Terms of service

 

TERMS OF SERVICE

 

PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS”) CAREFULLY.

BY ACCESSING OR USING THIS WEBSITE AMERICAS FINEST SECURITY CORPORATION, ITS AFFILIATES OR AGENTS (AFSC) WITH LINKS TO THIS AGREEMENT AND THE INCORPORATED WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE AND APPLICATION (EACH A “SERVICE” AND COLLECTIVELY, THE “SERVICES”) BY COMPANY OR USERS OF THE SITE (“USERS”), CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS AND USING YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, AND YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS OF USE. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE WEBSITE.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU DO NOT HAVE PERMISSION TO ACCESS OR USE THIS WEBSITE, THE APPLICATION, OR THE SERVICES. THE TERMS ARE SUBJECT TO CHANGE BY COMPANY IN ITS SOLE DISCRETION AT ANY TIME.

CHANGES:

If changes are made AFSC will make a new copy of the Terms of Use available at the Website and within the Application, and any new Supplemental Terms will be made available from within, or through, the affected Service on the Website or within the Application. We will also update the “Last Updated” date at the top of the Terms of Use.

  1. Matching Providers and Users. Company provides an online matching service that connects providers of security services who are licensed to provide security services with individuals and businesses seeking such services.

  2. Each request for a licensed provider to be provided by one or more licensed providers is considered an engagement. AFSC does not employ providers. All contracts for Licensed Providers are directly between Users and Providers. No joint venture, partnership, employment, or agency relationship exists between any User and AFSC as a result of these Terms or the use of the matching services.

    AFSC OFFERS ONLINE SERVICES FOR USERS TO REQUEST SECURITY PROVIDERS AND TO CONTRACT WITH ONE OR MORE PROVIDERS TO PROVIDE SECURITY SERVICES, BUT COMPANY DOES NOT PROVIDE LICENSED SERVICES. AFSC HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SECURITY SERVICES PROVIDED TO YOU BY LICENSED PROVIDERS.

  3. Company uses reasonable care and due diligence to assure all providers are licensed to provide the services for which they are contracted and to provide a convenient and cost effective mechanism for identifying and engaging licensed providers. All providers agree to undergo criminal background checks on an annual basis. No providers who have shown to have a felony conviction through a third party background check will not be allowed as a provider through this service. All providers will have verifiable addresses, phone numbers and valid licenses at the time of allowing their participation in the matching service. All providers will be subject to random additional verification minimally once a year.

    When interacting with providers you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don't know. You are solely responsible for your interactions with providers.

    NEITHER COMPANY NOR ITS AFFILIATES OR THIRD PARTIES ARE RESPONSIBLE FOR ACTIONS BY LICENSED PROVIDERS. ANY ACTION BY A PROVIDER THAT VIOLATES THE LAW OR CONTRADICTS THE TERMS OF THE LICENSING AUTHORITY SHOULD BE REPORTED TO POLICE AND/OR LICENSING AUTHORITIES.

  4. Original material, information and content available on AFSC Website are protected by copyright laws throughout the world. Subject to the Terms, limited use of AFSC materials is granted for purposes of engagements conducted within the scope and intent of the website matching services.

    Restrictions. The rights granted to you in the Terms are subject to the following restrictions: You may not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or commercially utilize any portion of AFSC properties, including the Website or utilize framing techniques to enclose AFSC property including metatags or hidden text. Any unauthorized or competitive use of AFSC property or website terminates the licenses granted by Company pursuant to its Terms.

  5. Registration. In order to access certain features of company services may require you to become a Registered User with additional terms and conditions.

    All uses of AFSC Matching Services require providers and users to provide true, accurate, current and complete information about yourself as prompted by any registration or service request form and to update all data prior to any usage or registration for the purposes of utilizing AFSC matching services.

  6. User Terms

    The following terms apply to Users who are Clients:

    AFSC does cannot guarantee that licensed providers will be available to fulfill your Service Requests. Payments are due at the time of booking and will be refunded if, for any reason, a licensed provider is not available to fill the request. A licensed provider willing and able to meet the request shall be considered performance and a one hour charge will be considered earned if the engagement is cancelled for any reason by the user.

    AFSC MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: THE MATCHING SERVICE WILL MEET YOUR REQUIREMENTS; OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR THE QUALITY OF THE SERVICES PROVIDED TO YOU BY LICENSED PROVIDERS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

    SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. AFSC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO PROVIDER SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

  7. Limitation of Liability

    No Liability for Conduct of Other Users. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY PARTIES ARE NOT LIABLE, AND YOU AGREE NOT COMPANY PROPERTIES.

    Cap on Liability. UNDER NO CIRCUMSTANCES WILL AFSC BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY COMPANY AS A RESULT OF YOUR USE OF COMPANY PROPERTIES DURING THE MONTH PERIOD PRECEDING THE DATE ON WHICH YOUR CLAIM AGAINST COMPANY PARTIES AROSE. IF YOU HAVE NOT PAID COMPANY ANY AMOUNTS DURING SUCH PERIOD, COMPANY’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).

    Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

    User Content. COMPANY PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT).

    THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE RELATIONSHIP BETWEEN AFSC AND YOU.

  8. Termination and Suspension. Company may immediately terminate or suspend your right to use AFSC Services at any time for any or no reason by providing you with written or email notice of such termination at last known point of contact.

    Violations. If Company becomes aware of any reasonable, suspected use by you of the AFSC services for breach of terms for any unauthorized or illegal purposes, AFSC may immediately cancel any transaction or relationship and reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities as deemed appropriate in AFSC’s sole discretion.

  9. Electronic Communications. AFSC and Users use a variety of electronic communications. For contractual purposes, you agree to receive communications from AFSC and affiliates in electronic form; and agree that all terms and conditions, agreements, notices, disclosures, and other communications that AFSC provides to you meet the legal requirement as if it were to be in writing. The foregoing does not affect your statutory rights.

    Release. You hereby release AFSC and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of matching services or Security Services arranged in accordance with these Terms, including but not limited to, any interactions with or conduct of licensed providers herein matched with or as a result of the Terms, or your use of matching services pursuant to these terms.

    Assignment. The agreement and benefits of any user may not be assigned, subcontracted, delegated or otherwise transferred by you without AFSC’s prior written consent and any assignment, subcontract, delegation, or transfer is null and void.

    Force Majeure. AFSC shall not be liable for any delay or failure to perform any provider services resulting from causes outside its reasonable control. AFSC shall not be liable for any delay or failure by provider to perform Services requested by Clients beyond a refund of fees paid for services not rendered.

    Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to AFSC Matching Services please contact us through our contact email provided on the website. We do everything reasonably possible to rectify the issue described.

    Limitations Period. YOU AND AFSC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS STATED OR CONTENT MUST BE PRECEDED BY A REASONABLE ATTEMPT TO ALLOW AFSC TO MITIGATE OR RESOLVE THE ISSUE. ANY CAUSE OF ACTION MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

    Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of New York, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. The exclusive venue and jurisdiction for any and all disputes, claims, and controversies arising from or relating to these Terms shall be the state courts located in New York City.

    Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

    Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

    Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.