YAFN TERMS OF SERVICE

Last updated: March 2018

Thank you for using Your Assistant For Now ("YAFN")! These Terms of Service (“Terms”) govern your use of the YAFN services, including YAFN’s website, YAFN’s mobile applications, and any websites (or portions thereof) or mobile applications that are operated by YAFN (collectively, the “Services”), and are entered into by you and YAFN LLC (d/b/a YAFN), a Delaware corporation (“YAFN”).

By using the Services, you agree to be bound by these Terms and acknowledge and agree to the collection, use and disclosure of your personal information in accordance with YAFN’s Privacy Policy.

The Services comprise a platform that presents you with a directory of individual Personal Assistants (“Personal Assistants”) who are available for dispatch to your location to assist with a specified activity, assignment, or project. In some cases, the assistance you request may be performed by third parties including a retailer or third party logistics provider (collectively, “Third Party Providers”).

Performance or delivery of the assistance you request may be conducted by each individual Personal Assistant’s select method. You acknowledge that Personal Assistants are third party independent contractors who are not employed by YAFN.

When you use the Services, unless otherwise specified, you acknowledge and agree that YAFN and the Personal Assistant are acting as your agents and are not selling goods to you. You agree that YAFN will obtain a credit card authorization for your credit card on file with YAFN to cover the cost of the services you have requested and any separate YAFN fees, and your card will be charged for the total amount calculated upon completion of the work, plus any applicable fees. Your card may be temporarily authorized for an amount greater than the total amount charged upon completion of the work.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and YAFN, YAFN does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. YAFN reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the sites is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).

1. Your Use of the Services

YAFN grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and YAFN’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have YAFN’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that YAFN provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant YAFN a non-exclusive, royalty-free, worldwide, transferable, sub-licenseable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. YAFN may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, YAFN will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using YAFN on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Assistants and individuals who provide customer support on behalf of YAFN. YAFN reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We are constantly modifying and improving the Services. YAFN may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide YAFN with any feedback on or comments regarding the Services, you grant YAFN the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests.

2. YAFN Communications

By creating an YAFN user account, you agree to accept and receive communications from YAFN or Personal Assistants, including via e-mail, text message, calls, and push notifications to the cellular telephone number you provided to YAFN. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of YAFN, its affiliated companies and/or Personal Assistants, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings. You may also opt-out of receiving text messages from YAFN by replying “STOP” from the mobile device receiving the messages.

3. YAFN Executive

YAFN Executive is a monthly membership that provides on-call personal assistant services for a monthly or yearly fee. Special Services are subject to availability and service fees, special handling fees, and/or taxes may still apply.

We understand that life is busy. Therefore, BY DEFAULT (AND WITH PRIOR NOTICE TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR YAFN EXECUTIVE MEMBERSHIP WILL AUTOMATICALLY RENEW, AND THE APPLICABLE MEMBERSHIP FEE WILL BE AUTOMATICALLY CHARGED TO YOU AT THE TIME OF RENEWAL. If you do not want your membership to automatically renew, you can change this default in your Account Settings.

You can cancel your YAFN Executive membership at any time in your Account Settings. If you participated in a free or other promotional membership period for YAFN Executive, you may cancel within the first 48 hours of your paid YAFN Executive membership and receive a pro rata refund of your YAFN Executive fee. For all other members, if you cancel your YAFN Executive membership within the first 14 days, YAFN will refund your YAFN Executive fee on a pro rata basis. If you cancel at any other time, you will not receive a refund, but you can continue to enjoy the Special Services through the end of your billing period.

From time to time, YAFN may offer some customers trial or other promotional memberships to YAFN Executive. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer. Only one trial or promotional membership is available per household. YAFN will bill you the applicable fee after your free trial period has expired. If you cancel YAFN Executive before the trial period has expired, YAFN will not charge you. YAFN may change the monthly or annual fee charged for YAFN Executive at any time, but any such fee change will not apply to current YAFN Executive members until such time as your current membership expires and your membership is renewed for another term.

We may change other terms or conditions applicable to YAFN Executive from time to time. Any new or renewed YAFN Executive memberships will be subject to the terms and conditions active at that time and displayed when you sign up for YAFN Executive. YAFN may also make such changes with respect to current YAFN Executive memberships. In that case, YAFN will provide you with notice at checkout of the changes and when those changes will take effect. If you disagree with the changes to your current YAFN Executive membership terms and conditions, you may cancel your YAFN Executive membership and receive a refund of your membership fee on a pro rata basis calculated from the end of the month during which you cancel the membership.

Your YAFN Executive membership cannot be transferred or assigned. YAFN reserves the right to accept, refuse, or cancel your YAFN Executive membership at any time in its sole discretion. If YAFN cancels your YAFN Executive membership, you will receive a refund of your membership fee on a pro rata basis calculated from the end of the month during which your membership was cancelled.

4. Third-party Products and Content

You agree that YAFN does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that YAFN will have no liability based on such purchase, use, or access.

5. SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YAFN DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YAFN MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL ASSISTANTS OR THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YAFN DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF PERSONAL ASSISTANTS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL ASSISTANTS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU. ALTHOUGH YAFN MAY REQUIRE PERSONAL ASSISTANTS TO PASS A BACKGROUND CHECK IN ORDER TO BECOME INDEPENDENT CONTRACTORS, PASSAGE OF THE BACKGROUND CHECK SHOULD NOT BE CONSTRUED AS AN ENDORSEMENT OF A PERSONAL ASSISTANT. YOU MAY REQUEST THAT A PERSONAL ASSISTANT SHOW YOU PROOF OF IDENTITY OR QUALIFICATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER YAFN NOR ITS AFFILIATES, PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL ASSISTANT OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL ASSISTANT OR THIRD PARTY PROVIDER. NEITHER YAFN NOR ITS AFFILIATES, PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL ASSISTANT OR THIRD PARTY PROVIDER.

If you have a dispute with one or more Personal Assistants or Third Party Providers, you agree to release YAFN (including YAFN’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

6. LIMITATION OF LIABILITY

THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IN NO EVENT SHALL YAFN (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF YAFN OR YAFN’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL YAFN (INCLUDING ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL ASSISTANTS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF YAFN OR YAFN’S AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YAFN, ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL ASSISTANTS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU FOR MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO YAFN FOR THE PAST 12 MONTHS OF THE SERVICES.

7. Indemnification

You agree to defend, indemnify and hold harmless YAFN and its officers, directors, employees, agents, shareholders, affiliates, and partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

8. Disputes & Arbitration

If you have a dispute with YAFN arising out of your use of the Services, this Section 8 applies. You agree to contact YAFN first and attempt to work out any such dispute amicably.

You agree to the following mandatory arbitration provisions:

Mandatory Arbitration: If we are unable to work out a solution amicably, both you and YAFN agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.

CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YAFN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.

PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.

In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.

Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.

Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing YAFN at information@yafn.com with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.

Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.

The arbitration will be held in the United States county where you live or work, Maryland, or any other location you and YAFN mutually agree upon in writing.

Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules. However, YAFN will pay for your reasonable arbitration fees where: (a) the claim for damages does not exceed $75,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). YAFN will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).

9. Termination

You can stop using the Services at any time and without notice to us. Similarly, YAFN may terminate access to the Services to you or any other users or stop offering all or part of the Services at any time without notice. In the event of Termination, Section 1 and Sections 4-13 survive and continue to apply to you.

10. Controlling Law

To the extent permitted by applicable law, these Terms will be governed by the laws of the State of Maryland. To the extent permitted by applicable law, any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 8 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of Prince Georges County, Maryland, and you and YAFN consent to the personal jurisdiction of the court.

11. Entire Agreement & Severability

These Terms, subject to any amendments, modifications, or additional agreements you enter into with YAFN, shall constitute the entire agreement between you and YAFN with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

12. No Waiver

YAFN’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

13. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. YAFN may assign its rights, licenses, and obligations under these Terms without limitation.

14. Changes to the Terms

We may make changes to these Terms from time to time. When YAFN does so, YAFN will post the most current version of the Terms on YAFN’s website and, if a revision to the Terms is material, YAFN will notify you of the new Terms (for example, by email or a notification on the Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.

15. Contact Information

If you have any questions, complaints or comments about the Services contact YAFN at: information@yafn.com or by phone at 202-907-7596.

16. Stripe

Payment processing services for YAFN's on YAFN.VIP are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to [this agreement / these terms / etc.] or continuing to operate as a YAFN on YAFN.VIP, 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 YAFN.VIP enabling payment processing services through Stripe, you agree to provide YAFN.VIP accurate and complete information about you and your business, and you authorize YAFN.VIP to share it and transaction information related to your use of the payment processing services provided by Stripe.