws governing a Gift Card necessitate additional or different terms and conditions, those terms and conditions will take precedence. For inquiries or further information, please reach out to us at www.capstonecleans.com/faq-help-center.

15. If you do not utilize your Gift Card for a specified duration, we may be compelled to transfer the remaining balance of the Gift Card to a state in accordance with that state’s unclaimed or abandoned property legislation. While your Gift Card does not have an expiration date, should we be required to surrender the remaining balance of your Gift Card under a state’s unclaimed property regulations, we will, by operation of law, be absolved of any further liability or obligation concerning your Gift Card. Consequently, you may need to reach out to the state’s unclaimed property administrator to seek recovery of your unused Gift Card balance. To safeguard your right to continue utilizing your remaining Gift Card balance, we will undertake reasonable measures to exempt your Gift Card from state unclaimed property statutes.

     

16. Intellectual Property Rights.

    The Capstone Cleaning Services Platform, along with the information, data, content, and materials it encompasses (collectively referred to as “Capstone Cleaning Services Materials”), is owned by Capstone Cleaning Services and/or its affiliates and licensors, excluding User-generated content, which Capstone Cleaning Services is entitled to use as outlined below. The Capstone Cleaning Services Materials are safeguarded against unauthorized reproduction and distribution by United States copyright law, trademark law, international treaties, and other intellectual property regulations. Capstone Cleaning Services and/or its affiliates and licensors are and will remain the sole and exclusive proprietors of all rights, titles, and interests in all intellectual property rights associated with the Capstone Cleaning Services Materials. Any utilization of Capstone Cleaning Services Materials, aside from what is expressly authorized herein, is forbidden without the prior consent of Capstone Cleaning Services and/or the pertinent rights holder. The service marks and trademarks of Capstone Cleaning Services, including the Capstone Cleaning Services logo, are service marks owned by Capstone Cleaning Services.

    Any other trademarks, service marks, logos, and/or trade names that are displayed on the Capstone Cleaning Services Platform belong to their respective owners. You are prohibited from copying or utilizing any of the marks, logos, or trade names that appear on the Capstone Cleaning Services Platform without obtaining the express prior written consent of the owner.

     

17. Copyright Complaints and Copyright Agent.

Capstone Cleaning Services honors the intellectual property rights of others and anticipates that Users will do the same. Capstone Cleaning Services will address properly submitted notifications of alleged copyright infringement that adhere to applicable law. If an individual or entity believes in good faith that any materials provided on or in connection with the Capstone Cleaning Services Platform violate that individual’s or entity’s copyright or other intellectual property rights (referred to as a “Complainant”) and submits a properly formatted copyright notice to Capstone Cleaning Services as outlined below, Capstone Cleaning Services will conduct an investigation. Should it determine, at its discretion, that the material is indeed infringing, Capstone Cleaning Services will remove the content and may revoke the access of the User who posted such content to the Capstone Cleaning Services Platform in cases of repeat infringers. All notices asserting a claim of copyright infringement must include the following:

(i) Identification of the intellectual property right that is claimed to be infringed. All pertinent registration numbers, or a declaration regarding the Complainant’s ownership of the work, should be provided.

(ii) A statement that clearly identifies the location of the infringing material, with sufficient detail for Capstone Cleaning Services to locate it on the Capstone Cleaning Services Platform. It is important to note that simply providing a top-level URL is inadequate.

(iii) The full name, address, telephone number, and e-mail address of the Complainant.

(iv) A declaration that the Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the rights owner, their agents, or by law.

(v) A statement affirming that the information included in the notification is accurate, and under penalty of perjury, the Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are claimed to be infringed; (vi) A physical or electronic signature of an individual authorized to act on behalf of the owner of the intellectual property rights that are purportedly being infringed.

Capstone Cleaning Services contact information for reporting alleged copyright infringement is:

Email: info@capstonecleans.com