UTZO Customer Terms and Conditions
Last Updated: Sep 01, 2018
Welcome to UTZO This Agreement ("Agreement") governs your relationship with UTZO, Inc. In
this Agreement, we will refer to you, the Customer, Consumer, Home Owner, Tenant or Renter
and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as
"YOU," "CUSTOMER," "Service Receiver" “Service Requester” ”SR” as an Individual or Company Employee, Belong to a Residential Or Commercial Body or Entity or "member" and to UTZO, Inc. and its employees and agents as "we" or "us" or "UTZO." Other UTZO Users, Customers, Consumers who have joined UTZO's network are referred to in this Agreement as "Service Requestors," "SRs," or "members." Unless otherwise stated, all terms and conditions set forth in this Agreement that apply generally to Customers also apply to and bind you.
References herein to the UTZO "Website" include any and all websites now, or hereafter, owned
or operated by UTZO. These Terms & Conditions are available at
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION
PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED
IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND UTZO HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST UTZO 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 SERVICE TECHNICIAN / SERVICE COMPANY, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions) 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 UTZO
ACCEPTANCE OF THESE TERMS
ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the
Platform made available by UTZO or through UTZO and the entirety of your relationship with
UTZO. PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. AS DETAILED IN THE ELIGIBILITY, SERVICE PROVIDER REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM SECTION BELOW.
"Collective Content" means User Content and UTZO Content together
"Content" means text, graphics, images, music, software, audio, video, information or other materials, including but not limited to profile information, Direct Connect requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Costumer / Consumer" means a Member who is registered to create service request, locates nearest available service providers, receive quotes for Direct Connect, requests quotes for Direct Connect, or otherwise uses the Platform to receive, pay for, review, or facilitate the receipt of Direct Connect.
"Member" means a person who completes UTZO's account registration process or a person who submits or receives a request through UTZO, including but not limited to Service Providers and Costumer / Consumers.
"UTZO Platform" means all UTZO websites, mobile or other applications, software, processes and any other services provided by or through UTZO.
"Direct Connect" means the leads, service requests, services listed, quoted, scheduled, offered or provided by Service Providers, or sought, scheduled or received by Costumer / Consumers, through UTZO Platform.
"Service Provider" means a Member who is registered to send quotes, receives service requests, service leads, for Direct Connect, sends quotes for Direct Connect, or otherwise uses the Platform to offer, provide, receive payment for, or facilitate the provision of Direct Connect.
"UTZO Content" means all Content UTZO makes available on or through the UTZO Platform,
including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any Member or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, and payments made through the Platform, but excluding UTZO Content and Feedback.
The UTZO Platform provides a residential or commercial marketplace where
persons the (“Customers”) who want a residential or commercial service repair,
installation or replacement, addition done can be matched with nearest, highly
ranked service providers (“Service Technicians / Service Companies”) who are
available, certified, screened, qualified to perform those tasks. UTZO Platform
connects customers with service providers in real time and once a service provider
is connected a drive route is displayed on customer devices with current location,
ETA “Estimated Time of Arrival”, distance left from service provider current location
to customer’s service location. UTZO Platform provides the technology to locate
nearest available service providers matching customer’s service request by one
click before creating a service request and puts any one en-route.
Service Technicians / Service Companies and Customers are collectively referred to herein as “Users,” and each User shall create an approved and verified User
Account that enables access to the UTZO Platform. For purposes of this
Agreement, the improvement, repair, replacement, installation of residential and
commercial and personal services provided by Service Technicians / Service
Companies to Customers that are matched through the UTZO Platform shall be
referred to collectively as the “Services”, “Service Request” or a “Service Lead”. Any
decision by a User to offer or accept Services is a decision made in such User’s sole
discretion. Each Service provided by an individual or company operated service
provider to a Customer shall constitute a separate agreement between such
a) Service Request or Service Leads
- At UTZO we are working day and night to get you the best platform with world class customer experience in getting in contact with Local, Nearest, Screened, Available, High Ranked, Qualified, service provider filtered by your request needs. These Service
Providers receive service requests from you the homeowners, consumers, residential
customers, property managers, insurance managers, commercial businesses, cities,
municipalities, code enforcements, water departments, sanitation departments, building
department, prime contractors, sub-contractors, specialty contractors, individuals and
other persons ("customers / consumers") expressing interest in certain services relating
to home improvement, residential and commercial improvements, specialty trade
improvements, repair, replacements, maintenance, renovations, additions, new
constructions, new installations, and all other types of tasks and projects ("service
requests / service leads").
- These service request needs from customers may be submitted directly or indirectly to
UTZO by customers via the UTZO.Com, UTZO on line Website, UTZO apps, UTZO
channels, telephone calls, third party websites, other lead generation means, or all other
means. In turn, UTZO may send service providers a communication about your service
request that contains information about what service has been requested and your
contact information (a "Lead") also called a service request, service leads. We may also
send your contact information to the service providers. Leads may also be sent to other
member Service Providers based on the category of your service request. You the
"Counter" and "Service Providers" will receive these service requests, leads via UTZO
platform the information we provide about you will be based on the information you
submit during the profile creation process (which you may amend from time to time)
and your Ratings & Reviews, and may be approved and amended by UTZO from time to
- We limit the number of Individual or company operated service providers that are
displayed to a customer. We do not guarantee to provide you any specific number of
service providers, nor do we make guarantees, representations or warranties regarding a
customervs level of interest, their desire to have work completed, their ability to pay
service providers, the accuracy of the information provided by the customers, or that any
customers will hire the service providers to perform services, nor do we guarantee that
service provider will successfully contact you. We are not involved in, nor do we have any
responsibility for your contracts with customers, their creditworthiness, or any payments
to you or any disputes they may have with you or you may have with them. UTZO is free
to contract with other Service Providers individual or company operated one or more as
this is not an exclusive contract.
- We provide customers with the ability to rate their experience working with you
Customer Ratings & Reviews powered by UTZO Review Squad. You will also have the
ability to solicit, collect and request ratings and reviews from any of your customers,
which may or may not be displayed in service provider profile pages in UTZO app or
UTZO on line portal, UTZO.Com, UTZO websites or directories in UTZO's sole discretion.
- For Customers, Individual or Company Operated Service Providers using UTZO 's “Direct Connect” Services, UTZO shall endeavor to generate click-throughs to the SP's listing and online profile page, based upon the profile information supplied by SP once a SP accepts customer’s service request. UTZO shall provide for the hosting of the SP online profile page (which may appear in the UTZO On line Portal and UTZO App and elsewhere on the Internet, however, SP is solely responsible for all content provided by SP that appears on SP's online profile page. In addition, consumers will be able to request a service on the UTZO App or online at UTZO consumer website “www.UTZO.com”. A submission of a service request by a consumer on UTZO App or on-line website shall constitute a "Direct Connect Lead." In addition, a lead will be deemed to be a Direct Connect Lead anytime a consumer is presented with your information and indicates that they desire to be connected with you (whether by clicking on "Request a Quote", “Request Now“) on UTZO App, UTZO Online Site or indicating to a UTZO representative that they would like to be connected to you, or otherwise indicates that they desire to contact you. UTZO App or UTZO on line will send Consumer Request to Nearest Available Service Providers. Any available Service Provider may accept the service request and would be in route to Costumer / Consumer.
b) Pro Locator
- You or other customers can create a service request for all residential or commercial
needs from UTZO customer app, UTZO website. You can select from hundreds and
thousands of service category items from UTZO service directory. Upon fulfilling all
required questions and request information UTZO Pro Locator will locate only available,
local, screened, qualified, matching to your needs and ready individual or company
operated service providers in real time with the Service Provider “ETA” Estimated Time of
Arrival, the location details of the service provider and the total distance from service
provider’s current location.
- The UTZO Pro Locator locates the service providers with in the defined range set from the
service location and in its radius. UTZO don’t guarantee to provide you the accurate
display of available service providers as this depends on many other sources like Google
Road Maps Apis, Third Party services and applications, your mobile device, your date
provider and other sources. If your device is behind a “VPN” Virtual Private Network, or
you are in the area where your device signals are interrupted then you might face
accuracy issues which doesn’t mean that the UTZO platform has defects or UTZO
services are not performing how they should.
c) Direct Connect
- UTZO Direct Connect connects the service provider individual or company operated once
accept customers service request. After you create a service request on UTZO Platform
UTZO Direct Connect will broadcast your service request to all available, nearest, local,
screened, qualified, matched service providers in real time while you wait on your mobile
or remote device for UTZO Platform to display most accurate results.
- Your request is broadcasted to all service providers by in app or push notifications, SMS or
Emails by UTZO Direct Connect so service providers won’t miss your service request. Once
a service provider accepts the service request, that service provider is connected to you
directly in real time without you waiting for a call back from the service providers. UTZO
Direct Connect only connects you with one service provider based upon your request. You
won’t get plenty of calls from service providers, but it is your choice to request as many
estimates you want for same service request. You don’t have to create same service
request from start.
- If no service provider accepted your service request UTZO Direct Connect will continue
broadcasting service request until a service provider accepts it. If no service provider is
available your service request will be placed in UTZO Que for be the first one to
automatically broadcast once any nearest, available, screened local service provider is
available. However, UTZO, UTZO Platform, UTZO website, UTZO Employees, UTZO Vendors
do not guarantee that we will be able to match your service needs with a Service Provider
or that there are Service Providers in your area that are either capable or willing to
complete your service needs.
d) Quick Link
- Another major tool in UTZO Platform is UTZO Quick Link. Once the service provider
accepts customer’s service request UTZO Quick Link puts the service provider en-route
to your service location which you selected at the time you created the service request.
You will get the “ETA” Estimated Time of Arrival, the distance of service provider from the
service location. UTZO Quick Link uses Google Maps where it draws a route line on your
UTZO User App between the current location of service provider and your service
location. You see the service provider moving status on your UTZO App with updated
change in ETA and distance left in real time.
- With one tap on your UTZO App you can get a very updated status of en-routed service
provider. You will always know where the service provider is, how far service provider is,
which direction service provider is going or coming from. UTZO does not guarantee that
the Service Providers will be on time for, or show up for, any such booked appointments or
Service Requests, as the Service Providers are not the employees, contractors or agents of
UTZO. UTZO is solely providing the platform to connect you with the nearest, screened,
available, approved, qualified service providers in real time.
e) Quick Reserve
- UTZO Quick Reserve makes the scheduling confirmation in real time which was never
that easy before. You can choose any date and time of any day, week or month same day
or in advance for future service requests. The process is same to create a service request
of your choice from thousands of UTZO service categories at the point where you will
submit service request also called “Request Now” you will see the option to “Schedule” a
service request. You will get option to pick desired date and time and once you submit
the service request it will be broadcasted to all available service providers and anyone
who will accept the service request will be scheduled for your requested date and time.
- Beside creating a desired schedule, you can also reschedule a scheduled service request.
Or you can reschedule an en-routed service request all happens in real time. Once you
tap reschedule you will be asked to pick any three times of any day once you pick the
desired time and submit the UTZO in-app notification will be send to the service
provider to either accept any one time from three selections or counter back service
provider’s available time. In this so on process of back and forth one time of a day is
confirmed from you and service provider all in real time without waiting for each other to
call or reply back. UTZO Quick Reserve have capability to sync service provider’s available
schedule with customer’s service request and you will only see service provider’s
available time without even asking if service provider is available on desired time. UTZO,
UTZO Quick Reserve, UTZO Platform, UTZO Apps, UTZO Website does not assume any
responsibility and guarantee that the Service Providers will be available on desired ill arrive
on time for, or show up for, any such booked appointments or service requests, as the
Service Providers are not the employees, contractors or agents of UTZO. UTZO is solely
providing the platform to facilitate scheduling of appointments between you and the
What You Agree as a Customer or Consumer
You agree to all terms of service, terms and conditions mentioned at www.utzo.com/legal/customer/termsandcond and terms and conditions of this Agreement and represent, on behalf of you, Customer, Consumer, Home Owner, Tenant or Renter and all of your d/b/a's, affiliates, agents, employees, representatives and subcontractors as "YOU," "CUSTOMER," "Service Receiver" “Service Requester” ”SR”
as an Individual or Company Employee, Belong to a Residential Or Commercial Body or Entity
or "member" and to UTZO, Inc (including any predecessor entities of your company), employees, contractors, subcontractors, and any individuals performing work on your behalf, at the time you become a UTZO User, UTZO Customer “SR”, and thereafter while this Agreement remains in effect, as follows:
- Membership in the UTZO network is available only to individuals who are at least 18
years old and can form legally binding contracts under applicable law. By applying to
join UTZO, you represent and warrant that you are eligible.
- You are qualified and capable of requesting the services like residential and commercial improvement, contracts, renovations, additions, new construction, trade, or tasks you selected on the UTZO Customer App also called UTZO App, UTZO Customer on line
portal, UTZO Websites, Customer Enrollment Form or during your Personal Profile
Interview, and any subsequent amendments you make to your Profile.
- There is no fee to join UTZO platform, UTZO App, UTZO Website. Creating a service request is free and will be always free.
- You will comply with the UTZO membership requirements as specified from time to time.
If these requirements are amended, you will be advised and must comply with any
changes immediately upon notification if no action is required on your part or within
thirty (30) days if affirmative action is required of you. We may change customer app
policies and other requirements with or without notice.
- You agree to abide by and to follow the terms of the UTZO Resolution Process, as
amended from time to time and appearing on our Website. There is a complaint section
in Customer App and Customer Web Portal where you can file a complaint again a
service provider. Our Customer Service Representatives who are also customer
complaints and concerns resolving experts will record customer statements personally.
You will cooperate with us if we attempt to facilitate the resolution of any complaints
between you and service providers; however, we are not liable to you or any service
provider if such matters cannot be resolved. If a service provider has multiple complaints
we might remove their profile d access from UTZO Apps, UTZO on line, UTZO websites, UTZO partner websites and from all our networks. You agree that we shall have the right
to disclose any and all information we have regarding you and service provider to any
authorities requesting information from us regarding any work or services those were
- If Service Provider provide any quotes or estimates to you via the UTZO Website, UTZO
App, UTZO Online, UTZO partner sites, such quotes are provided for informational
purposes only. A residential or a commercial customer cannot contract with Service
Provider via the UTZO Website, UTZO App, UTZO Online, UTZO partner sites. In the
event a customer selects Service Provider from UTZO Website, UTZO App, UTZO Online,
UTZO partner sites in response to a quote Service Provider provide (or schedules and
appointment), such selection (or appointment) is merely an indication of the customer's
interest in contacting or being contacted by Service Provider only where UTZO, UTZO
members, UTZO employees, UTZO sites, UTZO partners are not responsible for any term,
statement, words, promises, contracts, agreements made, mentioned, signed, agreed, on
such contract. Nor UTZO will engage, deal, be part or, incorporate, in any such contracts.
Further UTZO, UTZO members, UTZO employees, UTZO sites, UTZO partners will not
held responsible, liable, guilty, for any damages, loses, defects, defaults arise, happen or result in work performed on such contracts. UTZO APP and UTZO on line is only the
Platform to connect the customer / consumer with nearby service technician / service
companies hence UTZO and UTZO platform will not be liable , held responsible for any
actions, deeds, services, contracts, commitments Service Provider made to customer /
consumer / customer made to Service Provider nor will be responsible or liable for any
disputes, legal actions, mediations, complaints Service Provider or you filed or have with
customer / consumer / or customer / consumer have with Service Provider.
- By posting or providing any content on the UTZO Website, UTZO App, including but not
limited to photographs ("Content"), you represent and warrant to UTZO that you own or
have all necessary rights to use the Content, and grant to UTZO the rights granted
below. The forgoing representation includes, but is not limited to a representation and
warranty that you have own or have the necessary rights (including any necessary
releases) to grant all rights granted below in relation to any persons, places or
intellectual property pictured in any photographic Content that you provide. In addition,
if you post or otherwise provide any Content that is protected by copyright, you
represent that you have obtained any necessary permissions or releases from the
applicable copyright owner. You hereby grant UTZO and its users a perpetual,
irrevocable, non-exclusive, royalty-free, transferable, assignable, sub-licensable,
worldwide license to use, store, display, reproduce, modify, edit, abridge, crop, create
derivative works, perform, distribute, and place advertising near and adjacent to your
Content on the UTZO Website, and on any other websites owned or operated by UTZO.
Nothing in this Agreement shall restrict other legal rights UTZO may have to the
Content, for example under other licenses. UTZO reserves the right to remove or modify Content for any reason, including Content that UTZO believes violates this Agreement or
our policies. You further authorize us and our affiliates, licensees, sublicensees, and users, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now know or hereafter created) the Content, including, if
submitted, your name, voice and likeness throughout the world, and such permission
shall be perpetual and cannot be revoked for any reason. In the event your UTZO
account is terminated, or if you remove any Content from your UTZO account, UTZO and
its users may retain your Content and may continue to use any of your Content
(pursuant to the license granted above). You acknowledge and agree that any Content
you post or provide may be viewed by the general public and will not be treated as
private, proprietary or confidential. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in
any Content posted or provided by you. You will be held responsible and liable for
infringing UTZO content, Third Party’s intellectual property rights, content licenses, other content, photographic content, artwork, by any ways and means that result in all legal matters, class action lawsuits, civil and federal lawsuits, demand of damages arising in such infringements. Further UTZO employees, UTZO sites, UTZO partners will not held responsible, liable, guilty, accused of such infringements and damages, losses, fines
arising from such legal matters, settlements, class action lawsuits, civil and federal lawsuits.
- UTZO reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on UTZO Apps, UTZO Website,
UTZO Platform, if UTZO determines (in its sole discretion) that such content contains or
features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment Vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage UTZO
- With respect to Ratings and Reviews of service providers, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., "work has not started yet or work has not completed yet").
- Comments concerning a different Service Provider
- Information not related to work requested in the service request
- If a dispute arises between a customer and service provider, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service provider that has performed services for you pursuant to your applicable service request.
- You hereby grant UTZO and its users a perpetual, non-exclusive, royalty-free,
transferable, assignable, sub-licensable, worldwide license to use, store, display,
reproduce, modify, create derivative works, perform, distribute, print, publish,
disseminate and place advertising near and adjacent to your Content in any format or
media (whether now know or hereafter created) on the UTZO and apps in any manner
that we deem appropriate or necessary, including, if submitted, your name, voice and
likeness throughout the world, and such permission shall be perpetual and cannot be
revoked for any reason.
- You understand and agree that Service Request, Leads, Booked Appointments are not
guaranteed jobs, but merely consumer / customer leads, consumer / customer service
request and that service providers are obligated to pay the applicable lead fees
regardless of whether the consumer / customer hires them, or even shows up for, or
cancels, the booked appointment. However, if a consumer / customer cancels the service
request you may not be compensated a cancelation fee or amount.
- You acknowledge and agree that all of the content and information posted on the
UTZO Apps, UTZO Website, UTZO partner sites, including but not limited to Service
Provider profiles, screening information, and Service Provider Ratings & Reviews for all UTZO Service Provider members (excluding any logos or trademarked materials, or other
intellectual property of Service Providers provided by them), is the sole and exclusive
property of UTZO. You acknowledge and agree that you have no right to reproduce,
post, publish, display or otherwise use any Service Provider Ratings & Reviews (including those relating to you and your business), or any other content posted on the UTZO Website, UTZO Apps other than content provided directly by you. You represent and
warrant that all of the information you provide to UTZO, including any and all
information you include on your profile page, is true and accurate. You acknowledge that
a violation of any of the foregoing could result in significant damages, and you agree
that you are liable to UTZO for any such damages, and will indemnify UTZO in the event
of any third-party claims against UTZO based on or arising from your violation of the
foregoing. You acknowledge and agree that UTZO has the right, in its sole discretion, to
contact customers about services service providers provided to gain their feedback and
rating of you, and to display and approve such Service Provider Ratings and Reviews on
UTZO Apps, UTZO Website. UTZO is not responsible or liable to you for any comments,
ratings or communications of any kind from Service Providers that we choose to post on
our Website, UTZO Apps and UTZO Platform
- You will not engage in any illegal acts or acts of wrongdoing, dishonesty or unethical business practices with UTZO, any other customer or other third party, including, but not limited to, disclosing any user personal information to any third party. You will at all times be in full compliance with all applicable Federal, State, Provincial, local and other laws and regulations that apply to your activities. YOU ACKNOWLEDGE AND AGREE THAT TO KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A UTZO SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN) OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IS A VERY SERIOUS BREACH OF CONTRACT AND FRAUDULENT MATTER THAT COULD RESULT IN INVASION OF PRIVACY RIGHTS OR OTHERS, SIGNIFICANT COSTS AND DAMAGES TO OTHERS AND TO UTZO AND OTHER CUSTOMER MEMBERS. RESPONDING TO SUCH A VIOLATION WOULD ALSO RESULT IN THE LOSS OF TIME AND EFFORT ON THE PART OF UTZO. THERE ALSO MAY BE
REGULATORY FINES AND PENALTIES IMPOSED FOR CONTACTING CONSUMERS AND BUSINESSES IN A MANNER NOT IN ACCORDANCE WITH THE APPLICABLE LAWS AND REGULATIONS INCLUDING BUT NOT LIMITED TO FEDERAL STATE AND PROVINCIAL DO-NOT-CALL REGULATIONS AND FEDERAL STATE AND PROVINCIAL ANTI-SPAM REGULATIONS. ACCORDINGLY, IF YOU KNOWINGLY SHARE, DISTRIBUTE, TRANSFER, OR SELL A SERVICE REQUEST, OR LEAD (OR THE INFORMATION CONTAINED THEREIN)
OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO UTZO, AS SET FORTH BELOW, FOR ALL THE DAMAGES, WHETHER DIRECT OR INDIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES OR ATTORNEYS' FEES THAT MAY ARISE FROM SUCH ACTIVITIES.
- Upon using UTZO, you will be prompted to disclose certain information about yourself
and your service requirements, and you will be able to store information, such as home
services records, on our website or apps. Some of this information will be sent to Service Providers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Providers via phone, fax, email, mail, text (SMS) messaging, or other reasonable means, at any of your contact numbers or addresses, By enrolling in the UTZO network or otherwise becoming a member of UTZO, and/or by inquiring about membership in the UTZO network or other UTZO products or services, you are requesting, and you expressly consent to being contacted by us and by our agents and representatives via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, and even if you have previously opted-out from receiving marketing emails from UTZO, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account or for other purposes reasonably related to our business, including marketing related emails. You agree to sign up for at least two methods of lead notification one is push notifications and other can be either, SMS, email, automated call and acknowledge that if you do not sign up for at least two methods of lead notification, UTZO is not responsible for any delayed or undelivered service request made by customers / consumers.
You also authorize UTZO to send you an automated prerecorded call confirming your
service request, along with calls from up to four Service Providers that can help you with your request to the land-line or mobile phone number you provided, and you
understand that either UTZO or the Service Providers may use automated phone
technology (including autodialed and prerecorded messages) to call you and that your
consent is not required to purchase products or services. For complete details on our use
of your information, please see our privacy statement.
- UTZO's mobile applications, UTZO Apps, UTZO Websites, UTZO Online Adds, UTZO “Pro
Locator”, UTZO “Quick Link” UTZO “Direct Connect” UTZO “Pro Directory”, may
implement location features that, if you consent, result in automatic collection of your
geolocation information, in which case our mobile application may use such information
to allow UTZO and service providers to view and track your geographical location to
display the service provider's EN-Route Status, ETA “Estimated Time Of arrival”, Distance
from Service Location, Turn by Turn route drive line on maps on customer and company
operated devices. We may also use this location information for our internal business
purposes, and for providing and enhancing our products and services and advertising. IF
YOU WANT TO STOP THE AUTOMATIC COLLECTION OF YOUR LOCATION INFORMATION, YOU MAY DO SO BY USING THE APP SETTINGS ON YOUR DEVICE, OR BY UNINSTALLING OUR MOBILE APPLICATION. CERTAIN FEATURES, SUCH AS SAME DAY SERVICE, CUSTOMER SERVICE REQUESTS OR SERVICE LEADS, UTZO DIRECT CONNECT, UTZO PROLOCATOR, UTZO QUICK LINK WILL NOT BE AVAILABLE IF YOU OPT OUT OF UTZO LOCATION COLLECTION.
- You acknowledge and agree that your use of UTZO is for your personal use and not for advertising or commercial purposes.
- You agree not to copy/collect UTZO content via robots, software, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand).
- You may not use UTZO to recreate or compete with UTZO, to solicit or harass Service Providers, or for any other purpose not contemplated herein.
- You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to UTZO for any such damages, and will indemnify UTZO in the event of any claims against UTZO based on or arising from your violation of the foregoing.
- We reserve the right to revoke your access to any UTZO Services, products or properties at any time. All information about Service Providers is confidential and for your personal use only. If it is determined or suspected by UTZO in its sole discretion that you are misusing or attempting to misuse or circumvent the UTZO services or system, or are using or attempting to use them for any inappropriate or non-personal purposes,
including but not limited to activities such as hacking, scraping content, infiltrating,
fraud, advertising, jamming or spamming, UTZO reserves the right, in its sole discretion,
to immediately terminate your access without notice and to initiate without notice
appropriate legal actions or proceedings to seek appropriate remedies and/or damages,
including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
Modification to the Agreement
In the event UTZO modifies the terms and conditions of this Agreement, such
modifications shall be binding on you only upon your acceptance of the modified
Agreement. UTZO reserves the right to modify any information referenced in the
hyperlinks from this Agreement from time to time, and such modifications shall become
effective upon posting. Continued use of the UTZO Platform or 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 UTZO Platform may only be used by individuals who can form legally binding
contracts under applicable law. The UTZO Platform is not available to children (persons
under the age of 18) or Users who have had their User account temporarily or
permanently deactivated. By becoming a User, you represent and warrant that you are at
least 18 years old and that you have the right, authority and capacity to enter into and
abide by the terms and conditions of this Agreement. You may not allow other persons to
use your User account, and you agree that you are the sole authorized user of your
account. By accessing or using the Platform, you represent and warrant that you are
By registering or using the UTZO App, UTZO Website, UTZO Platform to offer, post or provide Direct Connect Services, Service Providers represent and warrant that they, and the employees, agents, contractors, and subcontractors who may perform work for them, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by applicable laws or regulations to which they may be subject in the jurisdiction(s) in which they offer their services and in relation to the specific job they are performing.
UTZO is not in the business of providing residential or commercial repair, replacement, addition services. Service Providers understand and agree that by creating and maintaining an account on the Platform, they receive only the ability to use the UTZO Platform to access persons interested in receiving Direct Connect Leads and related tools, including but not limited to the ability to message Costumer / Consumers or schedule appointments, that facilitate the provision of Direct Connect. Service Providers understand and agree that using the UTZO Platform does not guarantee that any UTZO users will
engage them for Direct Connect.
Service Providers understand and agree that they are users of UTZO, and are not UTZO
employees, joint ventures, partners, or agents. Service Providers acknowledge that they
set or confirm their own prices, provide their own equipment, and determine their own
work schedule. UTZO does not control, and has no right to control, the services a Service
Provider provides (including how the Service Provider provides such services) if the
Service Provider is engaged by you, except as specifically noted herein.
- Disclosed Information. You agree that by completing a service request, you are
entering into a business relationship with UTZO and/or a Service Provider and thus agree
to be contacted by UTZO and/or a Service Provider. You promise that all information you
provide (including but not limited to your contact information, and any Ratings and
Reviews of Service Providers that you provide) will be accurate, current and truthful to
the best of your knowledge. If you provide any information that is untrue, not current or
incomplete, or UTZO has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, UTZO has the right to refuse any current or future
use of the UTZO Services (or any portion thereof) by you. You are responsible for any use
of the UTZO Services by
- Disputes Between or Among Users UTZO values our Service Providers and Customers, and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help users resolve such disputes independently. In the rare event a dispute initiated by either a Service Provider or a Costumer / Consumer cannot be resolved independently, you agree, at UTZO's request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by UTZO or a neutral third-party mediator or arbitrator selected by UTZO. Notwithstanding the foregoing, you acknowledge and agree that UTZO is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.
- Force Majeure Other than payment obligations, neither UTZO nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.
- E-SIGN Consent You agree that UTZO may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, UTZO or Third-Party Vendors may also contact you by telephone or through text messages. If you have agreed to receive text messages or telephone calls from UTZO or Third-Party Vendors, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by sending an email to firstname.lastname@example.org with "Revoke Electronic Consent" in the subject line. To view and retain a copy of this disclosure or any
information regarding your enrollment in this program, you will need (a) a device (such
as a computer or mobile phone) with a web browser and Internet access; and (b) either a
printer or storage space on such device. For a free paper copy, or to update our records
of your contact information, send an email to email@example.com with contact information
and the address for delivery.
By becoming a User, you agree to receive communications from UTZO, including via
e-mail, text message, SMS, auto calls, and push notifications. You agree that texts, in app chats, calls or prerecorded messages may be generated by automatic telephone dialing
systems. Communications from UTZO, its affiliated companies and/or Service Technicians
/ Service Companies, may include but are not limited to: operational communications
concerning your User account or use of the UTZO Platform or Services, updates
concerning new and existing features on the UTZO Platform, communications concerning
promotions, blogs, articles, forms, discussions, news RSS feeds, run by us or our thirdparty partners, and news concerning UTZO and industry developments. Standard text
messaging charges applied by your cell phone carrier or other third parties will apply to
text messages we send.
By submitting a service request, you agree that UTZO and the Service Professionals may
send you informational text (SMS) messages as part of the normal business practice of
UTZO. These text (SMS) messages shall not be used for marketing purposes. You may
choose to opt-out of receiving text (SMS) messages from UTZO at any time by texting
back the word STOP to the number you received text message from using the same
mobile device that received or was receiving those texts. You acknowledge that by opting
out of receiving text (SMS) messages from UTZO and the Service Providers, your use of
UTZO Services may be impacted. UTZO and its affiliates may view, store, access and
disclose messages exchanged between you and service providers transmitted via UTZO's
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, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF
RECEIVING ALL EMAILS MAY IMPACT YOUR USE OF THE UTZO PLATFORM OR THE
SERVICES OR WOULD NOT KEEP YOU UP TO DTAE WITH LATEST NEWS AND
Service Provider Screening Process
Only the screened and a complete background checked service providers are displayed
on UTZO Platform, UTZO Apps, and UTZO Websites. All service providers on UTZO
platform carry UTZO Screening Seal. UTZO performs the following screening process
before a service provider individual or a company operated is displayed on UTZO
Platform, UTZO Apps, and UTZO Website. Only then UTZO seal of Approval and UTZO
Shield Squad will be displayed on their profiles.
- State Business Filling. We deeply check if the business is legit and is incorporated
in the State in which it is located. Same rule goes for the service providers who are
incorporated and all other Corporations and Limited Liability and Partnership
- Criminal Records. UTZO uses third party data search services to conduct a detailed criminal search, in the state in which the owner or the principal of the company is located, for any relevant criminal activity associated with the owner or the principal of the business, within the three years prior to such service provider's application for membership in the UTZO platform, UTZO apps, UTZO website and
every two years thereafter. UTZO's third-party vendor uses a national criminal
database ("NCD") to screen our service providers. the comprehensiveness of the
NCD varies by state. please be aware that the reporting in the NCD is particularly
limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE,
NV, NH, NM, SD, UT, VA, VT, AND WY. We try our best in performing the most
comprehensive and thorough criminal record and back ground search, but yet
UTZO don’t take or assume any responsibility for any information missed or not
disclosed in the search process.
- Identity Verification. UTZO verifies the “EIN” Employer Identification Number of the C or S Corporations, Limited Liability Corporations, and “SS” Social Security Numbers of Individual and Non-Corporate Service Providers to confirm their identity
- Sex Offender. UTZO conducts the sex offender search in the states in which the owner or the principal of the company is located. This search is only made based solely on the name of the owner or the principal of the individual or the
company-based service provider. UTZO does not conduct sex offender search from
owners or principal of company’s finger prints or from other states outside the
owner or principal’s state of operation and incorporation. We recommend you to
do you own ex offender search from third party websites from other states for
individuals that will perform services at your property.
- Licensing. It is the law to hire only licensed contractor for improvements at your property. UTZO undergoes the rigorous and meticulous license search for individual or company operated service providers if they carry applicable required state-level trade licensing for the services you request from UTZO Apps, UTZO
Website, UTZO Platform. Some states require the state-level licensing and some at
local authority level trade licensing. Some States might require state-level licensing
for projects above specific dollar amount and separate licensing for each trade.
Some projects require sub-contractors to perform only trades in which they are
qualified and licensed. There are also many trades in many states that do not require license or may require license if the project price exceeds certain dollar amount. UTZO gathers basic licensing information from third party resources and don’t guarantee the accuracy of such search, but we highly recommend you ask the service providers provide you with a copy of their license.
- Insurance and Bonds. UTZO only display Insured individual or company operated service providers on UTZO platform. UTZO have a defined requirement of
insurance coverage because we care for your property. Some projects require special insurance and bond requirements. You can ask the service providers to provide you with insurance and bond certificates and add you as the certificate
holder for your satisfaction.
- Civil Judgement Search. UTZO carries a punctilious search for state level civil legal judgements, liens, bankruptcy filings, court proceedings, recovery cases against owners and principal of business or individual service providers in the state in which the owner or principle of the company is located. UTZO use third party data sources to check One Year prior to service provider enrollment in UTZO network
Disclaimer.UTZO PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROVIDER APPLIES FOR MEMBERSHIP IN THE UTZO NETWORK, AND EVERY YEAR THEREAFTER, AND THEREFORE A SERVICE PROVIDER'S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN
SCREENINGS. THUS, UTZO CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. UTZO IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROVIDER'S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROVIDER YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROVIDER'S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU. THE ABOVE SCREENING CRITERIA IS NOT APPLICABLE TO COMPANY OPERATED SERVICE PROVIDERS, FRANCHISE, COMMERCIAL ACCOUNTS AND THEREFORE, UTZO DOES NOT SCREEN THE CORPORATE ACCOUNTS, COMPANY OPERATED AND CORPORATE SERVICE PROVIDERS. UTZO RECOMMENDS THAT YOU PERFORM YOUR OWN RESEARCH UPON THE SERVICE PROVIDERS YOU HIRE.
THE INDIVIDUAL OR COMPANY OPERATED SERVICE PROVIDERS POST THEIR PROFILES ON
UTZO APPS, UTZO WEBSITE, UTZO PLATFORM. UTZO DOES NOT REVIEW OR VERIFY THE
INFORMATION OR REPRESENTATIONS SET FORTH IN THOSE PROFILES, EXCEPT AS EXPRESSLY
SET FORTH ABOVE, AS THEY ARE SELF-REPORTED BY THE INDIVIDUAL OR COMPANY OPERATED
SERVICE PROVIDER. UTZO THEREFORE MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING ANY INFORMATION POSTED BY A SERVICE PROVIDER, AND ASSUMES NO LIABILITY
FOR SUCH INFORMATION.
THE ABOVE SCREENING PROCESS AND PROCEDURES MAY CHANGE FROM TIME TO TIME AT
THE SOLE DISCRETION OF UTZO. UTZO BELIEVES THAT IT USES COMMERCIALLY REASONABLE
AND AVAILABLE METHODS TO CHECK THESE MATTERS BUT DOES NOT MAKE ANY
REPRESENTATIONS OR WARRANTIES THAT MEMBERS CONTINUE TO MEET THE ABOVE
SCREENING CRITERIA AFTER THE DATE OF THEIR ENROLLMENT IN THE UTZO NETWORK. UTZO
DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION RECEIVED FROM STATE,
PROVINCIAL, LOCAL, MUNICIPAL OR OTHER GOVERNMENT AGENCIES OR FROM THIRD PARTY
SOURCES IS ACCURATE, ERROR FREE, OR THAT IT IS UP TO DATE OR UPDATED AT THE TIME
THAT UTZO CHECKS SUCH INFORMATION. MOST AGENCIES HAVE PERIODIC UPDATE CYCLES
OR SCHEDULES AND THIS INFORMATION IS NOT UPDATED ON A REAL-TIME BASIS BY SUCH
AGENCIES AND THIRD-PARTY SOURCES.
UTZO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO
THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR
PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO
ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE
SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE
INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE,
TIMELY OR ERROR FREE.
YOU HEREBY AGREE TO RELEASE UTZO, UTZO APPS, UTZO WEBSITE, UTZO PLATFORM, (UTZO OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF ABOVE SCREENING PROCESS OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS
WITH SERVICE PROVIDERS WRONGE OR FALSE FULL INFORMATION. YOU GIVE UP YOUR RIGHT TO GO TO ANY COURT TO ASSERT OR DEFFEND ANY CLAIMS BETWEEN YOU AND UTZO. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, SMALL CLAIMS OR OTHER CLASS PROCEEDING. YOUR RIGHT WILL BE DTERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
You may be able to create or log-in to your UTZO User account through online accounts
you may have with third party social networking sites (each such account, an "SNS
Account"). By connecting to UTZO through an SNS Account, you understand that UTZO
may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or
following/followed lists (the “SNS Content”)). You understand that SNS Content may be
available on and through the UTZO Platform to other Users. Unless otherwise specified in
this Agreement, all SNS Content, if any, shall be considered to be your Information.
Promotions and Referral programs
UTZO, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with UTZO. UTZO reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that UTZO 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 terms or this Agreement.
As part of your User account, UTZO may provide you with or allow you to create a “UTZO
Code,” a unique alphanumeric code for you to distribute to friends, family and other
persons (each a “Referred User”) to become new UTZO Customers (“Referred Customers”)
or Service Technicians / Service Companies (“Referred Service Technicians / Service
Companies”). UTZO Codes may only be distributed for promotional purposes and must
be given away free of charge. You may not sell, trade, or barter your UTZO Code. You are
prohibited from advertising UTZO Codes, including but not limited to: Google, Facebook,
Twitter, Bing and Craigslist and other sites. UTZO reserves the right to deactivate or
invalidate any UTZO Code at any time in UTZO ’s discretion.
From time to time, UTZO may offer you with incentives to refer new Users to the UTZO
community (the “Referral Program”). These incentives may come in the form of UTZO
Credits, and UTZO may set or change the incentive types, amounts, terms, restrictions,
and qualification requirements for any incentives in its sole discretion. Your distribution of UTZO Codes and participation in the Referral Program is subject to this Agreement and the additional referral program rules.
With respect to your use of the UTZO Platform and your participation in the Services, you agree that you will not:
- Violate any law, statute, rule, permit, ordinance or regulation;
- Interfere with or disrupt the Services or the UTZO Platform or the servers or networks connected to the UTZO Platform;
- Post Information or interact on the UTZO Platform or Services in a manner which
is false, inaccurate, misleading (directly or by omission or failure to update
information), defamatory, libelous, abusive, obscene, profane, offensive, sexually
oriented, threatening, harassing, offensive or illegal;
- Use the UTZO Platform in any way that infringes any third party’s rights, including
but not limited to: 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 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 UTZO Platform;
- “Frame” or “mirror” any part of the UTZO 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; or
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise
disassemble any portion of the UTZO Platform or any software used on or for the
- Rent, lease, lend, sell, redistribute, license or sublicense the UTZO Platform or access to any portion of the UTZO 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 UTZO
Platform or its contents;
- Link directly or indirectly to any other web sites;
- Transfer or sell your User account, password and/or identification to any other party
- Steal, copy, duplicate any code, script, designs, layout, functionality, template,
structure from the UTZO website, on line profile sites, admin site, admin
dashboards, app or other promotional sites
- 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, or
- Cause any third party to engage in the restricted activities above.
As a user of the Platform, you may not:
- Use another person's Account, misrepresent yourself or Direct Connect offered
through the Platform, misrepresent your identity or qualifications, misrepresent a
project or other information in a quote request, or post Content in any
inappropriate category or areas on the Platform;
- Use any automated system including but not limited to robots, spiders, offline
readers, scrapers to access the Platform for any purpose without UTZO's prior
written approval; provided, however, that the operators of public search engines
may use spiders or robots to copy materials from the Platform for the sole purpose
of creating publicly available searchable indices of the materials, but not caches or
archives of such material (UTZO reserves the right to revoke these exceptions
either generally or in specific cases);
- In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate Platform information or Content including but not limited to, use on a mirrored, competitive, or third-party site;
- Transmit more request messages through the Platform in a given period of time
than a human can reasonably produce in the same period by using a conventional
online web browser;
- Take any action that (a) may unreasonably encumber the Platform's infrastructure;
(b) interferes or attempts to interfere with the proper working of the Platform or
any third-party participation; (c) bypasses measures that are used to prevent or
restrict access to the Platform; (d) circumvents, disables or otherwise interferes with
security features of the Platform; (e) distributes viruses or any other technologies
that may harm UTZO or users; (f) uses the Platform in a way that violates any
copyrights, trade secrets, or other rights of any third party, including privacy or
publicity rights; or (g) circumvents or manipulates Fee (defined herein) structure,
billing, or Fees owed;
- Collect, harvest or publish any personally identifiable data including but not limited to names or other account information, from the Platform, or use the
communication systems provided by the Platform for any reason not explicitly
authorized by these Terms, including commercial solicitation purposes;
- Recruit, solicit, or contact in any form Service Providers or Costumer / Consumers
for employment or any other use not specifically intended by the Platform;
- Take any inappropriate or unlawful actions, including the submission of
inappropriate or unlawful Content to or through the Platform, including Content
that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or
discriminatory, or that advocates, promotes, or encourages inappropriate activity,
conduct that would be considered a criminal offense, or conduct that would give
rise to civil liability or violate any law;
- Violate any key UTZO policies that govern your use of the Platform and our
interactions with you and third parties;
- Submit User Content that damages the experience of any user including but not
limited to (a) requests to download non-UTZO mobile applications and/or links that direct the user to mirrored websites where the user must enter information that is redundant with what has already been entered on UTZO, (b) offers to purchase a Pro Service or any other service outside of UTZO, or (c) using a profile page or user name to promote services not offered on or through the Platform;
- Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
- Engage in fraudulent conduct including but not limited to offering to make money
transfers with intent to request a refund of any portion of the payment or soliciting
users to mail cash or use other payment methods prohibited by UTZO;
- Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
- Attempt to indirectly undertake any of the foregoing.
Customer Representations, Warranties and Agreements
Indemnification; Limitation of Liability; Disclaimer of Warranties.
By Joining and Using UTZO Platform, you represent, warrant, and agree that:
- You agree to release, defend, indemnify, and hold UTZO and its affiliates and
subsidiaries, and their respective officers, directors, employees and agents,
harmless from and against any claims, liabilities, damages, losses, and expenses,
including without limitation reasonable legal and accounting fees, arising out of or
in any way connected with (a) your access to or use of the UTZO Platform or your
violation of these Terms; (b) your User Content or the Collective Content; (c) your
interaction with any Member or user; and (d) the request or receipt or offer or
provision of UTZO Direct Connect by you, including but not limited to any injuries,
losses, or damages (compensatory, direct, incidental, consequential or otherwise)
of any kind arising in connection with UTZO Direct Connect.
- Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you
only agree to release, defend, indemnify, and hold UTZO and its affiliates and subsidiaries, and their respective officers, directors, employees and agents,
harmless from and against any third-party claims, liabilities, damages, losses, and
expenses, including without limitation reasonable legal and accounting fees, arising
out of or in any way connected with your violation of these Terms.
- If you are a California resident, you waive California Civil Code Section 1542, which provides:
- A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which if
known by him or her must have materially affected his or her settlement with the
- If you are not a California resident, you waive your rights under any statute or
common law principle similar to Section 1542 that governs your rights in the
jurisdiction of your residence.
- Call Recordings. You acknowledge and agree that UTZO, UTZO Platform and UTZO vendors may monitor and/or record any and all telephone calls between you and UTZO made with or without UTO Apps.
- Indemnification. You shall fully protect, indemnify and defend UTZO and all of its agents, officers, directors, shareholders, suppliers, partners, employees and each of their successors and assigns ("Indemnified Parties") and hold each of them harmless from and against any and all claims, demands, liens, damages, causes of action, liabilities of any and every nature whatsoever, including but not limited to personal injury, intellectual property infringement, fraud, deceptive advertising, violation of any state, provincial or federal laws or regulations, property damage, attorneys' fees and court costs, arising in any manner, directly or indirectly, out of or in connection with or in the course of or incidental to any of your work for or dealings with any customers, or your services, representations, advertising, or obligations (including but not limited to your obligation to maintain the confidentiality of user personal information) as provided in this Agreement, including any extra work, and in connection with your use of UTZO App, UTZO Website, UTZO Pro Locator, UTZO Direct Connect, UTZO Review Squad, UTZO Quick Link, UTZO Quick Reserve, UTZO Pro Directory, UTZO Care the UTZO Seal of Approval, REGARDLESS OF CAUSE OR OF ANY FAULT OR NEGLIGENCE OF UTZO OR THE
INDEMNIFIED PARTIES AND WITHOUT REGARD TO CAUSE OR TO ANY CONCURRENT OR CONTRIBUTING FAULT, STRING LIABILITY OR NEGLIGENCE, WHETHER SOLE, JOINT OR CONCURRENT, ACTIVE OR PASSIVE BY UTZO OR THE INDEMNIFIED PARTIES.
- Limitation of Liability. IN NO EVENT ARE WE UTZO AND ALL OF ITS AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, PARTNERS, EMPLOYEES AND EACH OF THEIR SUCCESSORS AND ASSIGNS LIABLE TO YOU FOR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES, DAMAGES CAUSED BY SERVICE PROVIDER WORK, PARTS AND MATERIAL, LOST REVENUE, LOST PROFITS OR LOSS OF GOODWILL. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF UTZO TO YOU EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO UTZO DURING THE PRECEEDING 12 MONTHS, REGARDLESS OF THE BASIS OR FORM OF CLAIM. SEE
BELLOW MORE DETAILED LIMITATION OF LIABILITY.
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE UTZO
SERVICES, UTZO APPS, UTZO WEBSITE, UTZO PLATFORM, UTZO PRO LOCATOR, UTZO DIRECT CONNECT, UTZO REVIEW SQUAD, UTZO QUICK LINK, UTZO QUICK RESERVE, UTZO PRO DIRECTORY, UTZO CARE AND UTZO SEAL OF APPROVAL ARE PROVIDED TO YOU ON AN "AS IS" BASIS, AND UTZO DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT,
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Representations and Warranties. You represent and warrant that you have all requisite power and authority to enter into this Agreement and to sell the goods or provide the services which are the subject of the job; where applicable, you are legally and properly licensed to and possesses all requisite licenses and permits to complete the job in the geographic areas in which the job is located, and you are registered for sales, use, and other tax collection purposes in all states which you provide goods and services. You represent and warrant that you will not charge or attempt to charge a consumer a price other than the price UTZO has set for the job you have accepted, or refuse to complete a job in an effort to obtain a higher price
- Fraud. You will not attempt to defraud UTZO or Service Providers on the UTZO Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold or charge applicable fees /
charges or other payments for the service(s) in question.
- You will pay service providers any service or repair fees / charges UTZO have nothing to do with money / amount you charge or collect from customers.
- You are responsible to receive / certificates of active and current contractor’s
license, bonds, insurances, permits, workers compensation, driver’s insurance,
back ground check, drug test reports upon request or add service provider name
and the service location address in certificates. UTZO might disclose service
provider license number, insurance policy coverage with their expiration dates,
and other profile details to you.
- Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE UTZO SERVICES AND UTZO SEAL OF APPROVAL ARE PROVIDED ON AN "AS IS" BASIS, AND UTZO DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW
- UTZO Content is protected by copyright, trademark, and other laws of the United
States, foreign countries, and international conventions. Except as expressly
provided in these Terms, UTZO and its licensors exclusively own all right, title, and
interest in and to the Platform and UTZO Content, including all associated
intellectual property rights. All trademarks, service marks, logos, trade names and
any other proprietary designations of UTZO used herein are trademarks or
registered trademarks of UTZO. Any other trademarks, service marks, logos, trade
names and any other proprietary designations are the trademarks or registered
trademarks of their respective owners.
- All intellectual property rights, UTZO Patents in the UTZO Platform shall be owned
by UTZO absolutely and in their entirety. These rights include and are not limited
to database rights, UTZO patents, copyright, design, functionality 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 UTZO 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 UTZO. UTZO 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.
- UTZO, UTZO Patents and other UTZO logos, designs, graphics, icons, scripts and
service names are registered trademarks, trademarks or trade dress of UTZO in the
United States and/or other countries (collectively, the “UTZO Marks”). If you are a
customer / consumer, UTZO 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 UTZO all Marks
solely in connection with providing the Services through the UTZO Platform
(“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 UTZO ’s prior written permission,
which it may withhold in its sole discretion. The UTZO Marks may not be used in
any manner that is likely to cause confusion.
- You acknowledge that UTZO is the owner and licensor of the UTZO Marks, UTZO
Patents including all goodwill associated therewith, and that your use of the UTZO
Marks will confer no additional interest in or ownership of the UTZO Marks in you
but rather inures to the benefit of UTZO. You agree to use the UTZO Marks strictly
in accordance with UTZO ’s Trademark Usage Guidelines, as may be provided to
you and revised from time to time, and to immediately cease any use that UTZO
determines to nonconforming or otherwise unacceptable.
- You agree that you will not: (1) create any materials that incorporate the UTZO
Marks or any derivatives of the UTZO Marks other than as expressly approved by
UTZO in writing; (2) use the UTZO Marks in any way that tends to impair their
validity as proprietary trademarks, service marks, trade names or trade dress, or use
the UTZO Marks other than in accordance with the terms, conditions and
restrictions herein; (3) take any other action that would jeopardize or impair UTZO
’s rights as owner of the UTZO Marks or the legality and/or enforceability of the
UTZO Marks, including, without limitation, challenging or opposing UTZO ’s
ownership in the UTZO Marks; (4) apply for trademark registration or renewal of
trademark registration of any of the UTZO Marks, any derivative of the UTZO
Marks, any combination of the UTZO Marks and any other name, or any trademark,
service mark, trade name, symbol or word which is similar to the UTZO Marks; (5)
use the UTZO Marks on or in connection with any product, service or activity that is
in violation of any law, statute, government regulation or standard.
- Violation of any provision of this License may result in immediate termination of
the License, in UTZO ’s sole discretion. If you create any materials bearing the
UTZO Marks (in violation of this Agreement or otherwise), you agree that upon
their creation UTZO exclusively owns all right, title and interest in and to such
materials, including without limitation any modifications to the UTZO Marks or
derivative works based on the UTZO Marks. You further agree to assign any
interest or right you may have in such materials to UTZO, and to provide
information and execute any documents as reasonably requested by UTZO to
enable UTZO to formalize such assignment.
- UTZO respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the UTZO Platform or Services infringe upon your copyrights, please www.utzo.com/legal/copyright for information on how to make a copyright complaint.
The following disclaimers are made on behalf of UTZO, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
- UTZO does not provide services, and UTZO is not a carrier. It is up to the Service
Technician / Service Company to decide whether or not to offer a service to a
Customer contacted through the UTZO Platform, and it is up to the Customer to
decide whether or not to accept a service from any Service Technician / Service
Company contacted through the UTZO Platform. We cannot ensure that a Service
Technician / Service Company or Customer will complete an arranged service. We
have no control over the quality or safety of the situation that occurs as a result of
the Services. The UTZO is not a construction or a contractor company nor is any
kind of service provider
- The UTZO 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 UTZO Platform and/or the Services, including
the ability to provide or receive Services at any given location or time. 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 UTZO Platform or Services will be accurate,
complete, reliable, current, secure, uninterrupted, always available, or error- free, or
will meet your requirements, that any defects in the UTZO Platform will be
corrected, or that the UTZO 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 UTZO Platform or Services.
- We cannot guarantee that each Customer is who he or she claims to be. Please use
common sense when using the UTZO Platform and Services, including looking at
the photos of the Service Technician / Service Company 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 UTZO Platform by persons under the
age of 18 in violation of this Agreement. We encourage you to communicate
directly with each potential Service Technician / Service Company or Customer
prior to engaging in an arranged service using the UTZO App.
- UTZO is not responsible for the conduct, whether online or offline, of any User of
the UTZO Platform or Services. You are solely responsible for your interactions with
other Users. We do not procure insurance for, nor are we responsible for, personal
belongings left in the car by Service Technicians / Service Companies or
Customers. By using the UTZO Platform and participating in the Services, you
agree to accept such risks and agree that UTZO is not responsible for the acts or
omissions of Users on the UTZO Platform or participating in the Services.
- UTZO 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
- It is possible for others to obtain information about you that you provide, publish
or post to or through the UTZO Platform (including any profile information you
provide), send to other Users, or share during the 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 UTZO Platform or
through the Services. Please carefully select the type of information that you post
on the UTZO Platform or through the Services 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
UTZO or made available through the UTZO 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 UTZO Platform or otherwise.
We reserve the right, but we have no obligation, to monitor the materials posted
on the UTZO 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 UTZO 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
UTZO, nor any of its content providers, guarantees the availability, accuracy,
completeness, reliability, or timeliness of location data tracked or displayed by the
UTZO Platform. Any of your Information, including geolocational data, you upload, provide, or post on the UTZO Platform may be accessible to UTZO and certain
Users of the UTZO Platform.
- UTZO advises you to use the UTZO Platform with a data plan with unlimited or very
high data usage limits, and UTZO shall not responsible or liable for any fees, costs,
or overage charges associated with any data plan you use to access the UTZO
- This paragraph applies to any version of the UTZO Platform that you acquire from
the app stores like Google Play or Apple App Store. This Agreement is entered into
between you and UTZO. Apple, Inc. (“Apple”) Google Inc, (“Google Play”) is not a
party to this Agreement and shall have no obligations with respect to the UTZO
Platform. UTZO, not Apple, Google Play is solely responsible for the UTZO Platform
and the content thereof as set forth hereunder. However, Google, Apple and their
subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance
of this Agreement, App stores 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. Same goes for Android in Google Play and Microsoft App store
Summary of Disclaimers
YOUR USE OF THE UTZO PLATFORM, UTZO DIRECT CONNECT, UTZO APP, UTZO
WEBSITE, UTZO PRO LOCATOR, UTZO QUICK LINK, UTZO QUICK RESERVE, UTZO PRO
DIRECTORY, UTZO REVIEW SQUAD, UTZO CARE OR COLLECTIVE CONTENT SHALL BE
SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT UTZO DOES NOT
HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR
OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT
IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR
REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED
TO SERVICE PROVIDERS AND CUSTOMERS / CONSUMERS. THE PLATFORM IS PROVIDED
"AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, UTZO AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET
ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF
DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE DIRECT CONNECT
OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE
QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION
OR MATERIAL CONTAINED OR PRESENTED ON THIS PLATFORM, INCLUDING WITHOUT
LIMITATION ALL COLLECTIVE CONTENT. UTZO MAKES NO WARRANTY THAT THE
PLATFORM OR DIRECT CONNECT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE
ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. UTZO ASSUMES NO
RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER
EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE
PLATFORM. UTZO SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR
ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS,
SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE
VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED FROM UTZO OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY
NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND
INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE
OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMERS / CONSUMERS,
SERVICE PROVIDERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT UTZO DOES
NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM
OR TO REVIEW OR VET ANY DIRECT CONNECT. UTZO MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR
COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE
TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS
WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU
COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM,
PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE
DIRECT CONNECT. UTZO EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR
OMISSION OF ANY USERS OR THIRD PARTIES.
RATINGS AND REVIEWS DISCLAIMER. ALL RATINGS AND REVIEWS OF A SERVICE PROVIDER DISPLAYED TO YOU REFLECT THE OPINIONS OF OTHER CONSUMERS, AND
DO NOT REFLECT OR REPRESENT THE OPINIONS OR REPRESENTATIONS OF UTZO. UTZO
DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE
RATINGS AND REVIEWS. UTZO DOES NOT ASSUME RESPONSIBILITY OR LIABILITY FOR
ANY REVIEW OR FOR ANY CLAIMS, DAMAGES, OR LOSSES RESULTING FROM ANY USE
OF THE SITE OR THE MATERIALS CONTAINED THEREIN. UTZO DOES NOT ASSUME ANY
RESPONSIBILITY FOR THE ACCURACY OF THESE REVIEWS AND RATINGS.
ARTICLES AND BLOGS DISCLAIMER. UTZO IS THE APPLICATION TO CONNECT SERVICE PROVIDER WITH CUSTOMERS FOR PERSONAL SERVICES, HOME IMPROVEMENTS, RESIDENTIAL AND COMMERCIAL SERVICES, NEW OR REPAIRS AND PROVIDES CERTAIN CONTENT RELATING TO IMPROVEMENT, REPAIR, MAINTENANCE, REPLACEMENT, NEW ADDITION FOR RESIDENTIAL AND COMMERCIAL, PERSONAL SERVICES ("ARTICLES") AND ("BLOGS") ON UTZO APPS, UTZO WEBSITE, UTZO PLATFORM, AND OTHER MOBILE APPLICATIONS OWNED AND OPERATED BY UTZO. SUCH ARTICLES AND BLOGS ARE PROVIDED "AS-IS", WITHOUT ANY WARRANTIES OR REPRESENTATIONS, AND YOU ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR USE OF SUCH ARTICLES AND BLOGS. YOU UNDERSTAND AND AGREE THAT THE ARTICLES AND BLOGS DO NOT PROVIDE ADVICE, AND THAT SUCH ARTICLES AND BLOGS ARE NO SUBSTITUTE FOR THE ADVICE OF A PROFESSIONAL OR A SERVICE PROVIDER.
LINKS TO THIRD PARTY SITES DISCLIMER. THERE ARE MANY LINKS IN THE UTZO APP, UTZO WEBITE, UTZO PLATFORM THAT WILL LET YOU LEAVE UTZO'S PLATFORM. THE
LINKED SITES ARE NOT UNDER THE CONTROL OF UTZO AND UTZO IS NOT RESPONSIBLE FOR THE CONTENTS OR FUNCTIONALITY OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. YOUR USE OF SUCH THIRD PARTY LINKED SITES IS GOVERNED BY THE TERMS AND CONDITIONS, AND PRIVACY POLICIES, OF SUCH LINKED SITES. UTZO IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. UTZO IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY UTZO OF THE SITE.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.utzo.com/legal/disclosures 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 UTZO 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 UTZO Platform and participation in the 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, without limitation, Service Technicians / Service Companies, Customers, other service individuals, sub-contractors, labors, workers, city officials, county officials, state officials, and related third parties, 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 UTZO Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; or (4) any other activities in connection with the 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 UTZO , INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS,
SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “UTZO ”
FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION,
LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR
OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE UTZO PLATFORM,
SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE UTZO PLATFORM,
THE 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 UTZO
PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE, GOODS, OR
OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT UTZO
HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY, GOODS OR
OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN
AS EXPRESSLY SET FORTH IN THEIR TERMS. 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.
- YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE
PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING DIRECT
CONNECT OR REQUESTING OR RECEIVING DIRECT CONNECT THROUGH THE
PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF UTZO OR
THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER
UTZO NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER
LEGAL THEORY, AND WHETHER OR NOT UTZO HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN
IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING
LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE
INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF
SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR
BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM,
DIRECT CONNECT OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS,
INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER
PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF
YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING DIRECT
CONNECT OR REQUESTING OR RECEIVING DIRECT CONNECT THROUGH THE
- IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF UTZO AND ITS
AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS,
PLATFORM, DIRECT CONNECT, AND/OR COLLECTIVE CONTENT, OR FROM THE
USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN
CONNECTION WITH ANY DIRECT CONNECT OR INTERACTIONS WITH ANY OTHER
USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO UTZO BY YOU
HEREUNDER, OR ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE
BEEN MADE, AS APPLICABLE.
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 UTZO;
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 Sections of this contract or
breach of all Sections of this Agreement. In addition, UTZO may terminate this Agreement
or deactivate your User account immediately in the event: (1) you no longer qualify to be
UTZO member, user or customer. (2) UTZO has the good faith belief that such action is
necessary to protect the safety of the UTZO community or third parties, provided that in
the event of a deactivation pursuant to information above, you will be given notice of the
potential or actual deactivation and an opportunity to attempt to cure the issue to UTZO
’s reasonable satisfaction prior to UTZO permanently terminating the Agreement. (3) You
have multiple complaints and which you never resolved or worked with our customer
complaint specialists to resolve those complaints with good faith. 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 UTZO ’s satisfaction, this Agreement will not be permanently terminated.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and UTZO.
YOU AND UTZO 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 UTZO 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 UTZO,
including our affiliates, subsidiaries, parents, successors and assigns, and each of our
respective officers, directors, employees, agents, or shareholders.
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 UTZO. 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 UTZO Platform, the Services, any other goods or services made available through the UTZO
Platform, your relationship with UTZO , the threatened or actual suspension, deactivation
or termination of your User Account or this Agreement, payments made by you or any
payments made or allegedly owed to you, any promotions or offers made by UTZO , 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
UTZO 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 UTZO 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.
(b) Prohibition of Class Actions and Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND UTZO 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 UTZO 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 UTZO, WHICH ARE ADDRESSED SEPARATELY IN SECTION (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 exclusive means of resolving any dispute between you and UTZO or any claim or
controversy arising out of or relating to or that have arisen based on use of UTZO App, UTZO Website and/or UTZO's services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against UTZO any class action, class arbitration, or other representative action or proceeding.
(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 UTZO 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 UTZO 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.
ARBITRATION and Governing Law.
- By using the Website and/or UTZO's services in any manner, you agree to the above
arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to
assert or defend any claims between you and UTZO. YOU ALSO GIVE UP YOUR RIGHT TO
PARTICIPATE IN A CLASS ACTION, SMALL CLAIMS OR OTHER CLASS PROCEEDING. Your
rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are
entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- 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.
- Any proceeding to enforce this arbitration agreement, including any proceeding to
confirm, modify, or vacate an arbitration award, may be commenced in any court of
competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against UTZO may be commenced only in the federal or state courts located in, Delaware. You hereby irrevocably consent to the jurisdiction of those courts for such purposes
- These Terms and Conditions, and any dispute between you and UTZO, shall be governed
by the laws of the state of Delaware without regard to principles of conflicts of law,
provided that this arbitration agreement shall be governed by the Federal Arbitration
By sending us any feedback, comments, questions, or suggestions concerning UTZO or our
services, including the Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against UTZO and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your Account or the Platform.
We expect users to respect copyright law. In appropriate circumstances we will terminate
the Account of any user who repeatedly infringes or is believed to be repeatedly
infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for
more information at www.utzo.com/legal/copyright
- You may terminate this Agreement upon our receipt of your written notice during
normal business hours (such termination to be effective upon the close of business on
the day properly delivered and received)
- UTZO, in its sole discretion, reserves the right to suspend your rights under this
Agreement or terminate this Agreement and your membership in the UTZO network
immediately at any time for any reason or no reason at all
- If this Agreement is terminated or expires, your agreements and obligations under this Agreement shall continue. Further, in the event this Agreement is terminated or expires, (i) all licenses granted to you under this Agreement shall immediately terminate, and you shall have no further right to access, use or display the any UTZO content, and (ii) you agree to destroy any materials. Upon any termination of this Agreement, you will no longer have access to your UTZO account on UTZO App, UTZO Website, UTZO platform.
- If it is determined or suspected by UTZO in its sole discretion that you are misusing or attempting to misuse or circumvent the UTZO services or system or any customer data, or are using or attempting to use it for any inappropriate, illegal, harmful, or anti-competitive, purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, or any activities inconsistent with the services proposed to be offered by UTZO, in addition to our right to immediately terminate this Agreement, UTZO reserves the right, in its sole discretion, to instigate, without notice, appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies
- In the event of termination of this Agreement, you shall not be entitled to any refund of any fees paid to us, including any prepayments, subscription fees, lead fees, service request fees
- You will be liable for any attorneys' fees and costs if we have to take any legal action
(including the retention of a lawyer) to enforce this Agreement. The laws of the State of
Delaware (excluding the laws and principles with respect to conflicts of law) govern this
Agreement. You hereby consent and agree that the state or federal courts in Delaware
are the exclusive forum for litigation of any claim by you arising under this Agreement or
your use of the UTZO App, UTZO Website, UTZO Platform, and/or Services, and you
submit to sole and exclusive jurisdiction in the state of Delaware, and hereby irrevocably
waive and relinquish any right to bring, or cause to be brought, any such action, or to
have any such action brought, in any judicial or administrative forum outside of such
- You understand and agree that you are a user of UTZO, and are not a UTZO employee,
joint venture, partner, or agent. You acknowledge that you set or confirm your own
service request, prices, parts, material, equipment, and determine your own work
schedule. You further understand and agree that UTZO App, UTZO website, UTZO
Platform, is only a referral company that connects you with a service provider in real
time. UTZO takes customer service request and displays on service provider devices to
accept or deny without any obligations. UTZO does not control, and has no right to
control, the services you request (including how you get such services completed), what
service providers charge you for those services, how service providers perform those
services, if you are engaged by a service provider, except as specifically noted herein.
- If any provision of this Agreement is held by any court or other authority of competent jurisdiction to be invalid, illegal or in conflict with any applicable state or federal law or regulation, such law or regulation shall control, to the extent of such conflict, without affecting the remainder of this Agreement.
- Wireless data usage is subject to the fees and terms of your wireless subscriber
agreement or data service plan with your provider, and you may incur charges from your
telephone service provider for text messages, phone calls, email communications and
data transferred. UTZO App may run on back end even if you close the app. UTZO App
stays on line at all time for UTZO Pro Locator,
- UTZO and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via UTZO's messaging platform from UTZO App or UZO Website.
- You agree not to copy/collect, duplicate, reproduce, print UTZO content, UTZO Deign, UTZO layout, UTZO Functionality, UZO Image, from UTZO APP, UTZO Website, UTZO Platform via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand, by any software or hardware, scripts, programing, hacking). For more detail check www.utzo.com/legal for UTZO Legal, UTZO Copyright, UTZO Patents, UTZO Trademarks, UTZO System, APP and website use policies, and UTZO Software Agreements.
- You authorize UTZO to send you SMS Messages, which may include marketing
messages. You also authorize UTZO to send you marketing emails from time to time.
- You authorize UTZO to send you UTZO In App, and UTZO Push Notifications which may
include the service lead information, service provider information, service location
information, project information, your contact details,
- You authorize UTZO App to run with or without putting in sleep mode. Once you close
UTZO App it continues to run in sleep mode. You will get UTZO in app and all push
notifications until you kill the app, you log out or you logout from UTZO customer app
dashboard. The UTZO App will continue use the resources on your device like data,
battery, ram, hardware, software, sim card etc. In case you kill, off line or log out the app you will not receive customer leads or service requests.
- You agree to honor the price that you accepted for the job to pay and as required by
applicable law. You must pay service providers the contract amounts.
- You are responsible for scheduling the services to your availability.
- You agree to pay any and all state sales, use, or other tax due or imposed by any governmental authority with respect to the completed jobs, projects.
NOTICE OF RIGHTS
By using the Website and/or UTZO's services in any manner, you agree to the above arbitration
agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any
claims between you and UTZO (except for matters that may be taken to small-claims court).
YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, MALL CLAIMS, ANY
CIVIL OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL
ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures at
These Terms and Conditions, and any dispute between you and UTZO, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
You agree not to use any technical, financial, strategic and other proprietary and
confidential information relating to UTZO ’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by UTZO 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. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of UTZO in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to UTZO with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by UTZO 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 UTZO becomes known to you, without restriction, from a source other than UTZO without breach of this Agreement by you and otherwise not in violation of UTZO ’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 UTZO to enable UTZO to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with UTZO
As a Customer, Consumer, User on the UTZO Platform, you acknowledge and agree that
you and UTZO are in a direct business relationship, and the relationship between the
parties under this Agreement is solely that of independent contracting parties. You and
UTZO expressly agree that (1) this is not an employment agreement and does not create
an employment relationship between you and UTZO; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this
Agreement. You have no authority to bind UTZO, and you undertake not to hold yourself
out as an employee, agent or authorized representative of UTZO.
UTZO 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 Services, your acts or omissions, or your operation and maintenance of your
vehicle. You retain the sole right to determine when, where, and for how long you will
utilize the UTZO Platform. You retain the option to accept or to decline or ignore a Service Provider for Services via the UTZO Platform, or to cancel an accepted request for Services via the UTZO Platform, subject to UTZO ’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, UTZO shall have no right to require you to: (a) display UTZO ’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying UTZO ’s names, logos or colors.
In addition to connecting Customers with Service Technicians / Service Companies, the
UTZO Platform may enable Users to provide or receive goods or services from other third
parties. For example, Users may be able to use the UTZO Platform to order a delivery of
goods, purchase a digital item, or when travelling outside of the United States, to connect with local platforms and request services from local Service Technicians / Service Companies (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 UTZO Platform, you authorize UTZO to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that UTZO 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 UTZO Platform.
UTZO Guarantees and Endorsements
Although we always take full steps to examine the ability and background of the Service Providers listed on UTZO Apps, UTZO Website or whom you may book, schedule Service Requests, using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Providers or the quality of the job that he or she may perform for you if you elect to retain their services. UTZO does not promise, endorse or recommend the services of any particular Service Provider. We do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Providers and the Service Provider’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Provider. We do not guarantee or warrant any Service Provider's performance on the job or the outcome or quality of the services performed. The Service Providers are not employees, contractors
or agents of UTZO, nor is UTZO an agent of the Service Providers.
Deals and Contracting
UTZO may inform you of certain deals, offers or discounts provided by a Service Providers. Such offers or discounts are made solely by the Service Providers, and UTZO does not guarantee or warrant the, deals, pricing or discounts that a Service Provider may offer you. Any quotes provided by Service Providers via UTZO Apps, UTZO Website or which you find on the UTZO Platform, are not contractually binding offers, they are for informational purposes only, and cannot be accepted on or via UTZO Platform. No contractual arrangement is created based upon the quotes provided to you from Service Providers (or your scheduling of an appointment with a Service Provider) via UTZO Platform. To contract with a Service Provider, you must work directly with the Service Provider. UTZO does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Providers are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. UTZO is not a party to such agreements. All payments and applicable taxes must be made to the Service Providerin accordance with the agreements.
UTZO cannot guarantee the work performed by a listed Service Providers, and while we have no obligations to you with regard to your relationship with a Service Provider, the UTZO resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of a home improvement, residential or commercial repair, new installation, maintenance project with a Service Provider who you learned about or got in contact through the UTZO Platform. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Provider. You must participate and use good faith efforts to resolve problems through the UTZO resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Providers without a good faith basis for doing so. You agree that UTZO is not responsible for the accessibility or unavailability of any Service Providers or for your interactions and dealings with a Service Providers. There is a complaints section in Customer and Pro App through which you can file a complaint against a service provider and a service provider against you. UTZO will go above and beyond in helping resolving these complaints.
Except as provided above, this Agreement shall be governed by the laws of the State of
California without regard to the choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California 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 hereof. 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 UTZO, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to UTZO shall be given by certified mail, postage prepaid and return receipt requested to UTZO Inc., 4231 Business Center Dr. # 12, CA 94538. Any notices to you shall be provided to you through the UTZO Platform or given to you via the email address or physical you provide to UTZO 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. 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 UTZO with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
Release from Claims and Damages
If you have a dispute with respect to any services provided by a Service Provider or the
fees, amount charged by any Service Provider, you must address such dispute with the
Service Provider directly. YOU HEREBY AGREE TO RELEASE UTZO, UTZO APPS, UTZO WEBSITE, UTZO PLATFORM, (UTZO OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY DAMAGES OR CLAIMS (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH SERVICE PROVIDERS. YOU GIVE UP YOUR RIGHT TO GO TO ANY COURT TO ASSERT OR DEFFEND ANY CLAIMS BETWEEN YOU AND UTZO. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, SMALL CLAIMS OR OTHER CLASS PROCEEDING. YOUR RIGHT WILL BE DTERMINED BY A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO UTZO AND THE SERVICE PROVIDER, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD
RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO UTZO AND EACH SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $10,000 TO EACH OF UTZO AND EACH OF THE AFFECTED SERVICE PROVIDER AND FOR
EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
YOU ACKNOWLEDGE AND AGREE THAT THE UTZO SERVICES ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND YOUR SOLE AND EXCLUSIVE REMEDY, AND UTZO'S SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF THE UTZO PLATFORM, UTZO APPS, UTZO WEBSITE, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF UTZO PLATFORM, UTZO APPS, UTZO WEBSITE AT ANY TIME. EXCEPT AS EXPRESSLY SET FORTH HEREIN, UTZO EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT UTZO SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF UTZO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY
CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE TERMS AND CONDITIONS WILL INURE TO THE BENEFIT OF UTZO'S SUCCESSORS, ASSIGNS AND LICENSEES. IF ANY PROVISION OF THESE TERMS AND
CONDITIONS SHALL BE DEEMED UNLAWFUL, VOID OR UNENFORCEABLE, FOR ANY REASON, BY ANY COURT OF COMPETENT JURISDICTION THAT PROVISION SHALL BE MODIFIED IN ORDER TO MAKE IT ENFORCEABLE, WHILE MAINTAINING THE SPIRIT OF THE PROVISION. ALTERNATIVELY, IF MODIFICATION IS NOT POSSIBLE, SUCH PROVISION SHALL BE STRICKEN AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING TERMS. THE FAILURE OF UTZO TO EXERCISE OR
ENFORCE ANY RIGHT OR PROVISION OF THE TERMS AND CONDITIONS SHALL NOT CONSTITUTE A WAIVER OF SUCH RIGHT OR PROVISION. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES OR THE TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. THE SECTION TITLES IN THE TERMS AND CONDITIONS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT. THESE TERMS AND CONDITIONS ARE GOVERNED BY THE LAWS OF THE STATE OF DELAWARE AS SUCH LAWS ARE APPLIED TO AGREEMENTS ENTERED INTO AND TO BE PERFORMED ENTIRELY IN THE STATE OF DELAWARE AND BETWEEN DELAWARE
RESIDENTS. YOU AGREE TO SUBMIT TO JURISDICTION IN DELAWARE AND THAT ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS AND CONDITIONS WILL BE BROUGHT SOLELY IN A COURT IN DELAWARE. THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND UTZO AND SUPERSEDE ALL ORAL AND WRITTEN NEGOTIATIONS OR REPRESENTATIONS OF THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF. THESE TERMS AND CONDITIONS MAY NOT BE MODIFIED OR AMENDED OTHER THAN BY AN AGREEMENT SIGNED BY BOTH PARTIES.
If you have any questions about the UTZO Customer Terms and Conditions, UTZO Platform, or our information-handling practices please contact us by e-mail or postal mail as follows:
UTZO Technologies Inc
4231 Business Center Dr # 12,
Fremont, CA 94538.
Copyright © 2017 UTZO Technologies, Inc and/or its affiliates. All rights reserved.