In order to provide services using the Class for the Mass software, you must consent to and pass a background check conducted by one of our third-party providers.

HOW DOES IT WORK?

One of our third party background check organizations will contact you using the email you provided when registering.  Please provide them with the requested information so they can complete the background check in a timely manner.

HOW LONG DOES IT TAKE?

The background check usually takes 5  business days to process. This can vary depending on things like turnaround time of local courts, how long you’ve held your driver’s license, or if you’ve recently moved.

Background check results and status information will be communicated to you via email.

TERMS AND CONDITIONS OF USE

PART I – Specific to customers           

 

1. CONTRACTUAL RELATIONSHIP

These Terms of Use ("Terms") govern the access or use by you, an individual (Consumer), from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by Class for the Mass and its subsidiaries, DBAs and affiliates (collectively, "CFM").

PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In these Terms, the words "including" and "include" mean "including, but not limited to."

Your access and use of the Services constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and CFM. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. CFM may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on ClassfortheMass.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.

CFM may amend the Terms related to the Services from time to time. Amendments will be effective upon CFM's posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service(s). Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in CFM’s Privacy Policy located at the link on this app.

 

2. THE SERVICES

The Services constitute a technology platform that enables users of CFM's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule  services with third party providers of such services, including independent third party service providers and third party service providers under agreement with CFM or certain of CFM's affiliates ("Third Party Providers"). Unless otherwise agreed by CFM in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.

 

LICENSE.

Subject to your compliance with these Terms, CFM grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by CFM and CFM's licensors.

 

 

RESTRICTIONS.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by CFM; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

PROVISION OF THE SERVICES.

You acknowledge that portions of the Services may be made available under CFM's various brands or request options associated with service providers. You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of CFM's subsidiaries and affiliates; or (ii) independent Third Party Providers.

 

THIRD PARTY SERVICES AND CONTENT.

The Services may be made available or accessed in connection with third party services and content (including advertising) that CFM does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. CFM does not endorse such third party services and content and in no event shall CFM be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

 

OWNERSHIP.

The Services and all rights therein are and shall remain CFM's property or the property of CFM's licensors. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner CFM's company names, logos, product and service names, trademarks or services marks or those of CFM's licensors.

 

3. YOUR USE OF THE SERVICES

 

USER ACCOUNTS.

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to CFM certain personal information, such as your name, address, mobile phone number and age, as well as have a PayPal.com account. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or CFM’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by CFM in writing, you may only possess one Account.

 

USER REQUIREMENTS AND CONDUCT.

The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive services from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

 

TEXT MESSAGING.

By creating an Account, you agree that the Services may send you informational text (SMS) messages as part of the normal business operation of your use of the Services.

 

PROMOTIONAL CODES.

CFM may, in CFM's sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that CFM establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by CFM; (iii) may be disabled by CFM at any time for any reason without liability to CFM; (iv) may only be used pursuant to the specific terms that CFM establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. CFM reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that CFM determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

 

USER PROVIDED CONTENT.

CFM may, in CFM’'s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to CFM through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by you remains your property. However, by providing User Content to CFM, you grant CFM a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and CFM's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant CFMthe license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor CFM’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CFM in its sole discretion, whether or not such material may be protected by law. CFM may, but shall not be obligated to, review, monitor, or remove User Content, at CFM’s sole discretion and at any time and for any reason, without notice to you.

 

 

 

NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. CFM does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

4. PAYMENT

You understand that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider ("Charges"). After you have received services or goods obtained through your use of the Service, CFM will facilitate your payment of the applicable Charges on behalf of PayPal.  Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of expenses of the provider approved by you, and of applicable taxes where required by law, Charges paid by you are final and non-refundable, unless otherwise determined by CFM. You retain the right to request lower Charges from a Third Party Provider for services or goods received by you from such Third Party Provider at the time you receive such services or goods. CFM will respond accordingly to any request from a Third Party Provider to modify the Charges for a particular service or good.

All Charges are due immediately and payment will be facilitated by CFM using PayPal  after which CFM will post the payment in the payment tab under your profile. You will receive an email detailing the service cost and applicable taxes from Paypal.  If your PayPal Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that CFM may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in your Account, if available.

As between you and CFM, CFM reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in CFM’s sole discretion. Further, you acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand. CFM will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. CFM may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case you may be charged a cancellation fee of one hour of service plus any expenses incurred by the provider.

This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. CFM does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. Any representation by CFM (on CFM’s website, in the Application, or in CFM’s marketing materials) to the effect that tipping is "voluntary," "not required," and/or "included" in the payments you make for services or goods provided is not intended to suggest that CFM provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.  The current rate for a provider is specified in the Provider Service Agreement that you must agree to before service can be performed.

The current price for services is specified in the applicable Service Contract that must be approved before service can be performed. 

 

REPAIR OR CLEANING FEES.

Third Party providers shall be responsible for the cost of repair for damage to, or necessary cleaning of, any property resulting from use of the Services under your Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that you report the need for Repair or Cleaning, and such Repair or Cleaning request is verified by CFM in CFM’s reasonable discretion, CFM reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the Third Party Provider and provide payment to you.

 

5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY.

DISCLAIMER.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." CFM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CFM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CFM DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. 

LIMITATION OF LIABILITY.

CFM SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFM SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF CFM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CFM SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND CFM’S REASONABLE CONTROL. IN NO EVENT SHALL CFM’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

CFM’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT CFM HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.  CFM LICENSES IT'S SOFTWARE TO SERVICE PROVIDERS, WHO PERFORM THE AGREED TO SERVICES.  CFM IS NOT RESPONSIBLE FOR ANY PROBLEMS RESULTING FROM THE SERVICES OR ANY ACTS OF THE SERVICE PROVIDERS.

 

INDEMNITY.

You agree to indemnify and hold CFM and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) CFM’s use of your User Content; or (iv) your violation of the rights of any third party, including Third Party Providers.

 

6. DISPUTE RESOLUTION

ARBITRATION.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and CFM, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CFM are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and CFM otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

 

ARBITRATION RULES AND GOVERNING LAW.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

ARBITRATION PROCESS.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa and a separate form for California residents at www.adr.org/aaa) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

ARBITRATION LOCATION AND PROCEDURE.

Unless you and CFM otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CFM submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

ARBITRATOR'S DECISION.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. CFM will not seek, and hereby waives all rights CFM may have under applicable law to recover, attorneys' fees and expenses if CFM prevail in arbitration.

 

FEES.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

CHANGES.

Notwithstanding the provisions of the modification-related provisions above, if CFM changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing CFM written notice of such rejection by mail or hand delivery to: Class for the Mass, Attn: Dispute Resolutions, 1313 Bulrush Court, Carlsbad CA, 92011 or by email from the email address associated with your Account to: ClassfortheMass.com within 30 days of the date such change became effective, as indicated in the "Last update" date above. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and CFM  in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

 

7. OTHER PROVISIONS

CHOICE OF LAW.

These Terms are governed by and construed in accordance with the laws of the State of California, U.S.A., without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

 

CLAIMS OF COPYRIGHT INFRINGEMENT.

Claims of copyright infringement should be sent to CFM’s designated agent at 1313 Bulrush Court, Carlsbad CA, 92011.

 

NOTICE.

CFM may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to CFM, with such notice deemed given when received by CFM, at any time by first class mail or pre-paid post to Class for the Mass, Attn: User Notices - Legal, 1313 Bulrush Court, Carlsbad CA 92011.

 

GENERAL.

You may not assign these Terms without CFM’s prior written approval. CFM may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of CFM’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, CFM or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. CFM’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by CFM in writing. 

These terms of use are augmented by the service agreements of the provider.  When arranging for services of a provider, these service agreements are presented for you acceptance. 

 

 

PART II – Specific to INDEPENDENT SERVICE PROVIDERS

 

1. INDEPENDENT SERVICE PROVIDER AGREEMENT

This Agreement ("Agreement") is made and entered into by and between you, the undersigned service provider ("SERVICE PROVIDER"), an independent service provider engaged in the business of performing the chef and concierge services contemplated by this Agreement, and Class for the Mass, Inc. ("CFM" or "COMPANY"). This Agreement will become effective on the date it is digitally signed.

 

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION XI, AS IT REQUIRES THE PARTIES (UNLESS YOU OPT OUT OF ARBITRATION AS PROVIDED BELOW) TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS, TO THE FULLEST EXTENT PERMITTED BY LAW, THROUGH FINAL AND BINDING ARBITRATION. BY DIGITALLY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THE TERMS, INCLUDING SECTION XI, AND HAVE TAKEN THE TIME AND SOUGHT ANY ASSISTANCE NEEDED TO COMPREHEND THE CONSEQUENCES OF SIGNING THIS AGREEMENT.

THE PARTIES

 

CFM is a company that provides an online marketplace connection using web-based technology that connects independent service providers and consumers ("CFM platform" or "platform"). CFM's software permits registered users to have chef and concierge services done in a specified location. Once such services are requested, CFM software notifies SERVICE PROVIDERs that an assignment opportunity is available and the CFM software facilitates execution of the service. CFM is not a restaurant, food delivery service, or food preparation business.

SERVICE PROVIDER is an independent provider of personal chef and personal concierge services, authorized to conduct the chef and concierge services contemplated by this Agreement in the geographic location(s) in which SERVICE PROVIDER operates. SERVICE PROVIDER possesses all equipment and personnel necessary to perform the services contemplated by this Agreement in accordance with applicable laws. SERVICE PROVIDER desires to enter into this Agreement for the right to receive service opportunities made available through CFM'S platform. SERVICE PROVIDER understands and expressly agrees that he/she is not an employee of CFM and that he/she is providing  services on behalf of him/herself and his/her business, not on behalf of CFM. SERVICE PROVIDER understands (i) he/she is free to select those times he/she wishes to be available on the platform to receive service opportunities; (ii) he/she is free to accept or reject the opportunities transmitted through the CFM platform by consumers, and can make such decisions to maximize his/her opportunity to profit; and (iii) he/she has the sole right to control the manner in which services are performed and the means by which those services are completed.

In consideration of the above, as well as the mutual promises described herein, CFM and SERVICE PROVIDER (collectively "the parties") agree as follows:

 

2.0  PURPOSE OF THE AGREEMENT

This Agreement governs the relationship between CFM and SERVICE PROVIDER, and establishes the parties' respective rights and obligations. In exchange for the promises contained in this Agreement, SERVICE PROVIDER shall have the right and obligation to perform the "Contracted Services" as defined herein. However, nothing in this Agreement requires SERVICE PROVIDER to perform any particular volume of Contracted Services during the term of this Agreement, and nothing in this Agreement shall guarantee SERVICE PROVIDER any particular volume of business for any particular time period.

 

SERVICE PROVIDER shall have no obligation to accept or perform any particular "Service Opportunity" (as that term is defined herein) offered by CFM. However, once a Service Opportunity is accepted and confirmed, SERVICE PROVIDER shall be contractually bound to complete the Contracted Services in accordance with all consumer specifications and the terms laid out in this Agreement and in the Service agreement accepted by the consumer, except if the SERVICE PROVIDER deems the location or the Consumer to be a mental or physical threat to the SERVICE PROVIDER.

 

3.0 SERVICE PROVIDER'S OPERATIONS

SERVICE PROVIDER represents that he/she operates an independently established enterprise that provides chef or concierge services, and that he/she satisfies all legal requirements necessary to perform the services contemplated by this Agreement. As an independent SERVICE PROVIDER/enterprise, SERVICE PROVIDER shall be solely responsible for determining how to operate his/her business and how to perform the Contracted Services.

 

SERVICE PROVIDER agrees to fully perform the Contracted Services in a timely, efficient, safe, and lawful manner. CFM shall have no right to, and shall not, control the manner, method or means SERVICE PROVIDER uses to perform the Contracted Services. Instead, SERVICE PROVIDER shall be solely responsible for determining the most effective, efficient, and safe manner to perform the Contracted Services. As an independent business enterprise, SERVICE PROVIDER retains the right to perform services for others and to hold him/herself out to the general public as a separately established business. The parties recognize that they are or may be engaged in similar arrangements with others and nothing in this Agreement shall prevent SERVICE PROVIDER or CFM from doing business with others. CFM does not have the right to restrict SERVICE PROVIDER from performing services for other businesses, customers or consumers at any time, even if such business directly competes with CFM, and even during the time SERVICE PROVIDER is logged into the CFM platform, except as restricted in the non-solicitation clauses of this agreement.

 

SERVICE PROVIDER is not required to purchase, lease, or rent any products, equipment or services from CFM as a condition of doing business with CFM or entering into this Agreement.

SERVICE PROVIDER agrees to use an Apple iPhone in executing services.  Such phone must have an iOS version as required by CFM to perform said services.

 

SERVICE PROVIDER agrees to immediately notify CFM in writing at customersupport@classforthemass.com  if SERVICE PROVIDER's right to control the manner or method he/she uses to perform services differs from the terms contemplated in this Section.

 

4.CONTRACTED SERVICES

From time to time, the CFM platform will notify SERVICE PROVIDER of the opportunity to complete services to consumers in accordance with orders placed by consumers through the CFM platform (each of these is referred to as a "Service Opportunity"). For each Service, SERVICE PROVIDER shall perform chef and concierge services in a safe and timely fashion. SERVICE PROVIDER understands and agrees that the parameters of each Contracted Service are established by the consumer, not CFM, and represent the end result desired, not the means by which SERVICE PROVIDER is to accomplish the result, consistent with CFM service agreements. SERVICE PROVIDER has the right to cancel, from time to time, a Contracted Service when, in the exercise of SERVICE PROVIDER's reasonable discretion and business judgment, it is appropriate to do so. Notwithstanding the foregoing, SERVICE PROVIDER agrees to maintain both a customer rating and a completion rate  as determined by CFM as of the date this Agreement becomes effective. Failure to satisfy this obligation constitutes a material breach of this Agreement, and CFM shall have the right to terminate this Agreement and/or deactivate SERVICE PROVIDER'S account.

 

SERVICE PROVIDER acknowledges that CFM has discretion as to which, if any, Service Opportunity to offer, just as SERVICE PROVIDER has the discretion whether and to what extent to accept any Service Opportunity.

 

SERVICE PROVIDER authorizes CFM, during the course of a Contracted Service, to communicate with SERVICE PROVIDER and consumer, to assist SERVICE PROVIDER, to the extent permitted by SERVICE PROVIDER, in facilitating services. However, under no circumstances shall CFM be authorized to control the manner or means by which SERVICE PROVIDER performs delivery services, except as guided by the CFM application software.

 

SERVICE PROVIDER may use whatever payment method he/she chooses to purchase items that are part of the services to be delivered to consumers , including, but not limited to SERVICE PROVIDER's personal credit or debit card, cash or a prepaid card. SERVICE PROVIDER may use, for SERVICE PROVIDER's convenience, the prepaid card solely for purchasing items to be delivered to consumers. If SERVICE PROVIDER chooses to use his/her personal credit or debit card or cash, SERVICE PROVIDER shall provide consumer with receipts that are to approved by consumer, and CFM will reimburse SERVICE PROVIDER for any such purchases.

 

In the event SERVICE PROVIDER fails to fully perform any Contracted Service (a "Service Failure") due to SERVICE PROVIDER's action or omission, SERVICE PROVIDER shall forfeit all or part of the agreed upon fee for that service. If SERVICE PROVIDER disputes responsibility for a Service Failure, the dispute shall be resolved pursuant to the "Payment Disputes" provision below.

 

SERVICE PROVIDER agrees to immediately notify CFM in writing at classforthemass.com if SERVICE PROVIDER's services or scope of work differ in any way from what is contemplated in this Section.

 

5. TEXT MESSAGING.

By creating an Account, SERVICE PROVIDER agrees that the Services may send SERVICE PROVIDER informational text (SMS) messages as part of the normal business operation of SERVICE PROVIDER’S use of the Services.

 

6. RESTRICTIONS.

SERVICE PROVIDER may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by CFM; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

7. USER PROVIDED CONTENT.

CFM may, in CFM’'s sole discretion, permit SERVICE PROVIDER from time to time to submit, upload, publish or otherwise make available to CFM through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by SERVICE PROVIDER remains your property. However, by providing User Content to CFM, SERVICE PROVIDER grants CFM a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and CFM's business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to SERVICE PROVIDER or any other person or entity.

SERVICE PROVIDER represents and warrant that: (i) SERVICE PROVIDER either is the sole and exclusive owner of all User Content or SERVICE PROVIDER has all rights, licenses, consents and releases necessary to grant CFM the license to the User Content as set forth above; and (ii) neither the User Content nor SERVICE PROVIDER submission, uploading, publishing or otherwise making available of such User Content nor CFM’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

SERVICE PROVIDER agrees to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by CFM in its sole discretion, whether or not such material may be protected by law. CFM may, but shall not be obligated to, review, monitor, or remove User Content, at CFM’s sole discretion and at any time and for any reason, without notice to SERVICE PROVIDER.

 

8. NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible iPhone hardware or devices necessary to access and use the Services and Applications and any updates thereto. CFM does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

 

9. REPAIR OR CLEANING FEES.

SERVICE PROVIDERS shall be responsible for the cost of repair for damage to, or necessary cleaning of, any property resulting from use of the Services under SERVICE PROVIDER’S Account in excess of normal "wear and tear" damages and necessary cleaning ("Repair or Cleaning"). In the event that customer reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by CFM in CFM’s reasonable discretion, CFM reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on by deducting such costs from payments due to SERVICE PROVIDER.

 

10. RELATIONSHIP OF PARTIES

The parties acknowledge and agree that this Agreement is between two co-equal, independent business enterprises that are separately owned and operated. The parties intend this Agreement to create the relationship of principal and independent SERVICE PROVIDER and not that of employer and employee. The parties are not employees, agents, joint venturers, or partners of each other for any purpose. Neither party shall have the right to bind the other by contract or otherwise except as specifically provided in this Agreement.

CFM shall not have the right to, and shall not, control the manner or the method of accomplishing Contracted Services to be performed by SERVICE PROVIDER. The parties acknowledge and agree that those provisions of the Agreement reserving ultimate authority in CFM have been inserted solely for the safety of consumers and other SERVICE PROVIDERS using the CFM platform or to achieve compliance with federal, state, or local laws, regulations, and interpretations thereof.

CFM shall report all payments made to SERVICE PROVIDER on a calendar year basis using an appropriate IRS Form 1099, if the volume of payments to SERVICE PROVIDER qualify. SERVICE PROVIDER agrees to report all such payments and any cash gratuities to the appropriate federal, state and local taxing authorities.

 

 

 

11. PAYMENT FOR SERVICES

Unless notified otherwise by CFM in writing or except as provided herein, SERVICE PROVIDER will receive payment per accurate Contracted Service completed in the amount listed in the payment schedule in Addendum A. From time to time, CFM may offer opportunities for SERVICE PROVIDER to earn more money for performing Contracted Services at specified times or in specified locations. Nothing prevents the parties from negotiating a different rate of pay, and SERVICE PROVIDER is free to accept or deny any such opportunities to earn different rates of pay.

Any gratuities between the consumer and the SERVICE PROVIDER are solely between the consumer and SERVICE PROVIDER.  CSM will not be involved in the gratuity transaction.

CFM will process payments made by consumers and transmit to SERVICE PROVIDER via direct deposit on a weekly basis unless it notifies SERVICE PROVIDER otherwise in writing.

From time to time, CFM may offer various promotions or referral programs. SERVICE PROVIDER agrees that he or she will not manipulate or abuse the referral programs or promotions.. SERVICE PROVIDER understands that engaging in any type of manipulation or abuse constitutes a material breach of this Agreement and may lead to deactivation of his or her account.

 

12. PAYMENT DISPUTES

SERVICE PROVIDER's Failure: In the event there is a Service Failure, SERVICE PROVIDER shall not be entitled to payment as described above (as determined in CFM's reasonable discretion). Any withholding of payment shall be based upon proof provided by the consumer or CFM software. SERVICE PROVIDER, and any other party with information relevant to the dispute. CFM shall make the initial determination as to whether a Service Failure was the result of SERVICE PROVIDER's action/omission. SERVICE PROVIDER shall have the right to challenge CFM's determination through any legal means contemplated by this Agreement; however, SERVICE PROVIDER shall notify CFM in writing at Customersupport@classforthemass.com of the challenge and provide CFM the opportunity to resolve the dispute. SERVICE PROVIDER should include any documents or other information in support of his/her challenge.

CFM's Failure: In the event CFM fails to remit payment in a timely or accurate manner, SERVICE PROVIDER shall have the right to seek proper payment by any legal means contemplated by this Agreement and, should SERVICE PROVIDER prevail, shall be entitled to recover reasonable costs incurred in pursuing proper payment, provided, however, SERVICE PROVIDER shall first inform CFM in writing at ClassfortheMass.com of the failure and provide a reasonable opportunity to cure it.

 

13. EQUIPMENT AND EXPENSES

SERVICE PROVIDER represents that he/she has or can lawfully acquire all equipment, including iPhones, vehicles and ("Equipment") necessary for performing contracted services, and SERVICE PROVIDER is solely responsible for ensuring that the vehicle used conforms to all vehicle laws pertaining to safety, equipment, inspection, and operational capability.

SERVICE PROVIDER agrees that he/she is responsible for all costs and expenses arising from SERVICE PROVIDER's performance of Contracted Services, including, but not limited to, costs related to SERVICE PROVIDER's Personnel (defined below) and Equipment. Except as otherwise required by law, SERVICE PROVIDER assumes all risk of damage or loss to its Equipment.

 

14. PERSONNEL

In order to perform any Contracted Services, SERVICE PROVIDER must, for the safety of consumers on the CFM platform, pass a background check administered by a third-party vendor, subject to SERVICE PROVIDER's lawful consent. SERVICE PROVIDER is not required to perform any Contracted Services personally, but may, to the extent permitted by law and subject to the terms of this Agreement, hire or engage others (as employees or subcontractors of SERVICE PROVIDER) to perform all or some of the Contracted Services, provided any such employees or subcontractors meet all the requirements applicable to SERVICE PROVIDER including, but not limited to, the background check requirements that SERVICE PROVIDER must meet in order to perform Contracted Services. To the extent SERVICE PROVIDER furnishes his/her own employees or subcontractors (collectively "Personnel"), SERVICE PROVIDER shall be solely responsible for the direction and control of the Personnel it uses to perform all Contracted Services.

SERVICE PROVIDER assumes full and sole responsibility for the payment of all amounts due to his/her Personnel for work performed in relation to this Agreement, including all wages, benefits and expenses, if any, and for all required state and federal income tax withholdings, unemployment insurance contributions, and social security taxes as to SERVICE PROVIDER and all Personnel employed by SERVICE PROVIDER in the performance of Contracted Services under this Agreement. CFM shall have no responsibility for any wages, benefits, expenses, or other payments due SERVICE PROVIDER's Personnel, nor for income tax withholding, social security, unemployment insurance contributions, or other payroll taxes relating to SERVICE PROVIDER or his/her Personnel. Neither SERVICE PROVIDER nor his/her Personnel shall receive any wages, including vacation pay or holiday pay, from CFM, nor shall they participate in or receive any other benefits, if any, available to CFM's employees

Unless mandated by law, CFM shall have no authority to withhold state or federal income taxes, social security taxes, unemployment insurance taxes/contributions, or any other local, state or federal tax on behalf of SERVICE PROVIDER or his/her Personnel.

SERVICE PROVIDER and his/her Personnel shall not be required to wear a uniform or other clothing of any type bearing CFM's name or logo, except as mutually agreed to wear such items bearing CFM’s name or logo.

If SERVICE PROVIDER uses the services of any Personnel to perform the Contracted Services, SERVICE PROVIDER's Personnel must satisfy and comply with all of the terms of this Agreement, which SERVICE PROVIDER must make enforceable by written agreement between SERVICE PROVIDER and such Personnel. A copy of such written agreement must be provided to CFM at least 7 days in advance of such Personnel performing the Contracted Services. The parties acknowledge that the sole purpose of this requirement is to ensure SERVICE PROVIDER's compliance with the terms of this Agreement.

 

 

15. INSURANCE

SERVICE PROVIDER agrees, as a condition of doing business with CFM, that during the term of this Agreement, SERVICE PROVIDER will maintain current insurance (including liability insurance), in amounts and of types required by law to provide the Contracted Services, at his/her own expense. SERVICE PROVIDER acknowledges that failure to secure or maintain satisfactory insurance coverage shall be deemed a material breach of this Agreement and shall result in the termination of the Agreement and the loss of SERVICE PROVIDER's right to receive Delivery Opportunities.

NOTIFICATION OF COVERAGE: SERVICE PROVIDER agrees to deliver to CFM or customer, upon request, current certificates of insurance as proof of coverage. SERVICE PROVIDER agrees to provide updated certificates each time SERVICE PROVIDER purchases, renews, or alters SERVICE PROVIDER's insurance coverage. SERVICE PROVIDER agrees to give CFM at least thirty (30) days' prior written notice before cancellation of any insurance policy required by this Agreement.

WORKERS' COMPENSATION/OCCUPATIONAL ACCIDENT INSURANCE: SERVICE PROVIDER agrees that SERVICE PROVIDER will not be eligible for workers' compensation benefits through CFM, and instead, will be responsible for providing SERVICE PROVIDER's own workers' compensation insurance or occupational accident insurance, if permitted by law.

 

16. INDEMNITY

CFM agrees to indemnify, protect and hold harmless SERVICE PROVIDER from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly from CFM's actions arranging and offering the Contracted Services to SERVICE PROVIDER.

SERVICE PROVIDER agrees to indemnify, protect and hold harmless CFM, including all parent, subsidiary and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all claims, demands, damages, suits, losses, liabilities and causes of action arising directly or indirectly from, as a result of or in connection with, the actions of SERVICE PROVIDER and/or his/her Personnel arising from the performance of delivery services under this Agreement, including personal injury or death to any person (including to SERVICE PROVIDER and/or his/her Personnel), as well as any liability arising from SERVICE PROVIDER's failure to comply with the terms of this Agreement. SERVICE PROVIDER's obligations hereunder shall include the cost of defense, including attorneys' fees, as well as the payment of any final judgment rendered against or settlement agreed upon by CFM or its parent, subsidiary and/or affiliated companies.

SERVICE PROVIDER agrees to indemnify, protect and hold harmless CFM, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from any and all tax liabilities and responsibilities for payment of all federal, state and local taxes, including, but not limited to all payroll taxes, self-employment taxes, workers compensation premiums, and any contributions imposed or required under federal, state and local laws, with respect to SERVICE PROVIDER and SERVICE PROVIDER's Personnel.

SERVICE PROVIDER shall be responsible for, indemnify and hold harmless CFM, including all parent, subsidiary, and/or affiliated companies, as well as its and their past and present successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees, from all costs of SERVICE PROVIDER's business, including, but not limited to, the expense and responsibility for any and all applicable insurance, local, state or federal licenses, permits, taxes, and assessments of any and all regulatory agencies, boards or municipalities.

 

17. SAFETY

THE PROVIDER IS SOLELY RESPONSIBLE FOR HIS/HER SAFETY WHILE PERFORMING SERVICES. IF A PROVIDER HAS ANY CONCERN ABOUT SAFETY IN AN ASSIGNMENT, THE PROVIDER SHOULD EXIT THE LOCATION AS SOON AS POSSIBLE.

 

18. NON-SOLICITATION CLAUSE

This Non-SOLICITATION Agreement (this "Agreement") is made effective as of __the date the SERVICE PROVIDER becomes an independent SERVICE PROVIDER of Class for the Mass (CFM)  by and between Class for the Mass, and SERVICE PROVIDERs.  

Given that CFM SERVICE PROVIDERs have access to clients through his relationship as an independent SERVICE PROVIDER of CFM, the following clauses apply:

 

NON-SOLICITATION COVENANT. For a period of one year after the effective date of this Agreement, SERVICE PROVIDER will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to, any customer or client of Class for the Mass, nor shall SERVICE PROVIDER use Class for the Mass's existing client's demographic and confidential information to solicit and provide quotes and/or transfer business to any competing entity. Further, for a period of two years after the effective date of this Agreement, SERVICE PROVIDER will not directly or indirectly solicit, induce or attempt to induce any employee of Class for the Mass to terminate his or her employment with Class for the Mass.

 

CONDITION OF EMPLOYMENT. In consideration of the commitments and obligations made by SERVICE PROVIDER, SERVICE PROVIDER and Class for the Mass agree that the execution of this agreement is a condition of this overall agreement between  SERVICE PROVIDER and Class for the Mass.

 

CONFIDENTIALITY. SERVICE PROVIDER will not at any time or in any manner, either directly or indirectly, use for the personal benefit of SERVICE PROVIDER, or divulge, disclose, or communicate in any manner any information that is proprietary to Class for the Mass. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential. SERVICE PROVIDER will protect such information and treat it as strictly confidential. The obligation of SERVICE PROVIDER not to disclose confidential information shall continue for a period of two years after the effective date of this Agreement. Within fifteen days after receiving a written request, SERVICE PROVIDER will return to Class for the Mass all records, notes, documentation and other items that were used, created, or controlled by SERVICE PROVIDER.

 

SEVERABILITY. The parties have attempted to limit the non-compete provision so that it applies only to the extent necessary to protect legitimate business and property interests. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

INJUNCTION. It is agreed that if SERVICE PROVIDER violates the terms of this Agreement irreparable harm will occur, and money damages will be insufficient to compensate Class for the Mass. Therefore, Class for the Mass will be entitled to seek injunctive relief (i.e., a court order that requires SERVICE PROVIDER to comply with this Agreement) to enforce the terms of this Agreement. The prevailing party shall have the right to collect from the other party its reasonable costs and necessary disbursements and attorneys' fees incurred in enforcing this Agreement.

 

19. DISPUTE RESOLUTION

ARBITRATION.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and CFM, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and CFM are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and CFM otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

 

ARBITRATION RULES AND GOVERNING LAW.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

 

ARBITRATION PROCESS.

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

 

ARBITRATION LOCATION AND PROCEDURE.

Unless you and CFM otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and CFM submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

 

 

 

ARBITRATOR'S DECISION.

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. CFM will not seek, and hereby waives all rights CFM may have under applicable law to recover, attorneys' fees and expenses if CFM prevail in arbitration.

 

FEES.

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

 

CHANGE