Terms of Service

Welcome to HireScapes. The websites located at www.HireScapes.com (the “Services”) are provided by Hirescapes Inc. (“HireScapes”, “we”, “us”, or “our”). By creating an account or by accessing or using the Services, you agree to these terms and conditions (these, “Terms”). If you do not agree to these Terms, you may not access or use the Services.

NOTE THAT SECTION 16 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

If you have any questions, please refer to the help section of the Services or contact us at Hello@hirescapes.com

Our Services

We provide a platform through which individuals who access and use the Services can find and browse, market, sell and purchase hardscaping services and products (“Hardscaping Services”) through HireScapes’ online marketplace. While we enable users to browse, market, sell and purchase Hardscaping Services, and to communicate with one another, we are not responsible for monitoring such information and communications, and we are not a party to transactions or interactions that may occur between users, whether online or offline.

Eligibility, Accounts, Registration

The Services are available only to, and may only be accessed and used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. By using the Services, you represent and warrant that you (a) are at least 18 years old, (b) have not been previously suspended or removed from the Services, or engaged in any activity that could result in suspension or removal from the Services, (c) do not have more than one HireScapes account, and (d) that all registration information you submit is accurate and truthful. If you are accessing or using the Services on behalf of another person or entity’s behalf, (1) all references to “you” throughout these Terms will include that person or entity, (2) you represent that you are authorized to accept these Terms on that person or entity’s behalf, and (3) that person or entity agrees to be responsible to us if you or the other person or entity violates these Terms.

In order to access and use certain areas of the Services, you will need to register for a HireScapes account. By creating an account, you agree to (i) provide accurate, current, and complete account information, (ii) maintain and promptly update your account information as necessary, (iii) maintain the security of your account credentials and accept all risks of unauthorized access to your account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. You also agree that HireScapes is not liable for any loss or damage arising from your failure to keep your account credentials secure. The Services are not available to temporarily or permanently banned users. HireScapes reserves the right, in HireScapes’ sole discretion, to cancel unconfirmed or inactive accounts and to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. HireScapes reserves the right to refuse service to anyone, for any reason, at any time.

In order to access and use certain areas of the Services, you will need to register for a HireScapes account. By creating an account, you agree to (i) provide accurate, current, and complete account information, (ii) maintain and promptly update your account information as necessary, (iii) maintain the security of your account credentials and accept all risks of unauthorized access to your account and the information you provide to us, and (iv) immediately notify us if you discover or otherwise suspect any security breaches related to the Services or your account. You also agree that HireScapes is not liable for any loss or damage arising from your failure to keep your account credentials secure. The Services are not available to temporarily or permanently banned users. HireScapes reserves the right, in HireScapes’ sole discretion, to cancel unconfirmed or inactive accounts and to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames. HireScapes reserves the right to refuse service to anyone, for any reason, at any time.

Additional Terms

Additional terms and policies (“Additional Terms”) may apply to specific portions of the Services. In the event Additional Terms apply to your use of the Services, we will provide notice of such terms and your continued use of the relevant portions of the Services will constitute your agreement to these Additional Terms. Unless indicated otherwise, if there is a conflict between these Terms and the Additional Terms, the Additional Terms will govern.

If you register as a contractor of Hardscaping Services (“Contractor”), your use of the Services is also subject to the Contractor Contractor Terms, which are hereby incorporated into these Terms by reference.

Materials provided to or posted on HireScapes

You retain all ownership rights in the materials you provide to HireScapes or post, upload, input or submit to the Services (collectively “Submissions”). By posting, uploading, inputting, providing or submitting a Submission, you hereby grant HireScapes and HireScapes’ affiliated companies a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable and fully sublicensable right and license to use, copy, modify, display, create derivative works of, perform, and distribute your Submission, in whole or in part, and your name, likeness, persona in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes.

No compensation will be paid with respect to our use of your Submissions. HireScapes is under no obligation to post or use any Submission you may provide and may remove any Submission at any time for any reason.

By posting, uploading, inputting, providing or submitting Submissions, you represent and warrant that (a) you own and control all of the necessary rights to your Submissions; (b) such Submissions are nonconfidential; (c) the Submissions are accurate and not misleading or harmful in any manner, and (d) the Submissions, and your use and posting thereof, does not and will not violate these Terms or any applicable law, rule, regulation or third-party right.

Prohibited Content

You are solely responsible for your conduct and activities on and regarding to the Services and any and all Submissions. You understand that Submissions are viewable by others using the Services. You agree that you are solely responsible for your Submissions and for your use of such interactive features and areas of the Services, and that you use them at your own risk.

By using the interactive features and areas of the Services, you further agree not to create, post, share, upload to, transmit, distribute, store or otherwise publish through the Services any Submissions that:

  • Are false, inaccurate or misleading;
  • Infringe upon any third-party’s intellectual property rights or rights of publicity or privacy;
  • Violates these Terms, any website policy or community guidelines, or any applicable law, statute, ordinance or regulation, or that would constitute, encourage, or provide instructions for a criminal offence, violate the rights of any party or otherwise create liability;
  • Are unlawful, defamatory, obscene, pornographic, indecent, lewd, suggestive, libelous, threatening, harassing, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or otherwise objectionable;
  • Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • Impersonates or intimidates any person (including HireScapes staff or other users), or falsely state or otherwise misrepresents your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
  • Contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • Contains any private or personal information of a third party without such party’s consent;
  • Contains or transmits any viruses, corrupted data or code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or content; or
  • In our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or that may expose HireScapes or others to any harm or liability of any type.

We do not approve, control or endorse Submissions, and we are not responsible or liable for any Submissions on the Services. In addition to other disclaimers found in these Terms, we do not endorse or make any warranties or representations with respect to the accuracy, completeness or timeliness of any Submissions posted on the Services. Although we have no obligation to screen, edit or monitor Submissions, we reserve the right, and have absolute discretion, to remove, screen or edit Submissions posted or stored on the Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any Submissions you post or store on the Services at your sole cost and expense.

Prohibited Conduct

You agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Services. You agree that you will abide by these Terms and will not:
  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account without authorization from such user and HireScapes;
  • Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
  • Seek or obtain information obtained on the Services to contact a Contractor or buyer to buy or sell Hardscaping Services off of the Services;
  • Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any Submissions, area or code of the Services;
  • Take any action that may undermine online reviews or feedback;
  • Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Services that you are not authorized to access;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Develop or use any third-party applications that interact with Submissions or the Services without our prior written consent;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
  • Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Services, extract data or any program which may make multiple server requests per second, or unduly burdens or hinders the operation or performance of the Services or otherwise interfere with or modify the rendering of Services or functionality;
  • Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
  • Bypass or ignore instructions contained in any robots.txt file; or
  • Use the Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms

License to Access and Use Our Services and Content

Unless otherwise indicated by us, the Services and all content and other materials contained therein, including, without limitation, the HireScapes logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “HireScapes Content”) are the proprietary property of HireScapes or our licensors, as applicable, and are protected by U.S. and international copyright laws. The term HireScapes Content, as used in these Terms, does not include third-party trademarks, intellectual property or other content or material owned by third parties and not covered under a license with HireScapes or materials that are in the public domain.

HireScapes hereby grants you a limited, nonexclusive, non-transferable, non-sublicensable, revocable license to access and use the Services and HireScapes Content, subject to your compliance with these Terms. All rights not expressly granted to you are reserved by HireScapes and its licensors.

Such license does not include the right to: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or HireScapes Content in any way, provided, however, that Contractors are permitted to use the Services for commercial purposes in accordance with these Terms; HireScapes(ii) access the Services in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services, or (c) copy any ideas, features, functions or graphics of the Services; (iii) download (other than the page caching) any portion of the Services, the HireScapes Content or any information contained therein, except as expressly permitted on the Services; and (iv) any use of the Services or the HireScapes Content other than for their intended purposes. Any use of the Services or HireScapes Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of HireScapes or any third party, whether by estoppel, implication or otherwise.

Payment Terms

Setting up an account on the Services is free. HireScapes is not a party to any transaction for Hardscaping Services offered by Contractors. The Services facilitate these transactions by supplying a medium through which users can connect with Contractors to purchase Hardscaping Services directly from the Contractor. Notwithstanding the foregoing, users may not circumvent the Services by using the online marketplace to connect with Contractors and then engage those Contractors for Hardscaping Services outside of the Services. Contractors who list Hardscaping Services on the Services must pay all applicable fees for the Services they have used, even if the sale is completed off of the Services (such as, to the extent applicable, cash on delivery, pay on pickup, or paid by check or money order).

Except for applicable credit card service charges and taxes, we do not charge fees to buyers, but we do charge fees to Contractors as a portion of the proceeds from each sale as specified in the Contractor Terms. Changes to fees are effective after we post notice of the changes on the Services. Updated fees are applied to Hardscaping Services listings placed after the notice is posted. Users are responsible for paying all taxes associated with their use of the Services. Transactions will be made via credit card or other payment methods that we accept. HireScapes reserves the right to withhold all or a portion of the fees if it believes that you have attempted to defraud or abuse HireScapes or HireScapes’ payment systems.

All transactions will be executed using a third-party payment processor (“Payment Processor”) and may be subject to a service charge. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and you hereby authorize HireScapes (or our Payment Processor) to debit your payment card or user account of the amount of the purchased Hardscaping Services (including any taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly. In the event that you want to change or update payment information associated with your online HireScapes account, you can do so at any time by logging into your account and editing your payment information. You acknowledge that the amount billed may vary due to promotional offers, changes to your order or changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount. All payments will be made in U.S. dollars. Users will be asked to provide customary billing information such as name, billing address and payment information.

HireScapes’ fees and charges are not refundable. Your ability to obtain a refund for Hardscaping Services purchased through the Services will depend upon the terms of Contractor’s refund policy. Details regarding a Contractor’s refund policies are available on the Hardscaping Services listing.

HireScapes, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, will have no bearing whatsoever on your offer or contract. HireScapes may change its fees as HireScapes deems necessary for our business. HireScapes encourages you to check our website periodically for any changes to HireScapes’ fees.

Feedback

Separate and apart from Submissions, any unsolicited suggestions, ideas, proposals or other material submitted to HireScapes by users via the Services (“Feedback”) is non-confidential and non-proprietary, and shall become the sole property of HireScapes. HireScapes shall own exclusive rights, including, without limitation, all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Third-Party Content

We may display content, including advertisements and promotions, from third parties through the Services or may otherwise provide information about or links to third-party products or services (collectively, “Third-Party Content”). We do not control, endorse or adopt any Third-Party Content, and we make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your business dealings, correspondence with, or other interactions with third parties providing Third-Party Content, and any terms, conditions, warranties or representations associated with such dealings and interactions are solely between you and such third parties. HireScapes is not responsible or liable in any manner for such dealings and interactions or Third-Party Content, nor for any loss or damage of any sort incurred as the result of any such dealings or interactions or as the result of the presence of Third-Party Content on the Services.

Privacy

Please refer to our Privacy Policy [insert hyperlink] for information about how we collect, use and disclose information about you.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY HIRESCAPES, THE SERVICES AND THE HIRESCAPES CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. HIRESCAPES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AS TO THE SERVICES AND THE HIRESCAPES CONTENT CONTAINED THEREIN. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM HIRESCAPES WILL CREATE ANY WARRANTY. HIRESCAPES DOES NOT REPRESENT OR WARRANT THAT HIRESCAPES CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

HIRESCAPES MAKES NO WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO PRODUCTS, SERVICES AND INFORMATION OFFERED BY CONTRACTORS, AND THE CONDUCT OF USERS, WHETHER ONLINE OR OFFLINE. HIRESCAPES SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY OR OTHER CHARACTERISTICS OF SUCH PRODUCTS, SERVICES AND INFORMATION, OR WITH RESPECT TO THE CONDUCT OF ANY CONTRACTOR IN CONNECTION WITH SUCH SERVICES, WHETHER ONLINE OR OFFLINE. HIRESCAPES DOES NOT SPONSOR, ENDORSE, RECOMMEND OR APPROVE OF ANY CONTRACTOR. ADDITIONALLY, WE CANNOT AND DO NOT REPRESENT THAT ANY CONTRACTOR IS LICENSED, QUALIFIED, BONDED, INSURED, OR CAPABLE OF PROVIDING ANY PRODUCTS OR SERVICES, AND WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCTS, SERVICES OR INFORMATION THEY PROVIDE.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

All third-party hardware and other products included or sold with a Contractor’s Hardscaping Services or services are provided solely according to the warranty and other terms specified by the Contractor or manufacturer (as applicable), who is solely responsible for service and support for its Hardscaping Services. For service, support, or warranty assistance, you should contact the manufacturer directly. HIRESCAPES MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH THIRD-PARTY PRODUCTS, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL HIRESCAPES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES. ADDITIONALLY, HIRESCAPES WILL ONLY BE LIABLE FOR COVER DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIRD-PARTY PRODUCTS OR ANY AMOUNT IN EXCESS OF THE AMOUNT PAID BY YOU FOR THE HARDSCAPING SERVICES THAT GIVES RISE TO ANY CLAIM.

Limitation of Liability

You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with other users and Contractors.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL HIRESCAPES, OR HIRESCAPES’ AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR HIRESCAPES’ SUPPLIERS (“HIRESCAPES PARTIES”) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR HIRESCAPES CONTENT, INCLUDING WITHOUT LIMITATION, DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICES OR FROM THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE SERVICES (INCLUDING BUT NOT LIMITED TO BODILY INJURY, DEATH OR PROPERTY DAMAGE, WHETHER ONLINE OR OFFLINE), MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HIRESCAPES’ RECORDS, PROGRAMS OR SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF HIRESCAPES OR THE HIRESCAPES PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES OR TO THESE TERMS EXCEED THE GREATER OF (A) THE AMOUNT OF CONTRACTOR FEES YOU PAY TO HIRESCAPES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100.00. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold HireScapes and the HireScapes Parties harmless from any losses, liabilities, damages, expenses, costs, claims or demands (“Claims”), including attorneys’ fees, made by any third party due to or arising out of (a) your breach of these Terms; (b) your use of the Services; (c) any Submissions you create, post, share, upload to, transmit, distribute, store or otherwise publish on or through the Services; (d) any feedback you provide; and (e) or your violation of any law or the rights of a third party. You agree to promptly notify HireScapes Parties of any third-party Claims, cooperate with HireScapes Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims. You also agree that the HireScapes Parties will have control of the defense or settlement, at HireScapes’ sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and HireScapes or the other HireScapes Parties.

Release

Any dispute between you and another user, including Contractors, must be resolved between yourselves. To the fullest extent permitted by applicable law, you release HireScapes and the other HireScapes Parties from liability, claims, demands and damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or in any way connected with disputes between users and the acts or omissions of third parties. IF YOU ARE A CONSUMER WHO RESIDES IN CALIFORNIA, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE § 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 DEBTOR.”

Dispute Resolution, Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH HIRESCAPES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

15.1 Binding Arbitration

Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 5 or Section 6 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and HireScapes agree (a) to waive your and HireScapes’ respective rights to have any and all Disputes arising from or related to these Terms, or the Services, HireScapes Content or Hardscaping Services, resolved in a court, and (b) to waive your and HireScapes’ respective rights to a jury trial. Instead, you and HireScapes agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court).

15.2 No Class Arbitrations, Class Actions or Representative Actions

You and HireScapes agree that any Dispute arising out of or related to these Terms or the Services, HireScapes Content or Hardscaping Services is personal to you and HireScapes and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and HireScapes agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and HireScapes agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.

15.3 Federal Arbitration Act

You and HireScapes agree that these Terms affect interstate commerce and that the enforceability of this Section 16 shall be both substantively and procedurally governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.

15.4 Notice; Informal Dispute Resolution

You and HireScapes agree that each party will notify the other party in writing of any arbitrable or small claims Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to HireScapes shall be sent by certified mail or courier to Hirescapes Inc. 1865 Main St #92 East Windsor Hill CT, 06028. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your HireScapes account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically in accordance with Section 2 and will include (x) our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (y) a description in reasonable detail of the nature or basis of the Dispute, and (z) the specific relief that we are seeking. If you and HireScapes cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or HireScapes may, as appropriate and in accordance with this Section 16, commence an arbitration proceeding or, to the extent specifically provided for in Section 16.1, file a claim in court.

15.5 Process

EXCEPT FOR DISPUTES ARISING OUT OF OR RELATED TO A VIOLATION OF SECTION 5 OR SECTION 6 OR DISPUTES IN WHICH EITHER PARTY SEEKS TO BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT OR SEEKS INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR THE ALLEGED UNLAWFUL USE OF INTELLECTUAL PROPERTY, INCLUDING, WITHOUT LIMITATION, COPYRIGHTS, TRADEMARKS, TRADE NAMES, LOGOS, TRADE SECRETS OR PATENTS, YOU AND HIRESCAPES AGREE THAT ANY DISPUTE MUST BE COMMENCED OR FILED BY YOU OR HIRESCAPES WITHIN ONE (1) YEAR OF THE DATE THE DISPUTE AROSE, OTHERWISE THE UNDERLYING CLAIM IS PERMANENTLY BARRED (WHICH MEANS THAT YOU AND HIRESCAPES WILL NO LONGER HAVE THE RIGHT TO ASSERT SUCH CLAIM REGARDING THE DISPUTE). You and HireScapes agree that (a) any arbitration will occur either in (i) the State of Connecticut, County of Hartford, (ii) telephonically, or (iii) in the county where you reside, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of Connecticut and the United States, respectively, sitting in the State of Connecticut, County of Hartford, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

15.6 Authority of Arbitrator

As limited by the FAA, these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

15.7 Rules of JAMS

The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

15.8 Severability

If any term, clause or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 16 will remain valid and enforceable. Further, the waivers set forth in Section 16.2 are severable from the other provisions of these Terms and will remain valid and enforceable, except as prohibited by applicable law.

15.9 Opt-Out Right

You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 16 by writing to: Hirescapes Inc. 1865 Main St #92 East Windsor Hill CT, 06028. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes on an individual basis in accordance with Section 17.

Governing Law and Venue

If any provision of these Terms is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. You and HireScapes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. HireScapes reserves the right to modify or terminate the Services for any reason, without notice, at any time. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to Hello@hirescapes.com All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. Exclusion of European Economic Area Customers. You agree to access and use Services only within the jurisdictions in which HireScapes operates. If you are a resident of the European Economic Area (“EEA”), you may not access or otherwise use the Services or provide HireScapes with any Personal Information (as defined in the Privacy Policy) or cause HireScapes to receive any Personal Information of any EEA resident.

Changes to These Terms

If any provision of these Terms is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. You and HireScapes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. HireScapes reserves the right to modify or terminate the Services for any reason, without notice, at any time. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to Hello@hirescapes.com All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. Exclusion of European Economic Area Customers. You agree to access and use Services only within the jurisdictions in which HireScapes operates. If you are a resident of the European Economic Area (“EEA”), you may not access or otherwise use the Services or provide HireScapes with any Personal Information (as defined in the Privacy Policy) or cause HireScapes to receive any Personal Information of any EEA resident.

Miscellaneous

If any provision of these Terms is held unenforceable, then the provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms will remain in full force and effect. You and HireScapes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. HireScapes reserves the right to modify or terminate the Services for any reason, without notice, at any time. Unless otherwise specified herein, all notices will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to Hello@hirescapes.com All provisions of these Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210. Exclusion of European Economic Area Customers. You agree to access and use Services only within the jurisdictions in which HireScapes operates. If you are a resident of the European Economic Area (“EEA”), you may not access or otherwise use the Services or provide HireScapes with any Personal Information (as defined in the Privacy Policy) or cause HireScapes to receive any Personal Information of any EEA resident.