Fleek Terms of Service
Last Updated: January 6, 2021
These Terms of Service constitute a legally binding agreement (the “Agreement”) between you and Fleek (Cirrus LLC), its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, “Fleek,” “we,” “us” or “our”) governing your use of the Fleek application, website, and technology platform (collectively, the “Fleek Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS BETWEEN YOU AND FLEEK CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FLEEK TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A PROVIDER OR CUSTOMER APPLICANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into this Agreement, and/or by using or accessing the Fleek Platform you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions in Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE FLEEK PLATFORM OR ANY OF THE SERVICES PROVIDED THROUGH THE FLEEK PLATFORM. If you use the Fleek Platform in another country, you agree to be subject to Fleek’s terms of service for that country.
The Fleek Platform
The Fleek Platform provides a marketplace where persons who seek Salon, Barber, Nail Technician, Eyelash Technician and/or Hair Removal services at their home location (“Customers”) can be matched with providers options to such locations. Providers and Customers are collectively referred to herein as “Users,” and the services provided by Providers to Customers shall be referred to herein as “Fleek Services.” As a User, you authorize Fleek to match you with a Provider or Customer based on factors such as your location, the estimated time to arrival, your selected services, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. Any decision by a User to offer or accept Fleek Services is a decision made in such User’s sole discretion. Each Fleek Service provided by a Provider to a Customer shall constitute a separate agreement between such persons.
Modification to the Agreement
Fleek reserves the right to modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Fleek reserves the right to modify any information on pages referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Fleek Platform or Fleek Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Fleek Platform may only be used by individuals who have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein. The Fleek Platform is not available to Users who have had their User account temporarily or permanently deactivated. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account. To use the Fleek Platform, each User shall create a User account. Each person may only create one User account, and Fleek reserves the right to deactivate any additional or duplicate accounts.
By becoming a User, you represent and warrant that you are at least 18 years old. Notwithstanding the foregoing, if you are the parent or legal guardian of a 16 or 17-year old minor you may create a Fleek account for such minor to use the Fleek Platform subject to the following requirements and restrictions:
(a) you ensure that the minor does not request or accept any Fleek Services unless accompanied by you or an authorized guardian, and
(b) you expressly guarantee the minor’s acceptance of the terms of this Agreement. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor customer.
By creating a Fleek account for such minor, you hereby give permission and consent to the Agreement on the minor’s behalf, and you shall assume any and all responsibility and liability for the minor’s use of the Fleek Platform as provided by the terms of this Agreement and any applicable Supplemental Agreements. You will be responsible for any breach of the above representations, warranties and/or this Agreement, and/or any attempt of the minor to disaffirm this Agreement. Furthermore, you hereby represent that you are fully authorized to execute this Agreement on behalf of yourself and all other parents or legal guardians of the minor customers.
As a customer, you understand that request or use of Fleek Services may result in charges to you (“Charges”). Charges for Fleek Services include services and other applicable fees, surcharges, and taxes as set forth by your selected Provider plus any tips to the Provider that you elect to pay. Fleek has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your market’s Fleek Cities page or quoting you a price for a specific service at the time you make a request. Pricing may vary based on the type of service you request (e.g., haircut, manicure, braids) as described on your Providers profile page. You are responsible for reviewing the applicable price quote within the Fleek app and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
In all cases Fleek will quote you a Service Price at the time of your request. The service price is set by each individual Provider. Quoted Service Prices may include the Fees and Other Charges below, as applicable.
Fees and Other Charges.
Service Fee. You may be charged a “Service Fee” for each Fleek Service as set forth in the Fleek application.
Cancellation Fee. After requesting a service you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a service.
Damage Fee. If a Customer reports that you have materially damaged the Customer’s home or property, you agree to pay a “Damage Fee” depending on the extent of the damage (as determined by Fleek in its sole discretion), towards home/property repair or cleaning. Fleek reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Fleek is not responsible for any damages or loss of property.
Other Charges. Other fee and surcharges may apply to your service, including: state or local fees, or event fees as determined by Fleek or its marketing partners. In addition, where required by law Fleek will collect applicable taxes.
Tips. Following a service, you may elect to tip your Provider in cash or through the Fleek application. You may also elect to set a default tip amount or percentage through the app; Any tips will be provided entirely to the applicable Provider.
Facilitation of Charges. All Charges are facilitated through a third-party payment processor (e.g., First Data, Stripe, Inc., or Braintree, a division of PayPal, Inc.). Fleek may replace its third-party payment processor without notice to you. Charges shall only be made through the Fleek Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Fleek satisfies your payment obligation for your use of the Fleek Platform and Fleek Services. Fleek may group multiple charges into a single aggregate transaction on your payment method based on the date(s) they were incurred. If you don’t recognize a transaction, then check your receipts and payment history.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Fleek Platform, any disruption to the Fleek Platform or Fleek Services, or any other reason whatsoever.
Coupons. You may receive coupons that you can apply toward payment of certain Charges upon completion of a Service. Coupons are only valid for use on the Fleek Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your service exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Service. For quoted prices, Fleek may deduct the amount attributable to the Service Fee or Other Charges before application of the coupon. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or by clicking on the relevant coupon within the Promotions section of the Fleek App.
Credit Card Authorization. Upon addition of a new payment method or each service request, Fleek may seek authorization of your selected payment method to verify the payment method, ensure the service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
If you are a Provider, you will receive payment for your provision of Fleek Services pursuant to the terms of the Provider Addendum, which shall form part of this Agreement between you and Fleek.
By entering into this Agreement or using the Fleek Platform, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Fleek, its affiliated companies and/or Providers, may include but are not limited to: operational communications concerning your User account or use of the Fleek Platform or Fleek Services, updates concerning new and existing features on the Fleek Platform, communications concerning promotions run by us or our third-party partners, and news concerning Fleek and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF PROMOTIONAL CALLS OR TEXTS, YOU MAY EMAIL US AT CONTACTUS@FLEEKSERVICES.COM. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE FLEEK PLATFORM OR RELATED SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM FLEEK (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN EMAIL CONTACTUS@FLEEKSERVICES.COM WITH THE WORD “STOPALL” IN THE SUBJECT LINE FROM THE MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE FLEEK PLATFORM OR RELATED SERVICES.
Promotions, Referrals, and Loyalty Programs
Fleek, at its sole discretion, may make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. These promotions and programs, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Fleek. Fleek reserves the right to withhold or deduct credits or benefits obtained through a promotion or program in the event that Fleek determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion or program terms or this Agreement. Fleek reserves the right to terminate, discontinue or cancel any promotions or programs at any time and in its sole discretion without notice to you.
Currently, Fleek’s referral program (“Referral Program”) provides you with incentives to refer your friends and family to become new Users of the Fleek Platform in your country (the “Referral Program”). Your participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Fleek Platform and your participation in the Fleek Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Fleek Platform or the servers or networks connected to the Fleek Platform;
post Information or interact on the Fleek Platform or Fleek Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
use the Fleek Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of the Fleek Platform or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Fleek Platform;
“frame” or “mirror” any part of the Fleek Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Fleek Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Fleek Platform or access to any portion of the Fleek Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Fleek Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification, or any other User’s Information to any other party;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
violate any of the Referral Program rules if you participate in the Referral Program; or
cause any third party to engage in the restricted activities above.
Provider Representations, Warranties and Agreements
You possess all of the appropriate licenses and valid certifications, approvals and authority to provide Fleek Services to Customers in all jurisdictions in which you provide Fleek Services.
You own, the equipment/tools and products you use when providing Fleek Services; such equipment is in good operating condition and meets the industry safety standards; and any and all applicable safety recalls have been remedied per manufacturer instructions.
You will not engage in reckless behavior while providing Fleek Services, permit an unauthorized third party to accompany you in the home/location while providing Fleek Services, provide Services as a Provider while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Fleek community or third parties.
You will not, while providing the Fleek Services, accept appointments outside of the Fleek app, charge for services (except as expressly provided in this Agreement), demand that a customer pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Fleek or Customers on the Fleek Platform or in connection with your provision of Fleek Services. If we suspect that you have engaged in fraudulent activity, we may withhold applicable payments for the service(s) in question and take any other action against you available under the law.
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You will pay all applicable federal, state and local taxes based on your provision of Fleek Services and any payments received by you.
All intellectual property rights in the Fleek Platform shall be owned by Fleek absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Fleek Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Fleek. Fleek shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
FLEEK and other Fleek logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Fleek in the United States and/or other countries (collectively, the “Fleek Marks”). If you provide Fleek Services as a Provider, Fleek grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Fleek Marks solely on the Fleek stickers/decals, Fleek Amp, and any other Fleek-Branded items provided by Fleek directly to you in connection with providing the Fleek Services (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Fleek’s prior written permission, which it may withhold in its sole discretion. The Fleek logo (or any Fleek Marks) may not be used in any manner that is likely to cause confusion, including but not limited to: use of a Fleek Mark in a domain name or Fleek referral code, or use of a Fleek Mark as a social media handle or name, avatar, profile photo, icon, favicon, or banner. You may identify yourself as a Provider on the Fleek Platform, but may not misidentify yourself as Fleek, an employee of Fleek, or a representative of Fleek.
You acknowledge that Fleek is the owner and licensor of the Fleek Marks, including all goodwill associated therewith, and that your use of the Fleek logo (or any Fleek Marks) will confer no interest in or ownership of the Fleek Marks in you but rather inures to the benefit of Fleek. You agree to use the Fleek logo strictly in accordance with Fleek’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Fleek determines to nonconforming or otherwise unacceptable.
You agree that you will not:
(1) create any materials that use the Fleek Marks or any derivatives of the Fleek Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Fleek in writing;
(2) use the Fleek Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Fleek Marks other than in accordance with the terms, conditions and restrictions herein;
(3) take any other action that would jeopardize or impair Fleek’s rights as owner of the Fleek Marks or the legality and/or enforceability of the Fleek Marks, including, challenging or opposing Fleek’s ownership in the Fleek Marks;
(4) apply for trademark registration or renewal of trademark registration of any of the Fleek Marks, any derivative of the Fleek Marks, any combination of the Fleek Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Fleek Marks;
(5) use the Fleek Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
You agree you will not rent, lease, lend, sell, or otherwise redistribute the Fleek Provider amp, or manufacture, produce, print, sell, distribute, purchase, or display counterfeit/inauthentic Fleek Provider amps or other Fleek Marks or (including but not limited to signage, stickers, apparel, or decals) from any source other than directly from Fleek.
Violation of any provision of this License may result in immediate termination of the License, in Fleek’s sole discretion, a takedown request sent to the appropriate ISP, or social media platform, and/or a Uniform Domain-Name Dispute-Resolution Policy Proceeding (or equivalent proceeding). If you create any materials (physical or digital) bearing the Fleek Marks (in violation of this Agreement or otherwise), you agree that upon their creation Fleek exclusively owns all right, title and interest in and to such materials, including any modifications to the Fleek Marks or derivative works based on the Fleek Marks or Fleek copyrights. You further agree to assign any interest or right you may have in such materials to Fleek, and to provide information and execute any documents as reasonably requested by Fleek to enable Fleek to formalize such assignment.
Fleek respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Fleek Platform infringe upon your copyrights, please view our Copyright Policy for information on how to make a copyright complaint.
The following disclaimers are made on behalf of Fleek, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Fleek does not provide Salon, Barber, Hair Removal, Braiding or Nail services. It is up to the Provider to decide whether or not to offer a service to a Customer contacted through the Fleek Platform, and it is up to the Customer to decide whether or not to accept a service from any Provider contacted through the Fleek Platform. We cannot ensure that a Provider or Customer will complete an arranged service. We have no control over the quality or safety of the service that occurs as a result of the Fleek Services.
The Fleek Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Fleek Platform, including the ability to provide or receive services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Fleek Platform will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Fleek Platform will be corrected, or that the Fleek Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Fleek Platform or Services.
We cannot guarantee that each Customer is who he or she claims to be. Please use common sense when using the Fleek Platform and Services, including looking at the photos of the Provider or Customer you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Fleek Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Provider or Customer prior to engaging in an arranged service.
Fleek is not responsible for the conduct, whether online or offline, of any User of the Fleek Platform. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, damaged or missing personal belongings by Providers or Customers. By using the Fleek Platform and participating in the Fleek Services, you agree to accept such risks and agree that Fleek is not responsible for the acts or omissions of Users on the Fleek Platform or participating in the Services.
You are responsible for the use of your User account and Fleek expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Fleek Platform (including any profile information you provide), send to other Users, or share during the Fleek Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Fleek Platform or through the Fleek Services. Please carefully select the type of information that you post on the Fleek Platform or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Fleek or made available through the Fleek Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Fleek Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Fleek Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Fleek Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Fleek, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Fleek Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Fleek Platform may be accessible to Fleek and certain Users of the Fleek Platform.
Fleek advises you to use the Fleek Platform with a data plan with unlimited or very high data usage limits, and Fleek shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Fleek Platform.
This paragraph applies to any version of the Fleek Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Fleek. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Fleek Platform. Fleek, not Apple, is solely responsible for the Fleek Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Fleek including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Fleek Platform and participation in the Fleek Services, including:
(1) your breach of this Agreement or the documents it incorporates by reference;
(2) your violation of any law or the rights of a third party, including, Providers, Customers, non-customers at the service location, as a result of your own interaction with such third party;
(3) any allegation that any materials that you submit to us or transmit through the Fleek Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
(4) your ownership, use or operation of service equipment, including your provision of Fleek Services as a Provider; and/or
(5) any other activities in connection with the Fleek Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL FLEEK, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “FLEEK” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE FLEEK PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE FLEEK PLATFORM, FLEEK SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FLEEK PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT FLEEK HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated:
a) by User, without cause, upon seven (7) days’ prior written notice to Fleek; or
b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement.
In addition, Fleek may terminate this Agreement or deactivate your User account immediately in the event:
(1) you no longer qualify to provide Fleek Services or to operate as a provider under applicable law, rule, permit, ordinance or regulation;
(2) you fall below Fleek’s star rating or cancellation threshold;
(3) Fleek has the good faith belief that such action is necessary to protect the safety of the Fleek community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Fleek’s reasonable satisfaction prior to Fleek permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Fleek’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Fleek.
YOU AND FLEEK MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Fleek ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Fleek, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders. This Arbitration Agreement also applies to claims between you and Fleek’s service providers, including but not limited to background check providers and payment processors; and such service providers shall be considered intended third party beneficiaries of this Arbitration Agreement.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND FLEEK. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Fleek Platform, Fleek Services through the Fleek Platform, Fleek promotions, gift card, referrals or loyalty programs, any other goods or services made available through the Fleek Platform, your relationship with Fleek, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, background checks performed by or on Fleek’s behalf, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Fleek, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Fleek and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND FLEEK ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND FLEEK MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND FLEEK BOTH ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS GENERAL ACT CLAIMS BROUGHT AGAINST FLEEK, WHICH ARE ADDRESSED SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on a class, collective, or representative basis. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims.
Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which:
(1) the dispute is filed as a class, collective, or representative action and
(2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any Claim or any particular remedy for a Claim (such as a request for public injunctive relief), then that Claim or particular remedy (and only that Claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims or remedies to the fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the Arbitration Agreement, to the fullest extent permitted by law: (1) you and Fleek agree not to bring a representative action on behalf of others under the Private Attorneys General Act of 2004 (“PAGA”), California Labor Code § 2698 et seq., in any court or in arbitration, and (2) for any claim brought on a private attorney general basis, including under the California PAGA, both you and Fleek agree that any such dispute shall be resolved in arbitration on an individual basis only (i.e., to resolve whether you have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “representative PAGA Waiver”). Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If any provision of this representative PAGA Waiver is found to be unenforceable or unlawful for any reason: (i) the unenforceable provision shall be severed from this Agreement; (ii) severance of the unenforceable provision shall have no impact whatsoever on the Arbitration Agreement or the requirement that any remaining Claims be arbitrated on an individual basis pursuant to the Arbitration Agreement; and (iii) any such representative PAGA or other representative private attorneys general act claims must be litigated in a civil court of competent jurisdiction and not in arbitration. To the extent that there are any Claims to be litigated in a civil court of competent jurisdiction because a civil court of competent jurisdiction determines that the representative PAGA Waiver is unenforceable with respect to those Claims, the Parties agree that litigation of those Claims shall be stayed pending the outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. The parties may select a different arbitration administrator upon mutual written agreement.
As part of the arbitration, both you and Fleek will have the opportunity for reasonable discovery of non-privileged information that is relevant to the Claim. The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision which shall explain the award given and the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Customers or Providers, but is bound by rulings in prior arbitrations involving the same Customer or Provider to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the relevant AAA Rules subject to the following modifications:
If Fleek initiates arbitration under this Arbitration Agreement, Fleek will pay all AAA filing and arbitration fees.
With respect to any Claims brought by Fleek against a Provider, or for Claims brought by a Provider against Fleek that: (A) are based on an alleged employment relationship between Fleek and a Provider; (B) arise out of, or relate to, Fleek’s actual deactivation of a Provider’s User account or a threat by Fleek to deactivate a Provider’s User account; (C) arise out of, or relate to, Fleek’s actual termination of a Provider’s Agreement with Fleek under the termination provisions of this Agreement, or a threat by Fleek to terminate a Provider’s Agreement; (D) arise out of, or relate to, Fares (as defined in this Agreement, including Fleek’s commission or fees on the Fares), tips, or average hourly guarantees owed by Fleek to Providers for Fleek Services, other than disputes relating to referral bonuses, other Fleek promotions, or consumer-type disputes, or (E) arise out of or relate to background checks performed in connection with a user seeking to become a Provider (the subset of Claims in subsections (A)-(E) shall be collectively referred to as “Provider Claims”), Fleek shall pay all costs unique to arbitration (as compared to the costs of adjudicating the same claims before a court), including the regular and customary arbitration fees and expenses (to the extent not paid by Fleek pursuant to the fee provisions above). However, if you are the party initiating the Provider Claim, you shall be responsible for contributing up to an amount equal to the filing fee that would be paid to initiate the claim in the court of general jurisdiction in the state in which you provide Fleek Services to Customers, unless a lower fee amount would be owed by you pursuant to the AAA Rules, applicable law, or subsection (e)(1) above. Any dispute as to whether a cost is unique to arbitration shall be resolved by the arbitrator. For purposes of this Section 17(e)(3), the term “Provider” shall be deemed to include both Providers and Provider applicants who have not been approved.
Except as provided in Federal Rule of Civil Procedure 68 or any state equivalents, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the claim(s) were litigated in a court such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).
At the end of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to you if you prevail, to the extent authorized by applicable law.
Although under some laws Fleek may have a right to an award of attorneys’ fees and non-filing fee expenses if it prevails in an arbitration, Fleek agrees that it will not seek such an award unless you are represented by an attorney or the arbitrator has determined that the claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
If the arbitrator issues you an award that is greater than the value of Fleek’s last written settlement offer made after you participated in good faith in the optional Negotiation process described in subsection (k) below, then Fleek will pay you the amount of the award or U.S. $1,000, whichever is greater.
(f) Location and Manner of Arbitration.
Unless you and Fleek agree otherwise, any arbitration hearings between Fleek and a Customer will take place in the county of your billing address, and any arbitration hearings between Fleek and a Provider will take place in the county in which the Provider provides Fleek Services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for a AAA arbitration. Your right to a hearing will be determined by the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; (2) a representative action brought on behalf of others under PAGA or other private attorneys general acts, to the extent the representative PAGA Waiver in Section 17(c) of such action is deemed unenforceable by a court of competent jurisdiction under applicable law not preempted by the FAA; (3) claims for workers’ compensation, state disability insurance and unemployment insurance benefits; (4) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA; and (5) individual claims of sexual assault or sexual harassment in connection with the use of the Fleek Platform or Fleek Services. Where these claims are brought in a court of competent jurisdiction, Fleek will not require arbitration of those claims. Fleek’s agreement not to require arbitration of these claims does not waive the enforceability of any other provision of this Arbitration Agreement (including without limitation the waivers provided in Section 17(b)), or of the enforceability of this Arbitration Agreement as to any other dispute, claim, or controversy.
Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board (“NLRB”), or Office of Federal Contract Compliance Programs, or similar local, state or federal agency, and nothing in this Arbitration Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration However, should you bring an administrative claim, you may only seek or recover money damages of any type pursuant to this Arbitration Provision, and you knowingly and voluntarily waive the right to seek or recover money damages of any type pursuant to any administrative complaint, except for a complaint issued by the NLRB. Should you participate in an NLRB proceeding, you may only recover money damages if such recovery does not arise from or relate to a claim previously adjudicated under this Arbitration Provision or settled by you. Similarly, you may not recover money damages under this Arbitration Provision if you have already adjudicated such claim with the NLRB. Nothing in this Agreement or Arbitration Agreement prevents your participation in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Provision.
In addition to the severability provisions in subsections (b) and (c) above, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
(i) Provider Claims in Pending Settlement.
If you are a member of a putative class in a lawsuit against Fleek involving Provider Claims and a Motion for Preliminary Approval of a Settlement has been filed with the court in that lawsuit prior to this Agreement’s effective date (a “Pending Settlement Action”), then this Arbitration Agreement shall not apply to your Provider Claims in that particular class action. Instead, your Provider Claims in that Pending Settlement Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.
(j) Opting Out of Arbitration for Provider Claims That Are Not In a Pending Settlement Action.
As a Provider or Provider applicant, you may opt out of the requirement to arbitrate Provider Claims defined in Section 17(e)(3) (except as limited by Section 17(i) above) pursuant to the terms of this subsection if you have not previously agreed to an arbitration provision in Fleek’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this provision in the manner specified below, but opting out of this arbitration provision has no effect on any previous, other, or future arbitration agreements that you may have with Fleek. If you have not previously agreed to such an arbitration provision and do not wish to be subject to this Arbitration Agreement with respect to Provider Claims, you may opt out of arbitration with respect to such Provider Claims, other than those in a Pending Settlement Action, by notifying Fleek in writing of your desire to opt out of arbitration for such Provider Claims, which writing must be dated, signed and delivered by electronic mail to arbitrationoptout@Fleekservices.com.
Cases have been filed against Fleek and may be filed in the future involving Provider Claims. You should assume that there are now, and may be in the future, lawsuits against Fleek alleging class, collective, and/or representative Provider Claims in which the plaintiffs seek to act on your behalf, and which, if successful, could result in some monetary recovery to you. But if you do agree to arbitration of Provider Claims with Fleek under this Arbitration Agreement, you are agreeing in advance that you will bring all such claims, and seek all monetary and other relief, against Fleek in an individual arbitration, except for the Provider Claims that are part of a Pending Settlement Action. You are also agreeing in advance that you will not participate in, or seek to recover monetary or other relief, for such claims in any court action or class, collective, and/or representative action. You have the right to consult with counsel of your choice concerning this Arbitration Agreement and you will not be subject to retaliation if you exercise your right to assert claims or opt- out of any Provider Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation Process.
Before initiating any arbitration or proceeding, you and Fleek may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Fleek. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Fleek’s business, operations and properties, information about a User made available to you in connection with such User’s use of the Platform, which may include the User’s name, pick-up location, contact information and photo (“Confidential Information”) disclosed to you by Fleek for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties, and you agree not to store separate and outside of the Fleek Platform any User Information obtained from the Fleek Platform. As a Provider, you understand that some of Customer Information you receive may be protected by federal and/or state confidentiality laws, such as the Health Information Portability and Accountability Act of 1996 (“HIPAA”), governing the privacy and security of protected (patient) health information. In the event that you know a Customer, you should not disclose to anyone the identity of the Customer or the location that you provided services as this could violate HIPAA. You understand that any violation of the Agreement’s confidentiality provisions may violate HIPAA or state confidentiality laws and could result in civil or criminal penalties against you. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Fleek in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Fleek with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Fleek or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Fleek; becomes known to you, without restriction, from a source other than Fleek without breach of this Agreement by you and otherwise not in violation of Fleek’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Fleek to enable Fleek to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Fleek
As a Provider on the Fleek Platform, you acknowledge and agree that you and Fleek are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Fleek expressly agree that
(1) this is not an employment agreement and does not create an employment relationship between you and Fleek; and
(2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Fleek, and you undertake not to hold yourself out as an employee, agent or authorized representative of Fleek.
Fleek does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Fleek Services, your acts or omissions, or your operation and maintenance of your equipment. You retain the sole right to determine when, where, and for how long you will utilize the Fleek Platform. You retain the option to accept or to decline or ignore a Customer’s request for Fleek Services via the Fleek Platform, or to cancel an accepted request for Fleek Services via the Fleek Platform, subject to Fleek’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Fleek shall have no right to require you to: (a) display Fleek’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Fleek’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Fleek Services or otherwise engage in other business or employment activities.
In addition to connecting Customers with Providers, the Fleek Platform may enable Users to provide or receive services from other third parties. For example, Users may be able to use the Fleek Platform to purchase products or obtain financial services provided by third parties (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Fleek Platform, you authorize Fleek to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Fleek is not responsible and may not be held liable for the Other Services or the actions or omissions of the third-party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Fleek Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of Pennsylvania without regard to choice of law principles. This choice of law provision is only intended to specify the use of Pennsylvania law to interpret this Agreement and is not intended to create any other substantive right to non- Pennsylvanians to assert claims under Pennsylvania law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non- binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Fleek, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Fleek shall be given by certified mail, postage prepaid and return receipt requested to Fleek, 610 Old York Rd, Suite 400 Jenkintown, PA 19119. Any notices to you shall be provided to you through the Fleek Platform or given to you via the email address or physical you provide to Fleek during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Fleek with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Fleek Platform or Fleek Services, please contact us through ContactUs@FleekServices.com.