IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 15
This Agreement constitutes a legal agreement between you ("you" or "User") and Expert Genesis ("Expert Genesis" or ''EG" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.expertgenesis.ca, as it may be modified, relocated and/or redirected from time to time (the "Site").
By accessing, using or registering with the EG website, or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the EG website. EG's acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the EG website, you represent and warrant that:
(I) you are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and
(ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
• Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
• Your agreement that no claims can be adjudicated on a class basis.
• Your agreement that the EG website is provided "as is" and without warranty.
• Your agreement that the Expert Genesis Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that Handy has no liability for any Professional Services or any acts or omissions of third parties, with the exception of Expert Genesis Guarantee (Section 3(d)).
• Your agreement that EG Guarantee is limited to Payments paid by Requester through the EG website (Section 3(d)).
• Your acknowledgment of an agreement to pay EG's Trust and Support Fee that will be applied to each appointment of a Professional Service requested through the EG website (Section 3(e)).
• Your acknowledgment of an agreement to EG's cancellation policies and cancellation fees (Section 4).
• Your acknowledgment of an agreement to EG's cancellation policies and cancellation fees for a Cleaning/Babysitting/Beauty service Plan with a Minimum Commitment (Section 4(d))
• Your agreement to release EG website from liability based on claims relating to Professional Services and otherwise and your agreement to the limitation of time within which a claim can be brought.
• Your agreement to indemnify EG from claims due to your use, misuse or inability to use the EG website, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third-party rights, and/or content or information submitted from your account to the EG website.
• Your consent to any modifications or amendments to this Agreement.
1. The EG website is Solely a Venue for Communications; Background Checks.
a. The EG website is Solely a Venue for Communications. The EG website is a communications platform for enabling the connection between individuals seeking to obtain services ("Requesters") and/or individuals seeking to provide services ("Professionals"). Requesters and Professionals together are referred to as "Users". Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as "Professional Services". The Professional Services may include Housekeeping /Babysitting/Beauty services, but shall not be deemed to provide the service itself. EG itself does not provide Professional Services. However, the provision of all Professional Services is up to the Professionals, which may be scheduled through use of our website. Expert Genesis, THROUGH THE website, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER BY PROFESSIONALS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. EG IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD-PARTY MERCHANDISE PROVIDER OR RETAILER.
b. Background Checks. EG checks the backgrounds of Professionals via third party background check services to the extent permitted by applicable law. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE EG website, THE REQUESTER AGREES TO HOLD EG FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. EG IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
2. Personal Information; User Accounts.
b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the EG website. You are solely and fully responsible for all activities that occur under your password or account, except that EG may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. EG has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org. Nothing in this section shall affect EG's rights to limit or terminate the use of the EG website, as provided below in section 4(b).
c. Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
d. Text Messages and Phone Calls. By providing your phone number and using the EG website, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word "STOP" to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the EG website. You agree to EG’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional or Service Requestor on the EG website using a telephone number provided by EG. EG also masks the telephone number of the Service Requestor or Service Professional with whom you are communicating. During this process, EG and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to EG’s use and disclosure of this call data for its legitimate business purposes.
e. Emails. EG may send you confirmation and other transactional emails regarding the Professional Services. EG may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
3. Payments; EG Guarantee; Claims.
a. Payments. Users of the EG website contract for Professional Services directly with us. However, EG is not a party to any contracts for Professional Services. The EG website facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services ("Payments"). Requesters are obligated to pay in advance for the Professional Services they order through the EG website or by quote. We will charge the Requester's credit card according to the amount the Requester has agreed to. with respect to all Professional Services, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined in 3(e) below), and the Requester hereby authorizes us to charge the credit card on file in the Requester's EG website account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving EG (or a third-party payment processor on EG's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe EG. Depending on the transaction you selected or services requested, EG may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with EG at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Requester's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying EG. Requesters must notify EG either by changing the date or hours of the requested Professional Service through the EG website. All Payments by Requesters must be made through the EG website. Any Payments paid outside of the EG website are not subject to our EG Guarantee in Section 3(d). Except for the EG Guarantee in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Requester's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on EG's income).
b. Job Rate. The rate per hour for a Professional Service ("Job Rate") depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
c. Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis ("Recurrent Service"). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, EG will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester's credit card will be charged the same non-promotional amount, as originally disclosed to the Requester at the time of the signing up for Recurring Service, for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. EG cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by emailing EG at or by mailing a notice of cancellation to expert genesis, 153 jones Ave M4M3A2. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees for the next Professional Service. After signing up for a Recurrent Service, you will be provided an e-mail acknowledgment which includes information on how to cancel.
d. The EG Guarantee.
I. The EG Guarantee is available to Requesters and is the sole liability of EG to Requesters for the performance of Professional Services. If you are not satisfied with the quality of the initial Professional Service requested and paid for through the EG website, then EG will send another Professional to re-perform the Professional Service ordered at no additional charge to the Requester.
ii. The EG Guarantee also provides certain limited additional protections. Pursuant to the EG Guarantee and subject to the below conditions and limitations, EG will compensate Requesters: (a) up to USD $20,000 per occurrence for losses arising from property damage as a direct result of negligence of a Professional during performance of a Professional Service; or (b) Requesters up to USD $5,000 for losses arising from theft of a Requester’s property by a Professional during performance of a Professional Service. The Service Requester is eligible for the EG Guarantee provided that the Requester reports the issue within seventy-two (72) hours of the Professional Service appointment to our Requester service by writing us at email@example.com. For Recurring Services, each Professional Service is treated as a separate occurrence.
iii. EG Guarantee - Conditions & Exclusions; Your Primary Insurance. If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary and the EG Guarantee is secondary. The EG Guarantee will only compensate for losses to the extent not otherwise covered by Your Personal Insurance.
iv. Coverage Under the EG Guarantee. A Requester will be covered under the EG Guarantee for every Professional Service, subject to the exclusions below, provided:
• The Professional Service is agreed to between a Requester and a Service Professional through the EG website, performed by the Service Professional hired by the Requester and paid for in full through the EG website;
• Your Booking does not violate EG website of Use;
• You have reported the claim within 72 hours of the Professional Service; and
• Your EG account is in good standing with no outstanding balances owed to EG or Professionals.
v. What is excluded from the EG Guarantee? The “EG Guarantee” does not cover the following:
• losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes;
• losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
• losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
• losses arising from negligence of a Requester or third party;
• losses arising from a manufacturer’s or a product’s defects;
• losses from pre-existing damages or conditions of the item or property;
• losses arising from items supplied by the Requester or due to Requester recommendations (e.g., if a manufacturer recommends affixing furniture to a wall and a Requester declines to have furniture affixed, etc.);
• losses arising from flooding and/or water damage including mold, fungi or bacteria;
• losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
• losses of cash, third party gift cards and securities;
• losses as a result of theft of property in excess of USD 5,000 or any other intentional wrongful act by a Professional;
• losses arising from normal wear and tear;
• losses for items that retain their functionality;
• losses based on sentimental and/or undocumented intangible value;
• losses related to repairs outside of the area where the Professional Services were performed;
• losses of pets, personal liability or damage to shared or common areas;
• losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
• losses of theft without a valid police report, if requested by EG; and losses with insufficient documentation.
vi. How do I submit a Claim? First report of a claim must be made 72 after booking occurs. After first report, you will be asked to complete the full claim form within 7 days of receipt. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During EG’s claims assessment process, you may be required to provide written detailed:
(I) proof of ownership of damaged/missing item
(ii) proof of value of damaged/missing item and
(iii) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send EG the requested information. If You fail to provide the requested information within the 30-day time period and/or fail to contact Handy to arrange for an extension of time, your claim will be considered closed.
You also agree to:
(I) protect and preserve any damaged property that is the basis of a claim from further damage,
(ii) assist and allow EG or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim,
(iii) accept repairs and/or remediation by a Professional,
(iv) accept a replacement only if repairs are proven not to be an option,
(v) submit requested materials by the dates outlined by the EG resolutions team, and
(vi) accept a replacement item subject to the standard depreciation of that item.
If any part of Your claim is approved, then as a condition to any payment to You under the EG Guarantee, you will be required to execute and deliver to EG a release agreement and assign to EG or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered.
4. Term and Termination; Cancellation of Professional Services; Survival.
a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
b. Termination by EG. To the extent permitted by applicable law, we may terminate this Agreement or terminate or suspend your right to use the website at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the EG website, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct")) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the EG due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or email address, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, EG may delete the account and all the information in it. You have no ownership rights to your account.
c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use our website (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on our website. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by us.
d. Any Plan with a Minimum Commitment. If You have selected a plan with a minimum commitment, you will be subject to and charged a $150 cancellation fee should You elect to terminate the cleaning plan prior to the expiration of the minimum commitment period.
(I) Minimum Commitment Plan Term: Your minimum commitment plan term commences on the date of Your First Booking.
(ii) Minimum Commitment Plan Cancellation Fee: If You have selected a plan with a minimum commitment, you will be subject to and charged a cancellation fee up to $150 in the US and CAN, should You elect to terminate the plan prior to the expiration of Your minimum commitment period.
(iii) Rescheduling Cleaning Plan Bookings during the Minimum Commitment Period: You can reschedule any cleaning plan Booking for free at least 24 hours in advance of the scheduled start time, provided such rescheduled Booking will occur within the minimum commitment period. If You reschedule between 2-24 hours before a scheduled Professional Service appointment, you will be charged a $15 fee. If You reschedule during the 2 hours before a scheduled Professional Service appointment, you will be charged the full Professional Service amount. If you skip any cleaning plan Booking within the minimum commitment period or reschedule any cleaning plan Booking within the minimum commitment period to outside of the minimum commitment period, your credit card will be charged for the amount of the booking and in addition, your account will be credited amount you are charged. Such credit will be available for your use during the minimum commitment period only as a credit to use to book one-off replacement cleaning bookings or handyman bookings, and after the minimum commitment period ends, you may apply such credits to cleaning bookings and handyman bookings. No monetary refunds will be provided for plan Bookings that are skipped within the minimum commitment period or any cleaning plan Booking within the minimum commitment period that is rescheduled to outside of the minimum commitment period. In addition to the foregoing, if You skip any cleaning plan Booking between 2-24 hours before a scheduled appointment, you will also be charged an additional $15 cancellation fee and if You skip any cleaning plan Booking during the 2 hours before a scheduled appointment, you will be charged the full amount of the Booking, and will not be eligible for any credit.
(iv) Expiration of Cleaning Plan with Minimum Commitment. Once Your minimum commitment period is complete, your selected plan will remain active and Professionals will continue to be scheduled and charged to your credit card based on your selected time and frequency. You may cancel your plan in accordance with the cancellation policy set forth in 4(e) below.
e. Cancellation Policy for Service Cancellation by Requester of Plans without a Minimum Commitment and Cleaning Plans after completion of the Minimum Commitment period. EG's cancellation policy for specific Professional Services is as follows: Requesters may cancel their scheduled Professional Service appointments through the website at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels between 2-24 hours before a scheduled Professional Service appointment, the Requester will be charged a $15 cancellation fee. If the Requester cancels during the 2 hours before a scheduled Professional Service appointment, the Requester will be charged the full Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the EG Help Center at or by mailing a notice of cancellation to EG 153 jones ave M4M3A2, ON, Toronto.
f. Policy for Service Cancellation by Professional. When a Professional cancels a scheduled Professional Service appointment, EG generally notifies the Requester and makes the Requester's Professional Service request available for another Professional to select. However, EG cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. For Recurrent Service Requesters, if a Professional Service appointment is canceled by a Professional, Requester will not be charged for that Professional Service appointment. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the Service Agreement.
h. Survival. All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, shall so survive.
5. Rules for Use of our website. During the term of this Agreement, Requesters may use the website for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Requesters may use the website to book Professional Services solely with respect to a location where the Requester is legally authorized to have Professional Services performed. Requesters may not use the Expert Genesis Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Professional Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to treat Professionals courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to Professionals to enable them to supply Professional Services. Requesters agree to communicate any complaints to us and not to the Professionals. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that their selected Professional may be unavailable from time to time, e.g. due to illness, vacation or leaving the company. Professionals agree to provide Professional Services in accordance with all applicable laws and regulations and with the Service Agreement.
6. Employment and Withholding. Users do not have authority to enter into contracts or commitments, whether written or oral, implied or express, on behalf of EG. You acknowledge that we do not supervise, direct, or control a Professional's work or Professional Services performed in any manner. Professionals may wear a EG badge or other EG insignia purely for the purpose of identifying themselves as a Professional contacted through our website. EG is not an employment service and does not serve as an employer of any Professional. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, Canada Pension Plan or payroll withholding tax in connection with your use of Professional Services. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Professional Services, then you will immediately reimburse and pay to us an equivalent amount, including any interest or penalties thereon.
7. Intellectual Property Rights. The Expert Genesis Platform, and the information, data, content and materials, which it contains ("EG Materials"), are the property of EG and/or its affiliates and licensors, excluding User-generated content, which EG has a right to use as described below. The EG Materials are protected from unauthorized copying and dissemination by United States and Canadian copyright law, trademark law, international conventions, and other intellectual property laws. EG and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the EG Materials. Any use of EG Materials, other than as expressly permitted herein, is prohibited without the prior permission of EG and/or the relevant right holder. The service marks and trademarks of EG, including without limitation the EG logo are service marks owned by EG. Any other trademarks, service marks, logos and/or trade names appearing on our website are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on our website without the express prior written consent of the owner.
8. Copyright Complaints and Copyright Agent. EG respects the intellectual property of others, and expects Users to do the same. EG will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the EG infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to EG a properly submitted copyright notice as indicated below, EG will investigate, and if it determines, in its discretion, that the material is infringing, EG will remove the content and may terminate the access of the User who posted such content to the website in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(I) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that EG may find it on our website. Please note: it is not sufficient to merely provide a top-level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
9. Modifications to our website. We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, our website or any content or information on the website with or without notice. We will not be liable to any party for any modification or discontinuance of the website.
10. Confidentiality., confidential and proprietary information, personal information and all other information and data of EG that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The website contains secured components that are accessible only to those who have been granted a user name and password by EG. Information contained within the secure components of our website is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of EG and agree that you will not use Confidential Information other than as necessary for you to make use of the EG website as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify EG in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Handy upon termination of this Agreement for any reason whatsoever.
11. Disclaimer of Warranties; Limitation on Liability.
a. USE OF THE EG website IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE EG website IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER EG NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE EG website WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE EG website; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EG website, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE EG website OR THIS AGREEMENT. ACCESS TO THE EG website IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER EG NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE EG website (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER EG NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE EG website IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. EG AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
b. NO LIABILITY. YOU AGREE NOT TO HOLD EG, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE EG website, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY HANDY OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL EG OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE EG website OR ANY SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EG AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE EG website, THE PROFESSIONAL SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT EG OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO EG DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
c. RELEASE. EG AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE EG website. THE EG website IS ONLY A VENUE FOR CONNECTING USERS. TO THE EXTENT THAT THE EG website CONNECTS A USER TO A THIRD-PARTY PROVIDER FOR THE PURPOSES OF PROVIDING SERVICEE HEREUNDER, EG WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE EG FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY SERVICE PROVIDER. BECAUSE EG IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE EG AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR 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 DISPUTE.
d. ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED OR REQUESTED THROUGH THE USE OF THE EG website IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD-PARTY MERCHANDISE PROVIDER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE EG website, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE EG website, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
NOTHING IN THIS AGREEMENT OR THE EG website CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE EG website, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE EG SERVICES AND WEBSITE.
YOU ACCEPT THAT, AS A CORPORATION, EG HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST EG'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE EG'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS EG.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
17. Indemnification. You hereby agree to indemnify, defend, and hold harmless EG, its licensors, and each such party's directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly:
(I) your use or misuse of or inability to use the EG website, any Merchandise and/or any Professional Service,
(ii) your violation of this Agreement,
(iii) your violation of any applicable law or regulation;
(if) your violation of the rights of another (including but not limited to Professionals), and
(v) Your Information and content that you submit or transmit through the EG website. EG reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of EG.
12. Mutual Arbitration Agreement.
a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and EG, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and EG may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to EG.
b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and EG agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.
c. Excluded Disputes. You and EG agree that the following Disputes are excluded from this Arbitration Agreement:
(1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights;
(2) individual claims in small claims court;
(3) any claim that an applicable federal statute expressly states cannot be arbitrated; and
(4) any claim for injunctive relief.
d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
To fullest extent permitted by applicable law, You and EG agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.
f. Severability. You and EG agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this Section 12 will be given full force and effect.
13. Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments:
(I) to a parent or subsidiary,
(ii) to an acquirer of assets, or
(iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
14. General Provisions. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and EG with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to EG. EG's address for such notices is: and/or by mail to Expert Genesis corp 153 jones Ave. ON, Toronto, M4M3A2. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by EG, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. EG shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond EG's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Professionals to perform, flood, fire, explosion, acts of terrorism or accident.
15. Sever ability. These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
16. Contact Information. If you have any questions regarding this Agreement, please contact us at or by mail at the below address: Expert Genesis 153 jones Ave. ON, Toronto, M4M3A2.
Last update: May 09, 2017