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 CAREFULLY.
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 PLATFORM.
"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 persons.
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:
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.
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 eligible.
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.
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 messaging platform.
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 INOVATIONS.
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.
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.
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:
As a user of the Platform, you may not:
By Joining and Using UTZO Platform, you represent, warrant, and agree that:
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.
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.
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.
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.
(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.
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
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.
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.
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.
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.
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.