Terms of Use

Effective: August 30th, 2023.

Updated: August 30th, 2023.

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These terms of service constitute a legally binding agreement (the “Agreement”) between you and Tenddwell, LLC (“Tenddwell” “we,” “us” or “our”) governing your use of the Tenddwell website and technology platform (collectively, the “Tenddwell Platform” or “Platform”). By entering into this Agreement, and/or by using or accessing the Tenddwell platform (whichever comes first) you expressly acknowledge that you understand this Agreement (including the dispute resolution provisions herein) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE TENDDWELL PLATFORM.

 

Platform

The Tenddwell Platform provides a platform where persons who seek assistance with product assembly, installation, delivery, and/or related services (“Customer”) can be matched with persons capable of providing such services (“Technicians”). Customers and Technicians are collectively referred to as “Users”. As a User, you authorize Tenddwell to match you with a Customer or Technician, as the case may be, based on factors such as your location, type of service requested, user preferences, and platform efficiency, and to cancel an existing match and rematch based on the same considerations. For purposes of this Agreement, the services provided by Technicians to Customers that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each Service provided by a Technician to a User shall constitute a separate agreement between such persons.

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Third Party Applications

The Tenddwell Platform may use and/or integrate with third-party software, applications, and/or website services. These services have their own respective Terms of Service and Privacy Policies. By using the Tenddwell platform, you agree to abide by the policies of any third-party service utilized by the Platform.

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Eligibility

The Tenddwell Platform may only be used by individuals who can form legally binding contracts under applicable law. The Tenddwell Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.

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Modification to the Agreement

In the event Tenddwell modify the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Tenddwell reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Tenddwell Platform or Services after any such changes shall constitute your consent to such changes.

 

Charges

As a Customer, you understand that request or use of the Services will result in charges to you (“Charges”). Charges include all applicable fees, surcharges, and taxes. Tenddwell has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms or quoting you a price for a specific service at the time you make a request. Pricing may vary based on the type of service you request. You are responsible for reviewing the applicable price quote and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.Your selected payment method will be charged for the full service fee upon completion of the appointment. Projects that cannot be fully completed due to missing parts, pieces, components, documentation, and/or project misrepresentation by Customer, or any other situation outside of Tenddwell’s control, will be charged the full service charge, and a follow-up appointment can be scheduled if the Customer so chooses for an additional charge.

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All Charges are facilitated through a third-party payment processing service. Tenddwell may replace its third-party payment processing services without notice to you. Charges shall only be made through the Tenddwell Platform. With the exception of tips, cash payments are strictly prohibited. Your payment of Charges to Tenddwell satisfies your payment obligation for your use of the Tenddwell Platform and Services. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Tenddwell Platform, any disruption to the Tenddwell Platform or Services, or any other reason whatsoever.You may receive coupons that you can apply toward payment of certain Charges upon completion of a Service. Coupons are only valid for use on the Tenddwell Platform, and are not transferable or redeemable for cash except as required by law. Coupons cannot be combined, and if the cost of your Service exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Service. Additional restrictions on coupons may apply as communicated to you in a relevant promotion or through other communications from Tenddwell. Upon addition of a new payment method or each Service request, Tenddwell may seek authorization of your selected payment method to verify the payment method, ensure the Service cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We will not be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.

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Fees for Service

Tenddwell will quote you a price for service at the time of your request. The quote is subject to change until the request is confirmed by the Customer and Technician.

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Other Charges

After requesting a Service you may cancel it through the Tenddwell Platform, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to be present at the place of service during the confirmed appointment arrival window.

 

Other fees and surcharges may apply to your Service, including: state or local fees and processing fees. In addition, where required by law Tenddwell will collect applicable taxes or other costs.

 

Following the completion of the Service, you may elect to tip your Technician in cash. Any tips will be retained entirely by the Technician.

 

Payments to Technicians

If you are a Technician, you will receive payment for your completion of Services pursuant to the terms of this Agreement and any other agreement that may be entered into between you and Tenddwell from time to time.

 

Technicians are entitled to a payment for the Services performed for Customers as calculated by Tenddwell and agreed upon by Technician when Technician confirms through the Platform to perform the Service. If a Technician cancels the Service, we may charge the Technician a cancellation fee. In addition to the foregoing types of payments that may be earned by Technician, Technician will receive the following payments, if applicable: (i) any tips provided by a Customer to you and (ii) any damage charges we collect on your behalf.

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Tenddwell, through its third party payment processor will be responsible for collecting payments owed to you by Customers as your limited payment collection agent and you agree that the receipt of such payments by Tenddwell satisfies the Customer’s obligation to you. Tenddwell expressly reserves the right to adjust or withhold all or a portion of such payment or other payment owed to you (except tips) provided that Tenddwell’s decision to adjust, deduct, or withhold payment shall be exercised in a reasonable manner and Tenddwell will take reasonable steps to remit such payments to you on a weekly basis, subject to Tenddwell’s reasonable business practices and events outside of Tenddwell’s reasonable control. You acknowledge and agree that all payments owed to you shall not include any interest and will be net of any amounts that Tenddwell may withhold. Tenddwell may suspend Technician or impose a monetary penalty on account of deficient or untimely Services.

 

Communications

By entering into this Agreement or using the Platform, whichever comes first, you agree to receive communications from us, including via email, text message, phone calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Tenddwell, its affiliated companies and/or Technicians, may include but are not limited to: operational communications concerning your User account or use of the Tenddwell Platform or Services, updates concerning new and existing features on the Tenddwell Platform, communications concerning promotions run by us or our third-party partners, and news concerning Tenddwell. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. You may opt out of text message, phone call, and/or email correspondence at any time; however, you acknowledge that doing so may impact your ability to use the Platform.

 

Your Information

Your Information is any information you provide, publish or post to or through the Tenddwell Platform (including any profile information you provide) or send to other Users (including via in-application feedback, any email feature, or through any Tenddwell-related Facebook, Twitter or other social media posting) (your “Information”). You consent to us using your Information to create a User account that will allow you to use the Tenddwell Platform and participate in the Services. Our collection and use of personal information in connection with the Tenddwell Platform and Services is as provided in Tenddwell’s Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for the online posting of your Information. You agree to provide and maintain accurate, current, and complete information and that we and other members of the public may rely on your Information as accurate, current and complete. To enable Tenddwell to use your Information for the purposes described in the Privacy Policy and this Agreement, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to exercise the intellectual property (including copyright), publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information, to prepare derivative works, and incorporate into other works, such Information, in each case in any media now known or not currently known. Tenddwell does not assert any ownership over your Information; rather, as between you and Tenddwell, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information.

 

Promotions and Discounts

Tenddwell, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing on your Agreement or relationship with Tenddwell. Tenddwell reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Tenddwell determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.

 

Restricted Activities

With respect to your use of the Tenddwell Platform and your participation in the Services, you agree that you will not:impersonate any person or entity; stalk, threaten, or otherwise harass any person; violate any law, statute, rule, permit, ordinance or regulation; interfere with or disrupt the Tenddwell Platform or the servers or networks connected to the Tenddwell Platform; post Information or interact on the Tenddwell Platform or Services in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal; use the Tenddwell Platform in any way that infringes any third party’s rights;

post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; manipulate identifiers in order to disguise the origin of any information transmitted through the Tenddwell Platform;“frame” or “mirror” any part of the Tenddwell Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other website for any purpose; modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Tenddwell Platform or any software used on or for the Tenddwell Platform; rent, lease, lend, sell, redistribute, license or sublicense the Tenddwell Platform or access to any portion of the Tenddwell Platform; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, data mine, or in any way reproduce or circumvent the navigational structure or presentation of the Tenddwell Platform or its contents; transfer or sell your User account, password and/or identification to any other party; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or cause or assist any third party to engage in the restricted activities above.

 

Technician Agreements

By providing Services as a Technician on the Tenddwell Platform, you represent, warrant, and agree that: You will never attempt to collect payment for Service(s) from Customer through means outside of the Platform. You are liable for any damages caused to a third party’s property and belongings, while representing Tenddwell and performing a service you claimed through Tenddwell and that you will reimburse the customer and/or Tenddwell for any damages in connection with the damages you caused while performing the services in question. You will present yourself in a professional, courteous, and friendly manner while performing Service(s). You possess a valid driver’s license and are authorized and medically fit to operate a vehicle and have all appropriate licenses, approvals and authority to provide Services. You own, or have the legal right to operate, all personal property you use when providing Services, and such personal property is in good operating condition and meets the industry safety standards and all applicable legal requirements, if any. You will not engage in reckless behavior while performing the Services, permit any third party other than another authorized Technician to accompany you while providing Services, provide Services while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of Users, Tenddwell, or third parties. You will not attempt to defraud Tenddwell or Customers on the Tenddwell Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold all applicable payments for the Service(s) in question. You agree that we, or our designee, may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement. You agree at all times while you are a Technician to have and maintain at your expense your own valid policy of liability insurance coverage that names you or schedules you for provision of Services in such amounts and with such non-monetary requirements consistent with all applicable legal obligations and as Tenddwell may require from time to time. You shall provide proof of such coverage to Tenddwell from time to time upon Tenddwell’s request. You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

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Intellectual Property

All intellectual property rights in the Tenddwell Platform shall be owned by Tenddwell absolutely and in their entirety. These rights include database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Tenddwell Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Tenddwell as of the moment of creation or provision to Tenddwell, whichever occurs first. Tenddwell shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Tenddwell and other Tenddwell logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Tenddwell in the United States and/or other countries (collectively, the “Tenddwell Marks”).You acknowledge that Tenddwell is the owner and licensor of the Tenddwell Marks, including all goodwill associated therewith. You agree that you will not: (1) use, allow others to use, or create any materials that use the Tenddwell Marks or any derivatives of the Tenddwell Marks as a trademark, service mark, trade name or trade dress, other than as expressly approved by Tenddwell in writing; (2) use the Tenddwell Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Tenddwell Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Tenddwell’ rights as owner of the Tenddwell Marks or the legality and/or enforceability of the Tenddwell Marks, including, challenging or opposing Tenddwell’ ownership in the Tenddwell Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Tenddwell Marks, any derivative of the Tenddwell Marks, any combination of the Tenddwell Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Tenddwell Marks; (5) use the Tenddwell Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.If you create any materials bearing the Tenddwell Marks (in violation of this Agreement or otherwise), you agree that upon their creation Tenddwell exclusively owns all right, title and interest in and to such materials, including any modifications to the Tenddwell Marks or derivative works based on the Tenddwell Marks. You further agree to assign any interest or right you may have in such materials to Tenddwell, and to provide information and execute any documents as reasonably requested by Tenddwell to enable Tenddwell to formalize such assignment.

Tenddwell respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Tenddwell Platform or Services infringe upon your copyrights, please contact us at info@tenddwell.com.

 

Disclaimers

The following disclaimers are made on behalf of Tenddwell, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.We cannot ensure that a User will complete an arranged Service. We have no control over the quality or safety of the Services performed by a Technician. We do not guarantee and do not promise any specific results from use of the Tenddwell Platform and/or the Services, including the ability to provide or receive Services at any given location or time. To the fullest extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

 

We do not warrant that your use of the Tenddwell Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error-free, or will meet your requirements, that any defects in the Tenddwell Platform will be corrected, or that the Tenddwell Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Tenddwell Platform or Services. We cannot guarantee that each User is who he or she claims to be.

 

Tenddwell is not responsible for the conduct, whether online or offline, of any User of the Tenddwell Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal property of any User. By using the Tenddwell Platform and participating in the Services, you agree to accept such risks and agree that Tenddwell is not responsible for the acts or omissions of Users on the Tenddwell Platform or participating in the Services.You are responsible for the use of your User account and Tenddwell expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.We are not responsible for the use of any personal information that you disclose to other Users on the Tenddwell Platform or through the Services. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”). Opinions, advice, statements, offers, or other information or content concerning Tenddwell or made available through the Tenddwell Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Tenddwell Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Tenddwell Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. Location data provided by the Tenddwell Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Tenddwell, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Tenddwell Platform. Any of your Information you provide on the Tenddwell Platform may be accessible to Tenddwell and certain Users of the Tenddwell Platform.

 

Indemnity

You will forever release, defend, indemnify, and hold Tenddwell and our affiliates, subsidiaries, parents, successors and assigns, and each of our and their respective officers, directors, employees, attorneys, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) relating to or arising out of your use of the Tenddwell Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including other Users, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Tenddwell Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of any personal property used in or related to the Services, including your provision or receipt of Services; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.

 

Limitation of Liability

IN NO EVENT WILL TENDDWELL, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “TENDDWELL” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE Tenddwell PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE Tenddwell PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING, INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TENDDWELL PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT Tenddwell HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.​

 

Term and Termination

This Agreement is effective upon your use of the Tenddwell Platform. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Tenddwell; or b) by either Party immediately, without notice, upon the other Party’s material breach of any provision of this Agreement. In addition, Tenddwell may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services, or fail to comply with rule, permit, ordinance or regulation; (2) you fall below Tenddwell’s star rating or cancellation threshold; (3) Tenddwell has the good faith belief that such action is necessary to protect the safety of the Tenddwell community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Tenddwell reasonable satisfaction prior to Tenddwell permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Tenddwell satisfaction, this Agreement will not be permanently terminated. All provisions that by their nature should survive the termination or expiration of this Agreement shall survive any termination or expiration of this Agreement.​

 

Dispute Resolution and Venue

This Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, excluding choice of law rules. Jurisdiction and Venue for any action shall be exclusively in the state or federal courts serving the County of Berks, Pennsylvania, to which jurisdiction and venue the parties irrevocably consent. The parties exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.​

 

Confidentiality

You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Tenddwell’ business, operations and properties, software (including the Tenddwell website), information about a User made available to you in connection with such User’s use of the Tenddwell Platform, which may include the User’s name, location, contact information and photo (“Confidential Information”) disclosed to you by Tenddwell for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all necessary measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Tenddwell in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Tenddwell with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Tenddwell or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Tenddwell; becomes known to you, without restriction, from a source other than Tenddwell without breach of this Agreement by you and otherwise not in violation of Tenddwell’ rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that you shall provide prompt notice of such court order or requirement to Tenddwell to enable Tenddwell to seek a protective order or otherwise prevent or restrict such disclosure. Notwithstanding the generality of the foregoing, You agree not to reverse engineer, disassemble, decompile, or otherwise modify or disclose any Tenddwell software or other tangible or intangible property which contain Confidential Information.

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Technician’s Relationship with Tenddwell

As a Technician on the Tenddwell Platform, you acknowledge and agree that you and Tenddwell are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Tenddwell expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Tenddwell; and (2) no joint venture, franchisor- franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Tenddwell, and you undertake not to hold yourself out as an employee, agent or authorized representative of Tenddwell. You further acknowledge and agree that you are not an employee of Tenddwell for any purpose, including, inter alia, for purposes of the Fair Labor Standards Act, the Employee Retirement Income Security Act, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act and Income Tax Withholding, or for the purposes of any employee benefit plans or “fringe benefits” which may otherwise be offered by Tenddwell to its employees. You shall be responsible for compliance with all laws and regulations with respect to its provision of Services and for all applicable withholding, self-employment and employment related taxes imposed by any taxing jurisdiction.Tenddwell does not, and shall not be deemed to, direct or control a Technician generally or in your performance under this Agreement specifically, including in connection with a Technician’s provision of Services or a Technician’s acts or omissions. Each Technician retains the sole right to determine when, where, and for how long he or she will utilize the Tenddwell Platform. Each Technician retains the option to accept or to decline or ignore a Customer’s request for Services via the Tenddwell Platform, or to cancel an accepted request for Services via the Tenddwell Platform, subject to Tenddwell’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Tenddwell shall have no right to require you to: (a) display Tenddwell’s names, logos or colors on your vehicle(s) or other property; or (b) wear a uniform or any other clothing displaying Tenddwell’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.You shall at all times while you are a Technician obtain and maintain at your expense your own liability insurance coverage in such amounts and with such non-monetary requirements as Tenddwell may require from time to time. You shall provide proof of such coverage to Tenddwell from time to time upon Tenddwell’s request.​

 

Other Services

In addition to connecting Users, the Tenddwell Platform may enable Users to provide or receive goods or services from other third parties (collectively, the “Other Services”). You understand that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Tenddwell Platform, you authorize Tenddwell to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Tenddwell is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Tenddwell Platform.

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Additional Terms

Some Services may have additional Terms that are not outlined in this document. In such cases, Terms specific for a Service will be presented to the Customer during the buying process. Upon requesting Service, Customer agrees to any additional Terms for that Service.Technician agrees to additional terms as outlined in the Service Provider Agreement.​

 

Severability

If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions of this Agreement. In that event, the parties shall replace the invalid or non-binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Tenddwell, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Tenddwell shall be given by certified mail, postage prepaid and return receipt requested to: Tenddwell, 875 Berkshire Blvd, Suite 102, Wyomissing, PA 19610. Any notices to you shall be provided to you through the Tenddwell Platform or given to you via the email address or physical you provide to Tenddwell during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The words “include”, “includes” and “including” are deemed to be followed by the words “without limitation”. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Tenddwell with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.

 

If you have any questions regarding this agreement, please contact us at info@tenddwell.com or 609-949-6866.