DONE-FAST Terms of Service

December 16, 2019

Welcome to “DONE-FAST” which is accessible via the DONE-FAST mobile device application (the “App”). The DONE-FAST App is the property of Globe Home Warranty Company (“Globe”). It was created to provide quick access to services you request, and the platform for providing you with these services, and the services themselves are collectively referred to as the “Services.” Please read carefully these Terms of Service (the “Terms”), and our Privacy Policy, because they govern and control your use of our Services.

Agreement to Terms

By clicking the “I Agree” button, providing us with your registration information, and using our Services, you are agreeing to these Terms and our Privacy Policy. This creates a binding legal contract. If you do not agree to these Terms and our Privacy Policy, you may not use the Services. Each time you use the Services, you are agreeing to the Terms then in effect.

Use limited – must be more than 18 years old!

The DONE-FAST App creates contractual liabilities. Hence, you must be an adult and able to contract for the Services we provide. By using the Services and by your agreement to these Terms and Conditions, you are representing and warranting to us that you are an adult, of at least eighteen years of age and are able to contract. If you are too young or are unable to contract, you are not authorized to use the App or Services

Changes to Terms or Services

We may modify these Terms and Privacy Policy at any time. If we do so, we will let you know either by posting the modified Terms on the Site or App or through other communications, any of which will be acceptable alone. It is important that you review the Terms whenever we modify them, because if you continue to use the Services after we have posted modified Terms on the Site or App, or otherwise communicate them to you, you are indicating to us that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services any longer. Because our Services evolve over time, we may change or discontinue all or any part of the Services at any time and without notice.

ARBITRATION NOTICE: YOU AGREE THAT ANY DISPUTES BETWEEN YOU AND GLOBE REGARDING THE APP OR SERVICES WILL BE RESOLVED BY BINDING ARBITRATION BEFORE THE BETTER BUSINESS BUREAU IN ORANGE OR SEMINOLE COUNTY, FLORIDA, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

Privacy

Please refer to our Privacy Policy for information on how we collect, use, and disclose information from our users. However, you should be aware that the information you provide to us will be shared with third party vendors in order to provide you with the Services you request. That said, you are responsible for the confidentiality of your username and password. You will be responsible for anyone using your username and password to order Services. However, if you suspect someone else is using your username and password, you must notify us immediately to prevent any injury, fraud or damage. Globe is not responsible for any unauthorized use of your username or password. Notwithstanding the foregoing, we will use your email, telephone number and other contact information to communicate with you and allow vendors to communicate with you to schedule and perform the Services. You authorize this disclosure when you use the App and order or request Services.

Use of Credit Card information

In order to order and use our Services, you must provide Globe with credit card information in order to pay for the Services. You represent and warrant to us that you have full authorization to use the credit card information and give Globe the right and authorization to access and use this information to pay for the Services. You agree to hold Globe harmless from any cost, damage or liability associated with the use of your credit card information, including any unauthorized use.

Safety First when using the App and Services

During your use of the Services, please be aware that there are limits to what we can control. We initially screen vendors, but those vendors may change employees, policies and procedures without notifying us. You agree that your use of the App and the Services is at your own risk, and it is your responsibility to verify that any vendor meets with your personal approval. Done Fast is a booking mechanism whereby you are matched with providers of a service you request. Globe does not own or control the vendors of the service you request. Globe will not be responsible for any damages, injuries, liabilities, expenses or costs arising from your use of the App or from using any of the Services provided by a vendor. If you are dissatisfied with the vendor’s work or performance, notify the vendor directly. The vendors are not employees of Globe, and Globe has no authority over them. Globe merely matches your requests with the third party vendors who provide you with the Services.

Restrictions on Use

You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. When using the App, you represent and warrant that you have the authority to contract for Services to be performed at a particular site or location. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict injuries or emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten any person, will not enter onto private property without permission or authorization, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind to any person. To the extent permitted by applicable law, Globe disclaims all liability related to any property damage, personal injury, or death that may occur during your use of the Services, including any claims based on the violation of any applicable law, rule, or regulation or any alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more vendors or users of the App, you release Globe (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Waiver of Rescission Rights

By using the App and Services, you agree that the Services and the Vendor matched to your request did not solicit you. Instead, the Vendor connected to you through the App is responding to your request through the App and was authorized by you to perform the work requested. Therefore, you expressly waive any rights to claim the Vendor contacted you door-to-door and any cancellation or rescission rights normally applicable to door-to-door solicitation transactions shall not apply. If you desire to preserve any right to cancel or rescind a transaction under any local, state or federal law, you should not use the App or Services.

Community Areas

If the App or site provides feedback, blogs, reviews or other input from users of the App, Globe is not responsible for the content of this section of the site or App. You agree to hold Globe harmless from any cost, expense, liability or damage arising from any posts on the site or App. Notwithstanding the foregoing, Globe reserves the right to block, discontinue, remove, delete, reproduce, share or use any information posted on its site or App as it deems appropriate without obligation or liability to any person who posts on the site or App. You agree to license and permit Globe to use anything you post on its site or App without any further royalty, compensation or liability.

Rights in App

Subject to your compliance with these Terms, Globe grants you a limited nonexclusive, nontransferable, non-sub licensable license to download and install a copy of the App on a mobile device and to run such copy of the App solely for your own personal purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify, or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend, or rent the App to any third party; (c) reverse engineer, decompile, or disassemble the App; Or (d) make the functionality of the App available to multiple users through any means. Globe reserves all rights in and to the App not expressly granted to you under these Terms.

Additional Terms for App Store Apps

If you accessed or downloaded the App from the Apple Store, then you agree to use the App only: (a) on an Apple-branded product or device that runs iOS (Apple’s proprietary operating system software); and (b) as permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.

If you accessed or downloaded the App from any app store or distribution platform (like the Apple Store, Google Play, or Amazon App store) (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms are between you and Globe, and not with App Provider, and that, as between us and the App Provider, Globe is solely responsible for the App.
  • App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify App Provider, and App Provider will refund the purchase price for the App to you (if applicable) and, to the maximum extent permitted by applicable law, App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure of an App to conform to any warranty will be the sole responsibility of Globe.
  • App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Globe will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the App.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Content and Content Rights

For purposes of these Terms, “Content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services. Subject to your compliance with these Terms, Globe grants you a personal, noncommercial, nonexclusive, nontransferable, non-sub licensable, revocable license to download, view, display, and use the Content solely in connection with your permitted use of the Services.

Content Ownership

Globe exclusively owns all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Limited Rights for you to use certain Content.

Globe grants to you a nonexclusive, perpetual, irrevocable, transferable, sub licensable, worldwide, royalty-free license to make screen shot captures of images that you can capture on your mobile device while using the Services. You are invited to share the images on social media, but only for sharing your experience with others and not for any commercial purpose. You may not duplicate any imagery displayed through the use of the Services in any other fashion, such as, for example, printing such imagery and displaying it, modifying it, or incorporating it into another work.

Conduct, General Prohibitions, and Globe’s Enforcement Rights

You agree that you are responsible for your own conduct while using the Services, and for any consequences thereof. By way of example, and not as a limitation, you agree that when using the Services and Content, you will not:

  • Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others;
  • Provide a safe working environment for third party vendors to provide services, including restraining animals and keeping children away from work areas;
  • Treat vendors with courtesy while they performs services;
  • Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, obscene, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive Content or message;
  • Promote or engage in discrimination, bigotry, racism, hatred, or harassment against any individual or group;
  • Trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be
  • Violate, or encourage any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Upload, post, or otherwise make available commercial messages or advertisements, pyramid schemes, or other disruptive notices;
  • Impersonate or misrepresent your authorization or affiliation with another person or entity;
  • Promote or provide instructional information about illegal or harmful activities or substances;
  • Promote or engage in physical harm, violence, or injury against any group or individual;
  • Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature;
  • Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals;;
  • Post, upload, publish, submit, or transmit any Content that infringes, misappropriates, or violates a third party's patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy
  • Access, tamper with, or use nonpublic areas of the Globe's website, Globe's computer systems, or the technical delivery systems of Globe's providers;
  • Attempt to probe, scan, or test the vulnerability of any Globe system or network or breach any security or authentication measures;
  • To attempt to damage, destroy, delay or interfere with the App or Globe's computer systems;
  • Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Globe or any of Globe's providers or any other third party (including another user) to protect the Services or Content;
  • Attempt to access or search the Services or Content, or download Content from the Services through the use of any technology or means other than those provided by Globe or other generally available third-party web browsers (including, without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind);
  • Extract, scrape, index, copy, or mirror the Services or Content or portions thereof ;
  • Use any meta tags or other hidden text or metadata utilizing a Globe or DONE-FAST trademark, logo, URL, or product name without Globe's express written consent;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content;
  • Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  • Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the Content;
  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms, including but not limited to (a) gathering App items or resources for sale outside the App, (b) performing services in the App in exchange for payment outside the App, or (c) sell, resell, rent, or lease the App;
  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

Although we are not obligated to monitor access to or your use of the Services or Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Termination

We reserve the right to terminate your use of the App or Services at any time and for any reason. In particular, if we find you have violated any of the Terms or engaged in any inappropriate or unlawful behavior, your rights to use the App or Services shall be immediately suspended or terminated. You have the right to cancel and terminate your account with 24-hours advance written notice to us at Post Office Box 620395, Orlando, Florida 32862, but you shall continue to be responsible to pay for any Services previously ordered that cannot be cancelled. However, even if the Services can be cancelled, you will still be responsible for a cancellation fee if one is charged by the vendor.

Problems with Vendors

If you have a problem with a vendor, please contact the vendor directly and try to work out a solution. If that does not work to your satisfaction, notify us and we will attempt to intervene. However, Globe will not be responsible for any cost, damage or liability for a vendor’s failure to perform Services.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by reaching out to us on our website at www.DONE-FAST.com, or on Face book, Twitter, or Google+. You grant to us a nonexclusive, worldwide, perpetual, irrevocable, fully paid, royalty free, sub licensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the Feedback for any purpose.

Links to Third Party Websites or Resources

The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources. Use of the DONE-FAST App requires the use of the internet. If you use a third party provider or site to access the internet, the third party site may have certain terms and conditions that are separate from Globe and the DONE-FAST App. Globe is not responsible for any third party site’s terms, conditions, or content. You agree to hold Globe harmless from any cost, expense or liability arising from any third party’s site, terms, conditions or content.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation, or cancellation of Services, the following provisions of these Terms will survive: Arbitration Notice; Content Ownership; Feedback; Disclaimer of Warranties; Indemnity; Limitation of Liability; Dispute Resolution; General Terms; and this sentence of Termination.

Disclaimer of Warranties

Your use of the app and services are at your own risk. Globe does not provide the services to you. Globe does not warrant the timeliness, quality of work or materials, or the workmanship of any services performed by third party vendors through the done-fast app. To the extent permitted by applicable law, the services and content are provided "as is," without any express or implied warranty of any kind. Without limiting the foregoing, globe explicitly disclaims any warranties of merchant ability, fitness for a particular purpose, quiet enjoyment, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Globe makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and globe make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any service or content. Globe does not make any representation or warranty that its site or app will be free from viruses, trojan horses, worms or other harmful components. Further, globe does not guaranty that information you provide will not be stolen, misappropriated, intercepted, destroyed or used by others.

You assume all risks relating to your online or offline communications and interactions with vendors or other users of the services and with other persons with whom you communicated or interact as a result of your use of the app or services. You understand that globe does not continually screen or inquire into the background of any vendors or users of the services. Globe makes no representations or warranties as to the conduct of users or vendors of the services. You agree to take reasonable precautions in all communications and interactions with other users of app or the services and with other persons with whom you communicate or interact as a result of your use of the app or services, particularly if you decide to meet offline or in person.

Indemnity

You will indemnify and hold harmless Globe and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs 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 Services or Content, or (b) your violation of these Terms.

Limitation of Liability

To the extent permitted by applicable law, neither globe nor any other party involved in creating, producing, or delivering the services or content will be liable to you for any indirect, incidental, special, punitive, exemplary, or consequential damages, including lost profits, loss of data, or goodwill, service interruption, computer damage, or system failure or the cost of substitute services, arising out of or in connection with these terms, or from the use of or inability to use the services or content, or from any communications, interactions, or meetings with other users or vendors of the services or persons with whom you communicate or interact as a result of your use of the services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not globe has been advised of the possibility of such damages, even if a limited remedy set forth herein is found to have failed in its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

In no event will the total liability of globe arising out of or in connection with these terms or from the use of or inability to use the services or content exceed one hundred dollars ($100.00). The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between globe and you.

Dispute Resolution

Governing Law

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of law’s provisions.

Agreement to Arbitrate

You and Globe agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content (collectively, “Disputes”) must be filed within one (1) year of the date of Service, and will be settled by binding arbitration before the Better Business Bureau in Orange or Seminole County, Florida, and submit to the personal jurisdiction of this forum. Notwithstanding the foregoing, each party retains the right: to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights (the action described in this clause (b), an “IP Protection Action”). The exclusive jurisdiction and venue of any IP Protection Action will be the state and federal courts located in the Middle District of Florida, and each of the parties hereto waives any objection to personal and subject matter jurisdiction and venue in such courts. You acknowledge and agree that you and Globe are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Globe otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules

The arbitration will be administered by the Better Business Bureau (“BBB”) in accordance with their rules (the “Rules”) then in effect, except as modified by this “Dispute Resolution” section.

Arbitration Process

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the BBB Rules. A single arbitrator will be chosen who will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the BBB’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within fourteen (14) days of delivery of the Demand for Arbitration, then the BBB will appoint the arbitrator in accordance with the BBB Rules.

Arbitration Location and Procedure

Unless you and Globe otherwise agree, the arbitration will be conducted in Orange County or Seminole County, Florida. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Globe submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the BBB Rules. Subject to the BBB Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Depositions and other civil court discovery will not be allowed absent an agreement of the parties.

Arbitrator’s Decision

The arbitrator will render an award within the time frame specified in the BBB Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The party that prevails in arbitration will be entitled to an award of reasonable attorneys’ fees and expenses.

Changes

Notwithstanding the provisions of the “Changes to Terms or Services” section above, if Globe changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to info@done-fast.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Globe’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Globe in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).

General Terms

These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. These Terms constitute the entire and exclusive understanding and agreement between Globe and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Globe and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Dispute Resolution” section above or by a court of competent jurisdiction), that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Globe’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Globe may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their heirs, successors and permitted assigns.

Any notices or other communications provided by Globe under these Terms, including those regarding modifications to these Terms, will be given: (a) via email, or (b) by posting to the App. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Globe’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Globe. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Contact Information

If you have any questions about these Terms or the Services, please contact Globe at Post Office Box 620395, Orlando, Florida 32862 or 37 N. Orange Avenue, Suite 500, Orlando, FL 32801.

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