Terms of Use

Updated June 4, 2024

ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement ("Terms"), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN, governs your access to, use of, and participation in the Platform made available by Yso Dirty. ("Yso Dirty," "we," "our," or "us") or through Yso Dirty and the entirety of your relationship with Yso Dirty. YOU UNDERSTAND AND AUTHORIZE YSO DIRTY TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE.

PLEASE READ THE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

All references to "you" or "your," as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

MODIFICATIONS

Yso Dirty reserves the right, in our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice. Yso Dirty will notify you of changes by posting on the Yso Dirty Terms of Use website and may also, in our sole discretion, notify you by sending you a message and/or otherwise notifying you when you are logged into your account. Modifications will become effective 30 days after the earliest of: (a) modifications being posted on the Platform; (b) Yso Dirty’s transmission of a message to you about the modifications; or (c) you are otherwise notified when you are logged into your account. Your use of the Platform after the expiration of the 30 days will constitute your consent to the changes. If you do not agree, you may not access or use the Platform.

ADDITIONAL TERMS AND POLICIES

Please review Yso Dirty's Privacy Policy, incorporated herein by reference, for information and notices concerning Yso Dirty's collection and use of your information. The provision and delivery of text messages by Yso Dirty or our text message service providers is governed by our SMS Terms and Conditions, which are expressly incorporated herein. Certain areas of and/or products on the Platform may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions or policies. If there is a conflict between these Terms and the terms and conditions or policies posted for a specific area or product, the latter take precedence with respect to your use of that area or product.

KEY TERMS

"Collective Content" means User Content and Yso Dirty Content together.
"Content" means text, graphics, images, music, software, audio, video, information, or other materials, including but not limited to profile information, service requests, quotes, message threads, reviews, scheduling and calendar information, and other information or materials available on or through the Platform.
"Consumer" means a User who is registered to search for students on the Platform, seeks services from students on the Platform, makes a booking with a student to purchase a service (or receive a quote in contemplation thereof), or otherwise uses the Platform to, or agrees to these Terms in order to, receive, pay for, review, or facilitate the receipt of services.
"Fee" means any amount charged by Yso Dirty to a User in connection with the Platform.
"Platform" means all Yso Dirty websites, mobile or other applications, software, processes, and any other services provided by or through Yso Dirty.
"Privacy Policy" means the Yso Dirty Privacy Policy located at https://www.ysodirty.com/privacy/, including any amendments, supplements or modifications thereto made from time to time.
"Service" means the services listed, quoted, scheduled, offered, fulfilled, or provided by students, or sought, scheduled, paid for, or received by Consumers, through the Platform.
"Student" means a User who uses, or is registered to use, the Platform to offer, provide, receive payment for, or facilitate the provision of services.
"Yso Dirty Content" means all Content Yso Dirty makes available on or through the Platform, including any Content licensed from a third-party, but excluding User Content.
"User" means a person or entity who completes Yso Dirty's account registration process, agrees to these Terms, utilizes any services offered by or through the Platform, or a person or entity who submits or receives a request through Yso Dirty, including but not limited to Students and Consumers.
"User Content" means all Content submitted, posted, uploaded, published, or transmitted on or through the Platform by any User or other user of the Platform, including but not limited to photographs, profile information, descriptions, postings, reviews, requests, messages, and payments made through the Platform, but excluding Yso Dirty Content and Feedback.

ELIGIBILITY, STUDENT REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and currently enrolled in a college or university and can form legally binding contracts under applicable law. By accessing or using the Platform, you represent and warrant that you meet these requirements.

By registering or using the Platform to offer, post, or provide services, Students represent and agree to follow all the terms of use and only work with college students that are currently enrolled in a college or university. Students are required to be present during the service being provided, regardless if other students are assisting the student account the appointment was made to. Students are responsible for the actions of any other students that they get to assist them to provide services through the platform. Students otherwise agree to comply with all applicable laws, including the California Consumer Privacy Act, any other applicable privacy laws, and the Telephone Consumer Protection Act, in their use of the Platform and any personal information obtained from the Platform.

Yso Dirty does not sell or otherwise provide services. Yso Dirty facilitates service transactions, which facilitation may include displaying a list of Student profiles, allowing Consumers and Students to send messages to each other, allowing for the booking of an appointment for the provision of services, assisting in the selection of a Student for certain Consumers, and processing payment for certain services. Consumers understand that any such facilitation does not constitute a warranty in relation to the services. Students understand and agree that using the Platform does not guarantee that anyone will engage them for services. Consumers understand that any services they solicit and/or pay for using the Platform are solicited directly from the Student providing such services.

Students understand and agree that they are customers of Yso Dirty and are not Yso Dirty employees, contractors, consultants, joint venturers, partners, or agents. Students acknowledge that they provide their own equipment, select their own jobs, develop their own expertise, are free to do jobs through other platforms and lead sources, and determine their own work schedule. Yso Dirty does not control, and has no right to control, the services a Student provides (including the details of how the Student provides such services) if the Student is engaged by a Consumer or any other person, except as specifically noted herein or on the Platform.

Pricing Policy

Yso Dirty regulates the pricing and options for the services provided through the platform. Students are required to follow the pricing set by Yso Dirty and are prohibited from adjusting the pricing or providing discounts not set by Yso Dirty. At times Yso Dirty may run promotions or discount pricing, with which students are required to perform services at the promotion rates. Yso Dirty will inform students of these promotions prior to implementation. Yso Dirty reserves the right to adjust pricing per location and as needed for business purposes. Any student found to be violating this pricing policy can and will be suspended or blocked indefinitely from the platform. Yso Dirty is not responsible for appointment cancelations or will not pay or reimburse any student for loss of funds due to the cancelation.

Yso Dirty is not responsible for paying any students. Students are responsible for collecting payment from customers directly. Students are required and responsible for paying their student assistants according to their own agreement. Assistant students are encouraged to sign an agreement with the account holding student that details payment terms and obligations. All agreements must be in compliance with Yso Dirty privacy policies and terms of use. Yso Dirty will not get involved in payment issues. All students agree not to hold Yso Dirty liable for any agreements or payment issues.

All students are responsible for any damage to personal or business property of customers. Yso Dirty will not be liable for any damage to personal or business property.

Yso Dirty, as permitted by applicable laws, can obtain reports regarding Students, which may include history of criminal convictions or sex offender registration, and we may limit, block, suspend, deactivate, or cancel a Student’s account based on the results of such a report, with or without notice. As a Student, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports from Yso Dirty’s vendors. Students agree to inform Yso Dirty of any material criminal convictions that occur after any such reports are run.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

Users may access the Platform without registering for an account. To access and participate in certain features of the Platform, you will need to create a password-protected account ("Account"). You may register for an Account using certain third-party account and log-in credentials (your "Third-Party Site Password"), such as your Facebook or Google credentials. You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Yso Dirty password and, if applicable, your Third-Party Site Password. You are solely responsible for all activity that occurs on your Account, and you will notify Yso Dirty immediately of any unauthorized use. Yso Dirty is not liable for any losses by any party caused by an unauthorized use of your Account. You are liable for the losses of Yso Dirty or others due to any unauthorized use of your account related to your failure to comply with these Terms. Your account is nontransferable except with Yso Dirty’s written permission and in accordance with Yso Dirty policies and procedures.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Yso Dirty grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display Collective Content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Platform or Collective Content, except as expressly permitted in these Terms. The Platform and Collective Content are provided to you as is. If you download or print a copy of Collective Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Yso Dirty or our licensors, except for the licenses and rights expressly granted in these Terms.

USER CONTENT

We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. The contents of private messaging through the Platform will not be used by Yso Dirty in public advertising. By making available any User Content on or through the Platform, you hereby grant to Yso Dirty a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise utilize such User Content on, through, by means of or to promote, market, or advertise the Platform or services, or for any other purpose in our sole discretion. In the interest of clarity, the license granted to Yso Dirty will survive termination of the Platform or your Account. Yso Dirty does not claim ownership rights in your User Content and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit any such User Content submitted, posted, uploaded, published, or transmitted on or through the Platform by you.

You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Yso Dirty the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or Yso Dirty's use of your User Content (or any portion thereof) on, through, or by means of the Platform will infringe, misappropriate, or violate a third-party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. While Yso Dirty has no obligation to do so, you agree that Yso Dirty may edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.

Yso Dirty reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable, in violation of these Terms, or otherwise harmful to the Platform or Users, or for any other reason.

PROHIBITIONS

As a User of the Platform, you may not:

Use another person's Account, misrepresent yourself or services offered through the Platform, misrepresent your identity or qualifications, misrepresent a project or other information in a quote request, or post Content in any inappropriate category or areas on the Platform;
Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Platform for any purpose without Yso Dirty's prior written approval; provided, that the operators of public search engines may use spiders or robots to copy materials from the Platform for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such material (Yso Dirty reserves the right to revoke these exceptions either generally or in specific cases);
Copy text, or otherwise misuse or misappropriate Platform information or Content in any manual or automated manner including but not limited to, for use on a mirrored, competitive, or third-party site;
Take any action that (a) may unreasonably encumber the Platform's infrastructure; (b) interferes or attempts to interfere with the proper working of the Platform or any third-party participation; (c) bypasses measures that are used to prevent or restrict access to the Platform; (d) circumvents, disables or otherwise interferes with security features of the Platform; (e) distributes viruses or any other technologies that may harm Yso Dirty or our Users; (f) uses the Platform in a way that violates any copyrights, trade secrets, or other rights of any third-party, including privacy or publicity rights; or (g) circumvents or manipulates the Fee structure, billing, or Fees owed;
Use the Platform in any manner that circumvents, or that may be intended to circumvent, your obligation to pay Yso Dirty for access to services provided by the Platform or by Students;
Notwithstanding anything to the contrary contained in these Terms, collect, harvest, publish, or “sell” any personal information (as that term is defined by the California Consumer Privacy Act and/or any similar law or regulation), including but not limited to information related to Users for any reason not explicitly authorized by these Terms, including commercial solicitation purposes;
Violate any applicable laws or regulations;
Fail to comply with a User’s requests (including, those made on their behalf by Yso Dirty) to no longer receive phone calls, text messages, e-mails, or any other communications from you;
Recruit, solicit, or contact in any form Students or Consumers for employment or any other use not specifically intended by the Platform;
Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through the Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law;
Violate in any material respect any Yso Dirty policies that govern your use of the Platform and our interactions with you and third-parties;
Advertise or solicit a service not related to or appropriate for the Platform including, but not limited to any service that (a) is not in supported categories or provides only products; (b) provides directories or referrals; (c) offers lending; (d) offers rental space; (e) promotes events (such as a party or professional convention); (f) competes with the business of Yso Dirty; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance, or giveaways; or (i) offers a service not reasonably available to a Consumer or other individual in that Consumer or individual’s location;
Submit User Content that damages the experience of any User including but not limited to (a) requests to download non-Yso Dirty mobile applications and/or links that direct the User to mirrored websites where the User must enter information that is redundant with what has already been entered on Yso Dirty, (b) offers to purchase a service or any other service outside of Yso Dirty, or (c) using a profile page or User name to promote services not offered on or through the Platform;
Take any action that may undermine the efficacy or accuracy of reviews or ratings systems;
Fail to perform services purchased from you as promised, unless the applicable Consumer fails to meet a material term of the applicable agreement for such services (including by refusing to pay);
Seek to charge a Consumer for services when payment has already been, or is scheduled to be, initiated through Yso Dirty;
Engage in fraudulent conduct, including but not limited to offering to make money transfers with intent to request a refund of any portion of the payment or soliciting Users to mail cash or use other payment methods prohibited by Yso Dirty;
Sign up for, negotiate a price for, use, or otherwise solicit a service with no intention of following through with your use of or payment for the service;
Agree to purchase a service when you do not meet a Student's requirements;
Create more than one Consumer or Student Yso Dirty account without our written permission;
Circumvent, or seek to circumvent, payment through the Platform where payment through the Platform is indicated to you as mandatory or is initiated by a Consumer;
Fail to comply with any applicable laws or regulations related to your use of the Platform;
Share a Yso Dirty subscription across multiple households;
Seek to circumvent the terms of, or abuse, your Yso Dirty subscription;
Undertake any activity or engage in any conduct that is inconsistent with the business or purpose of the Platform; and
Attempt to indirectly undertake any of the foregoing.

YSO DIRTY FEES AND TAXES

In connection with the use of Yso Dirty's Platform, Yso Dirty reserves the right to charge booking fees and applicable taxes to customers and account upgrade fees and applicable taxes to student customers. Yso Dirty reserves the right to adjust all fees and taxes as needed for business purposes.

Students can pay Fees to Yso Dirty in order to receive premium services on the Platform, including but not limited to receiving contacts, bookings, or payments from Consumers or other individuals.

Penalty Fees for All Users

Yso Dirty may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center.

In addition, Yso Dirty may charge certain penalty Fees disclosed directly in the Platform, including cancellation Fees.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Yso Dirty cannot charge a payment method for any reason, Yso Dirty reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Yso Dirty or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Yso Dirty may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Taxes

Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines, or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of, or use of the services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Yso Dirty can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Yso Dirty when Yso Dirty includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Students or Consumers.

Yso Dirty does not withhold income taxes or submit income taxes on behalf of students. Students are required to complete their own taxes based on the income earned through the platform or from other students. No tax documents will be provided to any students for services provide through the platform.

TRACKING COMMUNICATIONS

In order to ensure appropriate charging of Fees and compliance with these Terms, Yso Dirty may track the occurrence of communications between Consumers and Students that occur off of the Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Consumer or Student. In order to track the occurrence of such communications, Yso Dirty may obscure Student contact information in a Student profile, replace Student contact information in a Student profile with a different piece of contact information that will forward to the Student, or take any other step reasonably calculated to track the occurrence of such the Platform cannot be resolved independently, you agree, at Yso Dirty's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Yso Dirty or a neutral third-party mediator or arbitrator selected by Yso Dirty. Notwithstanding the foregoing, you acknowledge and agree that Yso Dirty is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party.

SPONSORED INFORMATION

Yso Dirty may publicly display advertisements, paid content, and other sponsored information. The manner, mode, and extent of such advertising are subject to change without specific notice to you. Students may compensate Yso Dirty to highlight themselves in search results and therefore rank higher. Any such students will be clearly designated in applicable search results.

INTELLECTUAL PROPERTY RIGHTS

Yso Dirty Content is protected by copyright, trademark, patent, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Yso Dirty and our licensors exclusively own all right, title, and interest in and to the Platform and Yso Dirty Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Yso Dirty used herein are trademarks or registered trademarks of Yso Dirty. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

FEEDBACK

By sending us any feedback, comments, questions, or suggestions concerning Yso Dirty or our services, including our Platform (collectively, “Feedback”) you represent and warrant (a) that you have the right to disclose the Feedback, (b) that the Feedback does not violate the rights of any other person or entity, and (c) that your Feedback does not contain the confidential or proprietary information of any third-party or -parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Yso Dirty and our Users any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your Account or the Platform.

COPYRIGHT POLICY

We expect Users to respect copyright law. In appropriate circumstances, we will terminate the Account of any User who repeatedly infringes or is believed to be repeatedly infringing the rights of copyright holders. Please see our Copyright & DMCA Policy for more information.

NO ENDORSEMENT OR WARRANTY

Yso Dirty does not endorse, warrant or make any representation (except those expressly and unambiguously made by Yso Dirty directly on the Platform) concerning any User, or any services, and Yso Dirty is not a party to any agreements between or among users, Users, or third-parties. Yso Dirty does not perform services and disclaims all liability with respect thereto except to the extent expressly set forth in the Yso Dirty Guarantee. No agency, partnership, joint venture, or employment is created as a result of the Terms or any user's or User's use of any part of the Platform, including but not limited to any scheduling or other services. Neither Yso Dirty nor any Users or users of the Platform may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Users are required by these Terms to provide accurate information, and although Yso Dirty may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users, we do not make any representations about, confirm, or endorse any User or their purported identity or background, regardless of the specific Yso Dirty services they are using or any involvement by Yso Dirty personnel in providing or scheduling those services.

Yso Dirty may provide tips, lists, suggestions or similar content (collectively, “Home Care Tips”) concerning popular home maintenance or improvement projects. Following Home Care Tips may help mitigate common home maintenance and safety issues, but Home Care Tips are not comprehensive, nor are they tailored to any User’s specific home. Any advice given in connection with Home Care Tips is provided based on generalized, public knowledge concerning home maintenance and safety and is not provided by experts. Home Care Tips should be considered only in conjunction with the advice of licensed experts and should never be construed as comprehensive. Yso Dirty disclaims any warranties or representations with respect to Home Care Tips.

Any reference on the Platform or in any marketing to a User being licensed or credentialed in some manner, or "badged," “vetted”, “top rated”, "best of," "top," "background checked" (or similar language) designations indicates only that the User has completed a relevant account process or met certain review standards, and does not represent anything else. Yso Dirty does not background every Student that may provide services. Any such description is not an endorsement, certification or guarantee by Yso Dirty and is not verification of a Student’s identity and whether they or their services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform. You should always exercise due diligence and care when deciding whether to have any interaction with any other User. Yso Dirty offers a non-exhaustive list of safety tips to consider when hiring a Student. Except as specifically described in the Yso Dirty Guarantee and including its exclusions and limitations, Yso Dirty has no responsibility for any damage or harm resulting from your interactions with other Users.

The Collective Content may contain links to third-party websites, media, offers, or other events/activities not owned or controlled by Yso Dirty. We do not endorse or assume any responsibility for any such links, and if you access them, you do so at your own risk.

By using the Platform, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third-parties will be limited to a claim against those particular Users or other third-parties. You agree not to attempt to impose liability on or seek any legal remedy from Yso Dirty with respect to such actions or omissions.

SANCTIONS FOR VIOLATIONS OF THESE TERMS

Without limiting any other rights, Yso Dirty may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Yso Dirty, including but not limited to removing User Content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Yso Dirty in connection with your use of the Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Yso Dirty Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User Content, or receive assistance from Yso Dirty support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services or services canceled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time by following the "Settings" link in your profile, clicking "Account," and clicking "Deactivate Account." Please note that if your Account is canceled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Yso Dirty agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions.

This Section is intended to be interpreted broadly and governs any and all disputes between you and Yso Dirty, including but not limited to claims arising out of or relating to any aspect of the relationship between you and Yso Dirty, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of this Agreement. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below.

By agreeing to these Terms, you agree to resolve any and all disputes with Yso Dirty as follows:

Initial Dispute Resolution

Most disputes can be resolved without resort to litigation. You can reach Yso Dirty's support department at team@ysodirty.com. Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the Yso Dirty support department, and good faith negotiations will be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration

If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms or previous versions of these Terms (including the Terms' or Privacy Policy's formation, performance, and breach), the parties' relationship with each other, and/or your use of the Platform will be finally settled by binding arbitration, as described below.

Where the relief sought by you is $10,000.99 or less and you do not wish to bring the claim in small claims court, the arbitration will be conducted online by an online arbitration provider of our choosing in accordance with their applicable arbitration rules & procedures effective at the time a claim is made. Currently, you may initiate arbitration proceedings on the FairClaims website. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

Where the relief sought is $10,001.00 or more, resolution will be in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000.00 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000.00 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions. To initiate an arbitration with JAMS, you must do the following: (a) write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco, California 94111; and (c) send one copy of the Demand for Arbitration to Yso Dirty at [Yso Dirty's Address]. You will be required to pay $250 to initiate an arbitration against us. If the arbitrator finds the arbitration to be non-frivolous, Yso Dirty will pay all other fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own attorneys' fees unless the arbitration rules and/or applicable law provide otherwise.

The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms or the Privacy Policy, including but not limited to any claim that all or any part of these Terms or Privacy Policy is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator will be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award will be written and will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

If you are a resident of the United States, arbitration may take place in the county where you reside at the time of filing. For individuals residing outside the United States, arbitration will be initiated in the state of California, United States. You and Yso Dirty further agree to submit to the personal jurisdiction of any federal or state court in San Francisco County, California in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver

The parties further agree that the arbitration will be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND YSO DIRTY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above will be deemed null and void in their entirety and the parties will be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties' decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect your or our intellectual property rights ("intellectual property rights" means patents, copyrights, moral rights, trademarks, trade dress, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.

30-Day Right to Opt Out

You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending (from the email address you use on Yso Dirty) written notice of your decision to opt out to team@ysodirty.com with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of the later of the Effective Date of these Terms or your first use of the Platform; otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, Yso Dirty also will not be bound by them.

Changes to This Section

Yso Dirty will provide thirty (30) days' notice of any changes affecting the substance of this Arbitration and Class Action Waiver section by posting on the Yso Dirty Terms of Use website, sending you a message, or otherwise notifying you when you are logged into your account. Amendments will become effective thirty (30) days after they are posted on the Yso Dirty Terms of Use website or sent to you.

Changes to this section will otherwise apply prospectively only to claims arising after the 30th day. If a court or arbitrator decides that this subsection on "Changes to This Section" is not enforceable or valid, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator will apply the first Arbitration and Class Action Waiver section in existence after you began using the Platform.

Survival

This Arbitration and Class Action Waiver section will survive any termination of your Account or the Platform.

Third-Party Beneficiary

You and Yso Dirty acknowledge that any third-party consumer reporting agency that Yso Dirty uses to perform background checks on Students is an express and intended third-party beneficiary of this arbitration provision and as such, the terms of this Arbitration provision will inure to the benefit of the consumer reporting agencies and may be enforced by them. Accordingly, you agree that any dispute that arises between you and a consumer reporting agency that relates to or arises out of this Agreement or any aspect of your relationship with Yso Dirty will be resolved by binding arbitration. If any court or arbitrator determines that this third-party beneficiary subsection is void or unenforceable for any reason, then this subsection will be severed from the section entitled “Arbitration and Class Action Waiver,” and the remainder of the section will remain enforceable, meaning that the class action waiver and the mutual obligation to resolve disputes between you and Yso Dirty through binding arbitration remains enforceable.

GOVERNING LAW

The Terms and the relationship between you and Yso Dirty will be governed in all respects by the laws of the state of California, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Yso Dirty that is not subject to arbitration must be resolved by a court located in San Francisco County, California, or a United States District Court, Northern District of California, located in San Francisco, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within San Francisco County, California or the United States District Court, Northern District of California located in San Francisco, California, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

DISCLAIMERS

YOUR USE OF THE PLATFORM, SERVICES, OR COLLECTIVE CONTENT IS SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT YSO DIRTY DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING BUT NOT LIMITED TO STUDENTS AND CONSUMERS. THE PLATFORM IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YSO DIRTY AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH THIS PLATFORM OR THE SERVICES OFFERED ON OR THROUGH THIS PLATFORM; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. YSO DIRTY MAKES NO WARRANTY THAT THE PLATFORM OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YSO DIRTY ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE PLATFORM. YSO DIRTY WILL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YSO DIRTY OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CONSUMERS, STUDENTS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT YSO DIRTY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM OR TO REVIEW OR VET ANY SERVICES. YSO DIRTY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. YSO DIRTY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD-PARTIES.

YSO DIRTY MAY PROVIDE TO STUDENTS PHONE NUMBERS THAT CONSUMERS PROVIDE IN CONNECTION WITH A REQUEST. SUCH PHONE NUMBERS ARE NOT VERIFIED AND YSO DIRTY MAKES NO REPRESENTATION OR WARRANTY AS TO THEIR VALIDITY.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM AND COLLECTIVE CONTENT, YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF YSO DIRTY OR THIRD-PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER YSO DIRTY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YSO DIRTY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS; (E) THE USE OF OR INABILITY TO USE THE PLATFORM, SERVICES OR COLLECTIVE CONTENT; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING SERVICES OR REQUESTING OR RECEIVING SERVICES THROUGH THE PLATFORM.

IN NO EVENT WILL THE TOTAL, AGGREGATE LIABILITY OF YSO DIRTY AND OUR AFFILIATES AND SUBSIDIARIES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS, PLATFORM, SERVICES, AND/OR COLLECTIVE CONTENT, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM OR COLLECTIVE CONTENT OR IN CONNECTION WITH ANY SERVICES OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO YSO DIRTY BY YOU HEREUNDER, OR ONE HUNDRED U.S. DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN JURISDICTIONS THAT DO ALLOW LIMITATIONS OF LIABILITY, THE LIMITATION DESCRIBED ABOVE WILL APPLY FULLY TO RESIDENTS OF THOSE JURISDICTIONS.

INDEMNIFICATION AND RELEASE

You agree to release, defend, indemnify, and hold Yso Dirty and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your User Content; (c) your interaction with any User; and (d) the request or receipt or offer or provision of services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such services.

Notwithstanding the foregoing paragraph, if you are a resident of a jurisdiction where the foregoing is prohibited, you only agree to release, defend, indemnify, and hold Yso Dirty and our affiliates and subsidiaries, and respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

GENERAL

Force Majeure

Other than payment obligations, neither Yso Dirty nor you will be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond your or our control and without your or our fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, epidemics, acts of declared or undeclared war, acts of regulatory agencies, or other disasters.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to these Terms.

Contacting You and E-SIGN Consent

You agree that Yso Dirty may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Platform. With your consent, Yso Dirty, Consumers, Students, or other individuals may also contact you by telephone or through text messages cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations will not apply to residents of New Jersey.

Section Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

Contact Information

If you have any questions about these Terms or the Platform, please contact us by sending an email to team@ysodirty.com.

By using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree to these Terms, please do not use the Platform.

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