RDU CONTRACTORS USER AGREEMENT
IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 33.
- SHOULD YOU SELECT A TASK IN WHICH YOU (THE HOMEOWNER) ARE PROVIDING MATERIALS AND RUN OUT; THE TECHNICIAN WILL BE COMPENSATED $15 PER 1/4 HOUR. YOU MAY SIMPLY RESCHEDULE RDU CONTRACTORS LLC TO RETURN TO COMPLETE THE PROJECT BY THE HOUR TO COMPLETE YOUR PROJECT.
- TO ENSURE YOU ARE SATISFIED WITH YOUR PROJECT, RDU CONTRACTORS WILL SEND A FOLLOW UP EMAIL. SHOULD YOU NOT BE SATISFIED WE RESCHEDULE THE TECHNICIAN TO RETURN AND ADDRESS THE CONCERNS.
- IF AFTER THE RETURN VISIT, THE CLIENT IS NOT SATISFIED THE RDU CONTRACTOR ARBITRATION TEAM WILL MAKE ALL EFFORTS TO MEDIATE THE PROJECT RESOLUTION.
- APPOINTMENT TIMES ARE TARGET TIMES. TECHNICIANS ARE TO EMAIL IN ADVANCE SHOULD THEY BE EARLIER OR LATER THAN THE SCHEDULED TIME. THE CLIENT HAS THE DECISION TO RESCHEDULE OR CANCEL THE APPOINTMENT.
- TECHNICIANS ARE NOT EMPLOYEES OF RDU CONTRACTORS, BUT CARRY LIABILITY INSURANCE AND MAINTAIN WORKMANS COMPENSATION ACCORDING TO STATE LAW.
- TECHNICIANS ARE TO ABIDE BY JOB DESCRIPTIONS AND RDU CONTRACTORS PRACTICES. SHOULD YOU SEE A TECHNICIAN NOT FOLLOWING DESCRIBED PROTOCOL, PLEASE TAKE A PHOTO AND RECEIVE A RDU CONTRACTOR GIFT CARD.
- ANY TECHNICIAN THAT ENTERS YOUR HOME OR BUSINESS IS TO WEAR SHOE COVERINGS.
- TECHNICIANS ARE TO HAVE NO SEXUAL OR VIOLENT CRIME HISTORY. TECHNICIANS ARE NOT TO HAVE ANY THEFT HISTORY. RDU CONTRACTORS WILL PURCHASE VERIFICATION FROM A 3RD PARTY BACKGROUND CHECK.
- RESCHEDULING OR CANCELING OF APPOINTMENTS NEED TO BE DONE AT LEAST 1 HOUR BEFORE THE SCHEDULED TIME.
- RESPOND TO ADMIN@RDUCONTRACTORS.COM REGARDING ANY ISSUES
- This Agreement constitutes a legal agreement between you (“you” or “User”) and RDU Contractors LLC (“RDU Contractor” or “us”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.rducontractors.com, as it may be modified, relocated and/or redirected from time to time (the “Site”), and the mobile applications offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “RDU Contractors Platform”.
- By accessing, using or registering with the RDU Contractors Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the RDU Contractors Platform. RDU Contractor’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
- By using the RDU Contractor Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
- Your agreement that no claims can be adjudicated on a class basis.
- Your agreement that the RDU Contractors Platform is provided “as is” and without warranty.
- Your agreement that the RDU Contractor Platform is solely a communications platform providing a method for Professional Services to be booked, that all Professional Services are performed by third parties, and that RDU Contractors has no liability for any Professional Services or any acts or omissions of third parties.
- Your acknowledgment of and agreement to RDU Contractors’ cancellation policies and cancellation fees.
- Your agreement to release RDU Contractors from liability based on claims relating to Services and otherwise and your agreement to the limitation of time within which a claim can be brought.
- Your agreement to indemnify RDU Contractors from claims due to your use, misuse or inability to use the RDU Contractors Platform, the Merchandise and/or Professional Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the RDU Contractors Platform.
- Your consent to any modifications or amendments to this Agreement.
- RDU Contractors’ sole liability with respect to disputes between Users is set for the individual task description.
- The RDU Contractors Platform is Solely a Venue for Communications; Background Checks.
- The RDU Contractors Platform is Solely a Venue for Communications. The RDU Contractors Platform is a communications platform for enabling the connection between individuals seeking to obtain services (“Requesters”) and/or individuals seeking to provide services (“Professionals”). Requesters and Professionals together are referred to as “Users”. Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services”. The Professional Services may include the delivery, installation, assembly, and/or labor, but shall not be deemed to include the Merchandise itself. RDU Contractors does not itself provide Professional Services or Merchandise. The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the RDU Contractors Platform. RDU Contractors, THROUGH THE RDU Contractors PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES AND/OR MERCHANDISE, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES OR MERCHANDISE ITSELF OR ACT IN ANY WAY AS A RETAILER OR MANUFACTURER, OR AS A CLEANING, HANDYMAN, OR OTHER HOME-RELATED OR MOVING-RELATED SERVICE PROVIDER, AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES AND/OR MERCHANDISE PROVIDED TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. RDU Contractors IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER.
- Background Checks. RDU Contractors checks the backgrounds of Professionals via third-party background check services. However, each Requester should exercise caution and common sense to protect its personal safety and property, just as you would when interacting with any person whom you do not know. BY USING THE RDU Contractors PLATFORM, THE REQUESTER AGREES TO HOLD RDU Contractors FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF THE PROFESSIONAL SERVICES. RDU Contractors IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY PROFESSIONAL SERVICES.
- Personal Information; User Accounts.
Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the RDU Contractors Platform. You are solely and fully responsible for all activities that occur under your password or account, except that RDU Contractors may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. RDU Contractors has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.rducontractors.com/help. Nothing in this section shall affect RDU Contractors’ rights to limit or terminate the use of the RDU Contractors Platform, as provided below in section 4(b).
- Proof of Identity. You will provide us with such proof of identity as we may reasonably request from time to time.
- Text Messages and Phone Calls. By using the RDU Contractors platform, you expressly consent and agree to accept and receive communications from us, including via text message, calls, and push notifications to the cellular telephone number you provided to us. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by RDU Contractors, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages, sent by or on behalf of RDU Contractors, its affiliated companies and/or Users/Professionals, including but not limited to: operational communications concerning your account or use of the RDU Contractors Platform or Services, updates concerning new and existing features on the RDU Contractors Platform, communications concerning promotions run by us, and news concerning RDU Contractors and industry developments. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the RDU Contractors Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from RDU Contractors at any time. You may opt-out of receiving all text (SMS) messages from RDU Contractors (including informational or transactional messages) by replying with the word “STOP” to a text message from us; however, you acknowledge that opting out of receiving all texts may impact your use of the RDU Contractors Platform or the Services. You also acknowledge that RDU Contractors or its third party service providers may record customer service calls after notice to you and with your consent, in order to assist you when you contact our customer support services. You agree to RDU Contractors’ use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Service Provider or Service Requestor using a telephone number provided by RDU Contractors. During this process, RDU Contractors and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties’ phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to RDU Contractors’ use and disclosure of this call data for its legitimate business purposes.
- Emails. RDU Contractors may send you confirmation and other transactional emails regarding the Professional Services. RDU Contractors and its affiliates may also send you emails about other services that we think might interest you (“Promotional Emails”). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
- Payments; RDU Contractors Guarantee; Claims.
- Payments. Users of the RDU Contractors Platform contract for Professional Services directly with other Users. RDU Contractors is not a party to any contracts for Professional Services. The RDU Contractor Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services (“Payments”). Requesters are obligated to pay in for the Professional Services and/or Merchandise they order through the RDU Contractors Platform. Prior to the scheduled Professional Service, we will charge the Requester’s credit card according to the amount the Requester has agreed to on the RDU Contractors Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service as well as the Trust and Support Fee (as defined below), and the Requester hereby authorizes us to charge the credit card on file in the Requester’s RDU Contractors Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving RDU Contractors (or a third-party payment processor on RDU Contractors’ behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe RDU Contractors. Depending on the transaction you selected or services requested, RDU Contractors may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with RDU Contractors at the prices in effect when such charges are incurred.
- We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying RDU Contractors. Requesters must notify RDU Contractors either by changing the date or hours of the requested Professional Service through the RDU Contractors Platform or by visiting the RDU Contractors Help Center at www.rducontractors.com/help.
- All Payments by Requesters must be made through the RDU Contractors Platform. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on RDU Contractors’ income).
- Any refunds or canceled payments may take up to 5 business days to show up in your bank account.
- If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to RDU Contractors or third parties, then RDU Contractors may withhold any payments to you for as long as we determine any related risks to RDU Contractors or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to your bank account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.
- Job Rate. The rate per hour for a Professional Service (“Job Rate”) depends on factors, such as location and how frequently a Recurrent Service is ordered, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location or if the Professional Service is ordered less frequently. However, you will be notified prior to any such payment increase with sufficient notice to enable you to cancel the Recurrent Service as set forth herein.
- Recurrent Service. When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, the RDU Contractors platform will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged the same non-promotional amount, as originally disclosed to Requester at the time of signing up for Recurrent Service for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. RDU Contractors cannot guarantee that the same Professional will be available for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled. Requesters may cancel the Recurrent Service at any time by visiting the RDU Contractors Help Center at www.rducontractors.com/help or by mailing a notice of cancellation to RDU Contractors, LLC. Attn.: Legal, 6300 CREEDMOOR Rd. Raleigh, NC 27612. Requesters must cancel more than twenty-four hours prior to the Professional Service in order to avoid being charged any cancellation fees and/or for the next Professional Service. After signing up for a Recurrent Service, you will be provided an email acknowledgment which includes information on how to cancel.
- If you carry insurance that would cover you in the event of a claim, such as renter’s insurance, homeowner’s insurance, automobile insurance or an umbrella policy (“Personal Insurance”), You agree that your Personal Insurance is primary.
- The Professional Service is agreed to between a Requester and a Professional using the RDU Contractors Platform, performed by the Professional hired by the Requester and paid for in full through the RDU Contractors Platform;
- You agree that:
- The Requester has not violated this Agreement;
- The Requester has reported the claim within 72 hours of the Professional Service; and
- The Requester’s RDU Contractors account is in good standing with no outstanding balances owed to RDU Contractors.
- The Requester has identified fragile and other breakable items and communicated the location and identity of those items to the Professional prior to the start of the Professional Service, and holds the Professional Service Professional and RDU CONTRACTORS LLC not liable for such items.
- The Requestor has accounted for and secured all valuables prior to the start of a Professional Service.
- Items not Covered
- losses arising out of acts of nature, including, but not limited to, pollution, earthquakes and weather-related events such as hurricanes and tornadoes;
- losses arising out of interruption of business, loss of market, loss of income and/or loss of use;
- losses for property damage and theft exceeding the original value and/or replacement value for such property, less any standard depreciation;
- losses arising from the acts or omissions of a Requester or third party;
- losses arising from the negligence or misconduct of a third party;
- losses arising from a manufacturer’s or a product’s defects;
- losses from pre-existing damages or conditions of the item or property;
- losses arising from items supplied by the Requester or due to Requester recommendations
- losses arising from flooding and/or water damage including mold, fungi or bacteria;
- losses arising from products containing hazardous or harmful materials, acts of terrorism, product liability, or pollution;
- losses of cash, third-party gift cards, and securities;
- losses as a result of an intentional wrongful act by a Professional;
- losses arising from normal wear and tear;
- losses for items that retain their functionality; (e.g., minor cosmetic damage, ordinary wear and tear, a TV that has a scratch on the bezel);
- losses for fine arts, which includes but is not limited to paintings, etchings, printed photos, pictures, tapestries, rare or art glass, art glass windows, valuable rugs, statuary, sculptures, antique furniture, antique jewelry, bric-a-brac, porcelains, antique automobiles, coins, stamps, other collectibles, collections, furs, jewelry, precious stones, precious metals, and similar property of rarity, historical value;
- losses for damage beyond the specific damaged area (e.g., should flooring sustain damage, any loss is limited to the replacement cost of the square footage that was damaged after deducting for obsolescence and physical depreciation);
- loss of use damages, including without limitation, loss of use such as property, furniture and the costs of any storage, movement and insurance of furniture in connection with loss of use;
- losses based on sentimental and/or undocumented intangible value;
- losses or damages associated with the unauthorized acquisition of, access to, destruction of, and/or loss of electronic data, including but not limited to films, records, manuscripts, drawings or photographs, data, information, audio or video recordings, files, facts, programs or other materials stored as or on, created or used on, or transmitted to or from, computer software, including systems and applications software, hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices, cloud storage, or any other media which are used with electronically-controlled equipment;
- losses related to repairs outside of the area where the Professional Services were performed;
- losses of pets, personal liability or damage to shared or common areas;
- losses arising from shipping costs and/or shipping of replacement items and/or taxes incurred in purchasing the original and/or replacement items;
- losses of theft without a valid police report, if requested by RDU Contractors; and losses with insufficient documentation; and
- losses occurring after, or unrelated to, the performance of a Professional Service;
- losses involving products or services, or uses of either, that are prohibited by law;
- losses due to unforeseeable or latent defects in the premises;
- losses related to services not explicitly booked through the RDU Contractors Platform; and
- losses reported by third parties
- No Employment. RDU CONTRACTORS LLC provides a software platform which allows you to connect with independent Professionals. RDU CONTRACTORS LLC is not the employer of any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor and is not an employee, joint venture, partner, agent, or franchisee of RDU CONTRACTORS LLC for any purpose whatsoever.
- Special Promotions; Gift Cards and Vouchers.
- RDU CONTRACTORS LLC Gift Cards (“Gift Cards”) are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.
- You agree that you will comply with all Gift Card terms and conditions.
- Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third-party items the balance on a credit card.
- No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.
- We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.
- A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
RDU CONTRACTORS LLC contact information for notice of alleged copyright infringement is:
Or via Mail:
Attn: Copyright Agent
RDU Contractors LLC
6300 Creedmoor Rd # 170-152
Raleigh NC 27612
No Control. Once User acquires possession of the lockbox, RDU CONTRACTORS has no immediate or direct physical control over the use of the lockbox and assumes no liability for lockbox failure or any delays caused by lockbox failure or consequential damages.
- Disclaimer of Warranties; Limitation on Liability.
- USE OF THE RDU CONTRACTORS LLC PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RDU CONTRACTORS PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
- NO LIABILITY. YOU AGREE NOT TO HOLD RDU CONTRACTORS LLC, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE RDU CONTRACTORS PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY RDU CONTRACTORS OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL RDU CONTRACTORS OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE RDU CONTRACTORS PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE RDU CONTRACTORS GUARANTEE, UNDER NO CIRCUMSTANCES WILL RDU CONTRACTORS OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE RDU CONTRACTORS PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. RDU CONTRACTORS AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE RDU CONTRACTORS PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT RDU CONTRACTORS OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO RDU CONTRACTORS DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
- RELEASE. RDU CONTRACTORS LLC AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE RDU CONTRACTORS PLATFORM. RDU CONTRACTORS WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE HANDY FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. BECAUSE RDU CONTRACTORS LLC IS NOT INVOLVED IN THE ACTUAL CONTACT BETWEEN USERS OR IN THE COMPLETION OF ANY PROFESSIONAL SERVICE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE RDU CONTRACTORS AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS.
- ADDITIONAL DISCLAIMER. THE QUALITY OF THE PROFESSIONAL SERVICES AND/OR THE MERCHANDISE SCHEDULED, REQUESTED OR OBTAINED THROUGH THE USE OF THE RDU CONTRACTORS PLATFORM IS ENTIRELY THE RESPONSIBILITY OF THE PROFESSIONAL WHO ULTIMATELY PROVIDES SUCH PROFESSIONAL SERVICES TO YOU AND/OR THE THIRD PARTY MERCHANDISE PROVIDER OR MANUFACTURER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE RDU CONTRACTORS LLC PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE RDU CONTRACTORS LLC PLATFORM, AND SUCH PROFESSIONAL, AT YOUR OWN RISK.
- BY USING THE RDU CONTRACTORS LLC PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE RDU CONTRACTORS LLC PLATFORM.
- EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- Indemnification. You hereby agree to indemnify, defend, and hold harmless RDU CONTRACTORS LLC, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the RDU CONTRCTORS LLC Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the RDU CONTRACTORS LLC Platform. RDU CONTRACTORS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of RDU CONTRACTORS LLC.
- Mutual Arbitration Agreement.
Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and RDU CONTRACTORS LLC, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and RDU CONTRACTORS LLC may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to RDU CONTRACTORS LLC. RDU CONTRACTORS’ address for such notices is: ADMIN@rducontractors.com and/or by mail to RDU CONTRACTORS LLC, Inc., Attn: Legal, 6300 CREEDMOOR RD. Raleigh NC 27612.
- Governing Law; Jurisdiction. Except for the Arbitration Agreement in Section 33, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of WAKE, NORTH CAROLINA.
- Assignment. This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
- Severability These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Contact Information. If you have any questions regarding this Agreement, please contact us at firstname.lastname@example.org or by mail the below address:
RDU CONTRACTORS LLC
6300 CREEDMOOR RD –
RALEIGH, NC 27612
Last updated: 1/15/19