Terms & Conditions
This Website and the services of WeMulch (the “Services”) are offered to you, conditioned on your acceptance without modification, of the following terms, conditions, and notices contained in this agreement (the “Terms and Conditions”).
Your use of this Website or submission of service requests via telephone constitutes your agreement to all such terms, conditions, and notices in effect at such time. These Terms and Conditions apply to any Services or properties such as websites or apps owned and operated by WeMulch (including but not limited to wemulch.com) and collectively referred to herein as “WeMulch,” on which a link to these Terms & Conditions appears.
If you have any questions regarding these Terms & Conditions, you may contact us at firstname.lastname@example.org. We may amend these Terms & Conditions at any time by posting a revised version of these Terms and Conditions. These Terms & Conditions were last updated on August 24, 2021
Important: Please review this agreement carefully. In particular, please review the mutual arbitration provision in section 20
1. INTRODUCTION TO WEMULCH
Upon registration, you may choose your own password or WeMulch will assign you a password to access the Services through the WeMulch website or apps.
2. THE STANDARD SERVICES
At WeMulch we are committed to making your total WeMulch experience a positive one. There are several ways you can find service professionals through WeMulch (collectively, “Service Professionals”). Also you may select or search for individual Service Professionals from our Live Map, a directory of Service Professional members along with their ratings and reviews.
- Upon entering your information and the request for which you would like a Service Professional, we will attempt to match you with up to four Service Professionals in your area, who may be interested in fulfilling your service need. However, we do not guarantee that we will be able to match your service needs with a Service Professional or that there are Service Professionals in your area that are either capable or willing to complete your service needs.
- Listing/Map.You can view a directory of Service Professionals in your selected zip code who provide services in the project categories that you select. These listings include ratings and reviews of those Service Professionals from their customers, when available.
- No Guarantees or Endorsements. Although we take certain steps to examine the credentials of the Service Professionals listed on our website or whom you may book using our Services, we make no guarantees, warranties or representations regarding the skills or undertakings of such Service Professional or the quality of the job that he or she may perform for you if you elect to retain their services. WeMulch does not endorse or recommend the services of any particular Service Professional. Except as set forth below in Section 12, we do not independently verify their representations about their services, nor validate any reviews. It is entirely up to you to evaluate the Service Professional and the Service Professional’s qualifications, and to enter into a direct contract or otherwise reach agreement with a Service Professional. We do not guarantee or warrant any Service Professional’s performance on the job or the outcome or quality of the services performed. The Service Professionals are not employees or agents of WeMulch, nor is WeMulch an agent of the Service Professionals.
- No Contracting via the WeMulch Website. WeMulch may inform you of certain offers or discounts provided by a Service Professional. Such offers or discounts are made solely by the Service Professional, and WeMulch does not guarantee or warrant the pricing or discounts that a Service Professional may offer you. Any quotes provided by Service Professionals via WeMulch or apps, or which you find on the WeMulch or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on or via WeMulch. No contractual arrangement is created based upon the quotes provided to you from Service Professionals (or your scheduling of an appointment with a Service Professional) via WeMulch. To contract with a Service Professional, you must work directly with the Service Professional. WeMulch does not perform, and is not responsible for, any of the Services requested by you in your service request. Your rights under contracts you enter into with Service Professionals are governed by the terms of such contracts and by applicable federal, state, provincial and local laws. WeMulch is not a party to such agreements. All payments and applicable taxes must be made to the Service Professional in accordance with the agreements.
- Release from Damages or Claims.
Should you have a dispute with respect to any services provided by a Service Professional or the fees charged by any Service Professional, you must address such dispute with the Service Professional directly (although you may copy WeMulch on the fee disputes). You hereby agree to release wemulch (and our officers, directors, shareholders, affiliates, employees and agents) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with service professionals..
3. YOUR USE OF THE WEMULCH SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of WeMulch is for your personal use and not for advertising or commercial purposes. You agree not to copy/collect WeMulch content via robots, spiders, scripts, scrapers, crawlers, or any automated or manual equivalent (e.g., by hand). You may not use WeMulch to recreate or compete with WeMulch, to solicit or harass Service Professionals, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to WeMulch for any such damages, and will indemnify WeMulch in the event of any claims against WeMulch based on or arising from your violation of the foregoing. We reserve the right to revoke your access to any WeMulch Services, products or properties at any time. All information about Service Professionals is confidential and for your personal use only. If it is determined or suspected by WeMulch in its sole discretion that you are misusing or attempting to misuse or circumvent the WeMulch services or system, or are using or attempting to use them for any inappropriate or non-personal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, WeMulch reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
- When a project has been completed, you may be offered the ability to pay your Service Professional directly via the WeMulch mobile application (“Payments”). If your Service Professional has opted in to Payments, you will be able to log into your WeMulch App, select which Service Professional you are paying, enter the amount of the payment, and input your method of payment (only credit card is permitted). Your Service Professional may also initiate the payment request. By using Payments even where you were not previously a WeMulch member, you are agreeing to WeMulch’s terms and conditions.
- By participating in Payments and agreeing to the WeMulch Terms, you agree that WeMulch is authorized to charge your method of payment for the amount selected by you in the App, and to for WeMulch’s payment processor, Stripe, to store such credit card information in case of future payments. The Service Professional will have sixty (60) days after you submit your payment to collect the payment. Should the Service Professional opt out of Payments at any time or fail to collect your payment within this fourteen day period, you will be notified and the payment will be refunded to your method of payment. In this case, you will need to pay the Service Professional directly, and you represent and warrant that you will promptly do so for the full amount owed for your project.
- You authorize WeMulch to confirm that your method of payment is in good standing with the issuing financial institution, including, but not limited to, by submitting a request for a payment authorization and/or a low dollar credit and/or debit to the method of payment in accordance with the relevant card association as applicable. WeMulch, in its sole and absolute discretion, may refuse to approve or may terminate existing enrollments for Payments with or without cause or notice, other than any notice required by any applicable law, and not waived herein. Payments made through Payments are also subject to the terms and conditions governing your method of payment between you and the issuer of your method of payment. You are responsible for any charges and related fees that may be imposed under the terms and conditions of your method of payment.
- You acknowledge and agree that your payments through Payments are transactions between you and the Service Professional and not with WeMulch or any of its affiliates. WeMulch is not a party to your payments unless expressly designated as such on the WeMulch website. You also agree that WeMulch may update your payment information, including expiration date and card number, due to information received under certain account updater programs created by payment networks. Under these programs, enrolled card issuers and merchants can provide and/or receive up to date payment card-related information from payment networks regarding your method of payment stored by WeMulch. WeMulch may reflect these changes to your stored payment information to prevent payment failure or service termination.
- You also agree that a Service Professional, and WeMulch acting on behalf of the Service Professional, may resubmit a payment for processing one or more times in the event that a prior payment made through WeMulch Pay is declined or returned by the payment network.
- Payments may not be used to process a payment, or otherwise transfer money between you and a Service Professional, that is unrelated to your purchase of services from the Service Professional. You may not use Payments to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use Payments to purchase any services or products that violate these Terms, other policies or rules applicable to Payments, or applicable law. Failure to comply with these limitations may result in suspension or termination of your use of Payments and/or your WeMulch account.
- Except as set forth in these Terms, all payments processed are non-refundable to you by WeMulch and are non-reversible by you through Payments. You may have additional refund or charge-back rights under your method of payment issuer agreement or applicable state and federal laws.
- You agree to release WeMulch, its affiliates, and their agents, contractors, officers and employees, from all claims, demands and damages (actual and consequential) arising out of or in any way connected with a dispute related to Payments. You agree that you will not involve WeMulch in any litigation or other dispute arising out of or related to any transaction, agreement, or arrangement in connection with Payments. If you attempt to do so, (i) you shall pay all costs and attorneys’ fees of WeMulch and its affiliates and shall provide indemnification as set forth below, and (ii) the jurisdiction for any such litigation or dispute shall be limited as set forth in Section 21. However, nothing in these Terms waives any rights, claims or defenses that you may have with respect to a payment under an agreement with your method of payment issuer, the card association rules or applicable state and federal laws. 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.
- Payment processing services are provided by Stripe and are subject to the Stripe Connected Account Agreement, located at https://stripe.com/us/connect-account/legal, which includes the Stripe Terms of Service, located at https://stripe.com/us/legal (collectively, the Stripe Services Agreement). By agreeing to these Terms herein, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of participating in Payments through Stripe, you agree to provide WeMulch accurate and complete information about you, and you authorize WeMulch to share it and transaction information related to your use of the payment processing services provided by Stripe.
5. WEMULCH MEMBERSHIP
- Select: WeMulch may from time to time offer consumers the opportunity to purchase certain Fixed Price Services and other WeMulch services at a discount provided the consumer first agrees to purchase an annual WeMulch Membership (“WeMulch Membership”). Any discounts obtained through WeMulch Membership cannot be combined or used with any other discounts, coupons or offers on the Fixed Price Services.
- BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase WeMulch Membership, you will be billed immediately for your initial WeMulch embership subscription period. By Enrolling in wemulch savings membership, in addition to any professional services you purchase through wemulch savings membership, you authorize wemulch to charge you for your initial wemulch savings membership subscription period and a recurring annual membership at the then current rate, which may change from time to time. Your wemulch savings membership will automatically renew and prior to the start of the next subscription period, you will be charged the applicable wemulch savings membership fee to your provided payment method on a recurring basis until canceled as set forth herein. Unless you notify us before a charge that you want to cancel or do not want your wemulch savings membership to auto renew, you understand that your wemulch savings membership will automatically continue and you authorize wemulch (without notice to you unless required by applicable law) to collect the then applicable membership fee and any taxes, using any eligible payment method we have on record for you.
- Cancellation Fees: The cancellation and rescheduling of any Fixed Price Service while you are enrolled in WeMulch Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.
- Declination of Payment: If an eligible payment method WeMulch has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your WeMulch Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your WeMulch Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.
- CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A WEMULCH SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR WEMULCH SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT WEMULCH SAVINGS MEMBERSHIP RENEWAL DATE.
- You may cancel your WeMulch Savings Membership by contacting support at email@example.com. Following cancellation of your WeMulch Membership you will continue to have access to WeMulch Membership through the end of your current paid WeMulch Membership period. Should you cancel WeMulch Membership, WeMulch reserves the right to cancel any Fixed Price Service appointments scheduled outside the current paid WeMulch Membership period.
6. OFFERS AND DISCOUNTS.
- Referral Discounts. In the event that you are given a code through which you may refer a friend to WeMulch in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. WeMulch referral discounts are redeemable for Fixed Price Services or service requests made through WeMulch Pay on the WeMulch App (you must download the WeMulch App to use WeMulch Pay and redeem your discount). WeMulch referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section.
- Promotional Coupons.
- Promotional coupons are only eligible for the specific services designated by WeMulch. Promotional coupons are valid for a limited time only and expires on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. WeMulch reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons.
- WeMulch promotional coupons have no intrinsic value, is not redeemable for cash, has no cash value, and serves merely as a means to recognize and provide an incentive to use WeMulch. Promotional coupons may not be purchased for cash and WeMulch does not sell promotional coupons. Promotional coupons are nonrefundable.
- Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you; and/or fees or charges for use of any ineligible services.
- Your WeMulch account will be billed for all fees and charges for use of any ineligible services. Each promotional coupon can only be used once and your WeMulch account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.
No other discount, promotion, coupon or offer of the Service Provider, displayed by, promoted by, offered by, or obtained through, WeMulch, may be used in connection with a Service Request. Any discount, promotion, coupon or offer made by a Service Provider in connection with a Service Request, is made solely at the discretion of the Service Provider, and is made directly by and between the Service Provider and you.
7. INFORMATION YOU PROVIDE TO US/TCPA CONSENT
Upon using WeMulch, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information, such as home services records, on our website or apps. Some of this information will be sent to Service Professionals, who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are requesting, and you expressly consent to being contacted by us and by our Service Professionals, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable “Do Not Call” list, in order that we may provide the Services set forth on our site, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related emails. You also authorize WeMulch to send you an automated prerecorded call confirming your service request, along with calls from up to four service professionals that can help you with your request to the land-line or mobile phone number you provided, and you understand that either WeMulch or the Service Professionals may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the WeMulch website, communications concerning promotions run by us, and news concerning WeMulch and industry developments, and that your consent is not required to purchase products or services. For complete details on our use of your information, please see our privacy statement. You agree that by completing a service request, you are entering into a business relationship with WeMulch and/or a Service Professional and thus agree to be contacted by WeMulch and/or a Service Professional. You promise that all information you provide (including but not limited to your contact information, and any Ratings and Reviews of Service Professionals that you provide) will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or WeMulch has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WeMulch has the right to refuse any current or future use of the WeMulch Services (or any portion thereof) by you. You are responsible for any use of the WeMulch Services by persons to whom you intentionally or negligently allow access to your password. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You also acknowledge that WeMulch or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to WeMulch’s use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Professional using a telephone number provided by WeMulch. During this process, WeMulch 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 WeMulch’s use and disclosure of this call data for its legitimate business purposes.
To knowingly input false information, including but not limited to name, phone number, address or e-mail address is a very serious and fraudulent matter that could result in significant costs and damages including invasion of privacy rights, to wemulch and the service professionals, and to consumers, as well as the loss of time, effort and expense responding to and pursuing such false information and request, and further, could result in regulatory fines and penalties. Accordingly, if you knowingly input false information in a service request, including but not limited to some one else’s name, e-mail address, physical address or phone number or a random or made up name, address, e-mail or phone number you agree to fully indemnify and be liable to wemulch and each service provider who accepts such service requests, for the greater of: (1) a minimum amount of $11,000 to each of wemulch and each of the affected service professionals and for each of the actual person(s) affected by any of the improper, incorrect or fraudulent information you enter (for example the actual owner of the e-mail address or phone number, etc.), per improper submission, plus any attorneys fees costs and expense relating thereto, if applicable, or (2) the actual damages, direct, punitive and consequential, and any regulatory or judicial fines or penalties that may arise from such intentional, misleading, harmful and fraudulent activity, plus reasonable legal fees, cost and expenses relating thereto, which ever is greater
8. WEMULCH MESSAGING
- You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from WeMulch, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply. Message frequency will vary. WeMulch reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. WeMulch also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. WeMulch, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that WeMulch and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from WeMulch through any other programs you have joined until you separately unsubscribe from those programs.
Text the keyword HELP to our shortcode to return customer care contact information.
- You acknowledge that by opting out of receiving text (SMS) messages from WeMulch and the Service Professionals, your use of WeMulch Services may be impacted. WeMulch and its affiliates may view, store, access and disclose messages exchanged between you and consumers transmitted via WeMulch’s messaging platform.
9. DISPUTE RESOLUTION ASSISTANCE
While we cannot guarantee the work performed by a listed Service Professional, and while we have no obligation to you with regard to your relationship with a Service Professional, the WeMulch resolution process has been developed to try and assist you in resolving any disputes that may arise in the course of any forestry or vegetation management project with a Service Professional who you learned about through the WeMulch Services. Without modifying our statements under this Agreement, we may, upon your request, provide limited assistance in resolving disputes between you and a Service Professional. You must participate and use good faith efforts to resolve problems through the WeMulch resolution process. Such limited assistance in no way nullifies the release and indemnification described in these Terms & Conditions. You agree not to refuse to pay a Service Professional without a good faith basis for doing so. You agree that WeMulch is not responsible for the accessibility or unavailability of any Service Professional or for your interactions and dealings with a Service Professional.
10. CALL RECORDING
You acknowledge and agree that WeMulch may monitor and/or record any telephone calls between you and WeMulch.
11. USER GENERATED CONTENT
- Photographs or Images,
- Comments, Questions and/or Answers,
- Any other content
(known collectively as “Content”) is the sole and exclusive property of WeMulch, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary or confidential. You authorize us and our affiliates, licensees and sub-licensees, without compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant WeMulch and its users a perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, print, publish, disseminate and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the WeMulch and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to WeMulch, you represent and warrant to WeMulch that you own or have all necessary rights to use the Content, and grant to WeMulch the rights granted below. The forgoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. WeMulch reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any WeMulch owned or operated websites or apps if WeMulch determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
- References to illegal activity.
- Language that violates the standards of good taste or the standards of this Site.
- Statements that are or appear to be false.
- Comments that disparage WeMulch.
- With respect to Ratings and Reviews of service professionals, all of the above and in addition the following:
- Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “work has not started yet”).
- Comments concerning a different Service Professional.
- Information not related to work requested in the service request.
- If a dispute arises between a consumer and professional, the rating submitted may be held in pending status until resolution is reached. You represent and warrant that any Rating and Review provided by you is accurate and truthful, and that your will only provide a Rating and Review for a service professional that has performed services for you pursuant to your applicable service request.
12. SERVICE PROFESSIONAL PRESCREENING PROCEDURES AND DISCLAIMERS
- Unless otherwise noted on the screening tab of a Service Professional’s profile page, wemulch.com uses the following criteria as part of its registration enrollment process (“registration”) for new Service Professional businesses, with the exception of Corporate Accounts (as described below) and service professionals providing services in Canada (neither of which are screened) applying for membership in our network. We perform the below screening at the time of the Service Professional business’ enrollment:
- Licensing –We confirm that a prospective new SP business has any applicable required state-level trade licensing for the services for which we match them to consumers. Certain states may require state-level licensing for projects above specified dollar amounts. We recommend you confirm these licensing requirements with the business and the applicable state and local licensing authorities. In some states, licensing may be required by the county or local authority in which the work is being performed. We recommend you confirm these licensing requirements before proceeding with your project. Larger projects often require the use of sub-contractors for specific types of work (for example, a kitchen remodel may require an electrician or plumber). We recommend you verify that all the sub-contractors doing work on your project carry the appropriate licensing. Given the unique nature of California licensing, WeMulch relies on representations of service professionals that are using a California General building contracting license to cover home improvement tasks that such service professionals are performing more than one task as defined and required by California licensing rules. We always recommend that you ask the business to provide you with a copy of their license.
- State Business Filings – For service professionals that are corporations or limited liability companies, we confirm that the business is registered in the state in which it is located.
- Criminal Records Search –We use third party data sources to conduct a criminal search, in the state in which the owner/principal of the company is located, for any relevant criminal convictions associated with the owner/principal of the business, within the three years prior to such service professional’s application for membership in the WeMulch network. WeMulch’s third-party vendor uses a national criminal database (“NCD”) to screen our service professionals. The comprehensiveness of the NCD varies by state. Please be aware that the reporting in the NCD is particularly limited in the following states: AL, CO, DE, GA, ID, KS, LA, ME, MA, MI, MS, MT, NE, NV, NH, NM, SD, UT, VA, VT, and WY.
- Sex Offender Search –We check the websites that consolidate state sex offender information in the state in which the owner/principal of the company is located to confirm that there is not a match based solely on the name of the owner/principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender websites for any individuals that will be performing work in your home.
- WE PERFORM THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE SERVICE PROFESSIONAL (E.G. NAME OF OWNER, BIRTHDATE).
NOTE: WEMULCH PERFORMS SCREENING SOLELY AT THE TIME THE SERVICE PROFESSIONAL APPLIES FOR MEMBERSHIP IN THE WEMULCH NETWORK, AND THEREFORE A SERVICE PROFESSIONAL’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME, AND BETWEEN SCREENINGS. THUS, WEMULCH CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. WEMULCH IS UNDER NO OBLIGATION TO UPDATE A SERVICE PROFESSIONAL’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH A SERVICE PROFESSIONAL YOU VERIFY THAT INFORMATION PRESENTED IN THE SERVICE PROFESSIONAL’S PROFILE IS STILL ACCURATE, CURRENT AND ACCEPTABLE TO YOU.
Corporate Accounts:Some Service Professionals are employees, franchisees, dealers, or independent contractors (“Corporate SP’s”) of larger national or corporate accounts (“Corporate Accounts”). In such event, you may be matched with the Corporate Account entity or with one of their Corporate SP’s. The above screening criteria is not applicable to Corporate Accounts, and therefore, WeMulch does not screen the Corporate Accounts or Corporate SP’s.
Service Professionals Profiles: WeMulch allows Service Professionals to post profiles about themselves and their business on the WeMulch or apps. WeMulch does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the Service Professional. WeMulch therefore makes no representations or warranties regarding any information posted by a Service Professional, and assumes no liability for such information.
The above procedures may change from time to time at the sole discretion of WeMulch. WeMulch believes that it uses commercially reasonable methods to check these matters but does not make any representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the WeMulch network. When it comes to screening, every system has its flaws. That is because no background system in the U.S. is one hundred percent accurate. WeMulch does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, error free, or that it is up to date or updated at the time that WeMulch checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
DISCLAIMER: WEMULCH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
- You may be matched with a service professional from our affiliate, Angi. These service professionals have not been screened per the procedure set forth in Section 12, but have undergone the screening set forth at www.angi.com/screening.
13. RATINGS & REVIEWS ARE NOT ENDORSED BY wemulch.com
All Ratings and Reviews of a Service Professional displayed to you reflect the opinions of other consumers, and do not reflect or represent the opinions or representations of WeMulch. WeMulch disclaims any and all representations or warranties with regard to the Ratings and Reviews. WeMulch does not assume responsibility or liabilityfor any Review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein.
15. PRODUCT LIABILITY
Neither WeMulch nor its affiliates will have any liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against WeMulch or its affiliates giving rise to any liability) arising out of any injury to individuals or property as a result of the ownership, possession, or use of any product sold, purchased, installed, or delivered by WeMulch or any of its affiliates.
16. LINKS TO THIRD PARTY SITES
The links in the WeMulch or apps will let you leave WeMulch’s Web site. The linked sites are not under the control of WeMulch and WeMulch is not responsible for the contents or functionality of any linked site or any link contained in a linked site, or any changes or updates to such sites. Your use of such third party linked sites is governed by the terms and conditions, and privacy policies, of such linked sites. WeMulch is not responsible for webcasting or any other form of transmission received from any linked site. WeMulch is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by WeMulch of the site.
17. THIRD PARTY COPYRIGHTS AND OTHER RIGHTS AND LIMITATIONS.
WeMulch respects the intellectual property rights of others. If you believe that your copyright has been infringed, please send us a notice as set forth in out Copyright and DMCA Policy, which is incorporated into these Terms and Conditions. For other intellectual property claims, please send us a notice at support@WeMulch.com. You acknowledge that WeMulch may use a third party for the delivery of some or part of the Services (the “Licensor”). You agree that these Terms and Conditions are concluded between you and WeMulch only and not with the Licensor, that (i) you have no contractual relationship whatsoever with the Licensor with respect to the Services; (ii) you are not a third party beneficiary of any agreement between WeMulch and Licensor; (iii) the Licensor has no obligation to provide any direct support or services to you with respect to the Services; and (iv) you have no right to seek remedy or recourse against the Licensor pertaining to the Services or these Terms and Conditions. WeMulch disclaims any and all warranties with respect to the Services provided to you, including any part of the Services provided by the Licensor.
18. NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
Permission to use documents (such as press releases, datasheets, content, informational items and FAQs) from the WeMulch server (“Server”) is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such documents from the Web site is for your informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Educational institutions (specifically K-12, universities and state community colleges) may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission of WeMulch. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the WeMulch or apps or any other WeMulch owned, operated, licensed or controlled site. Elements of the WeMulch or apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any WeMulch web Site may be copied or retransmitted unless expressly permitted by WeMulch. You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of this website. WEMULCH AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. WEMULCH AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE WEMULCH WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WEMULCH AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
19 USE OF MEDIAAND EXTERNAL LINKS
These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by WeMulch.com of any of the products, services or opinions of the corporation or organization or individual. WeMulch.com bears no responsibility for the accuracy, legality or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Media might be used from external pages like Freepik.com and its respective authors.
20. AGREEMENT TO ARBITRATE ALL DISPUTES AND GOVERNING LAW
- The exclusive means of resolving any dispute between you and WeMulch or any claim or controversy arising out of or relating to use of this Website and/or WeMulch’s services (including any alleged breach of these Terms and Conditions) shall be BINDING ARBITRATION administered by the American Arbitration Association, EXCEPT AS EXPRESSLY PROVIDED BY APPLICABLE FEDERAL OR STATE LAW. You may not under any circumstances commence, participate in or maintain against WeMulch any class action, class arbitration, or other representative action or proceeding.
- *NOTICE OF RIGHTS*. By using the Website and/or WeMulch’s services in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and WeMulch. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against WeMulch may be commenced only in the federal or state courts located in Denver County, Colorado. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
- These Terms and Conditions, and any dispute between you and WeMulch, shall be governed by the laws of the state of Colorado without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
21. GENERAL PROVISIONS
You acknowledge and agree that the WeMulch Services are provided to you on an “AS IS” basis without any warranty whatsoever, and your sole and exclusive remedy, and WeMulch’s sole obligation to you or any third party for any claim arising out of your use of the WeMulch Services or the WeMulch or apps, is that you are free to discontinue your use of the WeMulch Services or the WeMulch or apps at any time. EXCEPT AS EXPRESSLY SET FORTH HEREIN, WeMulch EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND YOU AGREE THAT WeMulch SHALL HAVE NO LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WeMulch HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES AND PROVINCES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES AND PROVINCES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. The Terms and Conditions will inure to the benefit of WeMulch’s successors, assigns and licensees. If any provision of these Terms and Conditions shall be deemed unlawful, void or unenforceable, for any reason, by any court of competent jurisdiction that provision shall be modified in order to make it enforceable, while maintaining the spirit of the provision. Alternatively, if modification is not possible, such provision shall be stricken and shall not affect the validity and enforceability of the remaining terms. The failure of WeMulch to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. These Terms and Conditions are governed by the laws of the State of Colorado as such laws are applied to agreements entered into and to be performed entirely in the State of Colorado and between Colorado residents. You agree to submit to jurisdiction in Colorado and that any claim arising out of or related to these Terms and Conditions will be brought solely in a court in Denver County, Colorado. These Terms and Conditions constitute the entire agreement between you and WeMulch and supersede all oral and written negotiations or representations of the parties with respect to the subject matter hereof. These Terms and Conditions may not be modified or amended other than by an agreement signed by both parties.