Me In Order™ Membership Benefits and Privileges Agreement
Last Updated: May 10, 2022
PLEASE READ THIS ME IN ORDER MEMBERSHIP BENEFITS AND PRIVILEGES AGREEMENT BEFORE ACCESSING AND/OR USING YOUR ME IN ORDER MEMBERSHIP (AS DEFINED IN SECTION 1 BELOW). THIS AGREEMENT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS YOUR ME IN ORDER MEMBERSHIP.
THERE IS NO FEE FOR ESTABLISHING AND MAINTAINING YOUR ME IN ORDER MEMBERSHIP, ALTHOUGH CERTAIN MEMBER BENEFITS SUCH AS THE ME IN ORDER ORGANIZING SERVICE (AS DESCRIBED IN SECTION 6 BELOW) MAY REQUIRE A FEE APPLICABLE TO THE SERVICE YOU AUTHORIZE.
BY CLICKING THE “AGREE” BUTTON/BOX (OR ANY OTHER MECHANISM PROVIDED), OR BY ACCESSING YOUR ME IN ORDER MEMBERSHIP, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE AUTHORIZED TO EXECUTE THIS AGREEMENT ON BEHALF OF THE MEMBER AND ANY AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY RECEIVING ME IN ORDER SERVICES UNDER THIS AGREEMENT AND TO BIND THE MEMBER AND ANY SUCH AFFILIATED INDIVIDUAL, ORGANIZATION OR LEGAL ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
PLEASE NOTE: DISPUTES BETWEEN YOU AND ME IN ORDER ARE, WITH LIMITED EXCEPTION, SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS-ACTION AND JURY-TRIAL RIGHTS, AS DETAILED IN SECTION 16.D. BELOW (“DISPUTES — MANDATORY ARBITRATION AND CLASS ACTION WAIVER”).
This Me In Order Membership Benefits and Privileges Agreement (this “Agreement”) is between You (“You”, “Your” or “Member”) and Me In Order Communities LLC (“Me In Order” and their affiliates, collectively, the “Company”, “We”, “Us” and “Our”). By accepting this Agreement, including by click-through, digital signature or other means of acceptance or acknowledgement, and establishing a Me In Order membership account (“Member Account”), You expressly acknowledge and agree that (i) You have read this Agreement and agree to all of its terms and conditions, (ii) You are a U.S. resident or otherwise reside in the United States, (iii) You are legally capable of entering into binding contracts, and (iv) You have the right, authority and capacity to enter into this Agreement.
You understand that We reserve the right to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using Your Me In Order Membership (as defined in Section 1 below) and/or accessing Your Member Account (including the Membership Platform and any Member Benefits, each as defined in Section 1 below) after We post any changes to this Agreement or otherwise notify You of such changes, You agree to accept those changes, whether or not You have reviewed them. If You do not agree to this Agreement, You should not use Your Me In Order Membership or any Member Benefits, and You should cancel Your Member Account with Us.
- What is a Me In Order Membership?
A Me In Order membership (“Me In Order Membership”) consists of (i) access to a digital technology and communications platform (the “Membership Platform”) as described in Section 2 below, and (ii) access to a suite of related free and/or fee-based content, tools, products, services, subscriptions and other offerings (collectively, the “Member Benefits”), each of which help create and maintain organization in your home by serving as Your personal go-to resource, guide, and advisor for “all things organization” and, if requested, as Your digital personal home organizing solutions provider, concierge, and/or caretaker. You gain access to and manage Your Me In Order Membership through Your Member Account available through the Membership Platform. There is currently no fee for establishing and maintaining Your Me In Order Membership, although certain Member Benefits such as the Me In Order Service (as described in Section 6 below) may require a fee applicable to the service you authorize. Your Me In Order Membership also includes Our Me In Order Guarantee applicable to certain Member Benefits as described in Section 12 below.
- What is the Membership Platform?
The Membership Platform is a digital technology and communications platform supporting Your Me In Order Membership and is accessible through one or more digital applications or websites such as the Me In Order website located at https://Me In Order.com. The Membership Platform includes any content, tools, information, communications or technology in digital, electronic, written, oral, telephonic or other form provided to You in connection with Your Me In Order Membership. The Membership Platform also provides You with access to the Me In Order Payment Processing System (as defined in Section 11 below) and enables Your access to Member Benefits. As provided in Section 4 below, We may, at any time in Our discretion, discontinue, modify or alter any aspect of the Membership Platform without prior notice to You.
- What are the Member Benefits included in my Me In Order Membership?
Member Benefits are the suite of free and/or fee-based products, services, subscriptions, content, tools, and other offerings made available to You as part of Your Me In Order Membership. Examples of free Member Benefits may include Our do-it-yourself videos and other content regarding home organization and related topics, Our digital tools to find, hire and schedule Your Expert Organizer, and Our instructional articles on how to create and maintain order in your home. Examples of fee-based Member Benefits include access to the Me In Order Service described in Section 6 below. Member Benefits are typically accessible via the Membership Platform. As provided in Section 4 below, the availability of Member Benefits may be limited based on geographic or other criteria and We reserve the right, at any time in Our discretion, to discontinue, modify or alter any aspect of the Member Benefits without prior notice to You.
- Are there any limits on the availability or use of my Me In Order Membership?
The availability and use of Your Me In Order Membership, including the Membership Platform and/or any Member Benefits, may be limited based on geographic or other criteria as We may establish from time to time. You understand and agree We may disallow You from accessing, using, purchasing, and/or subscribing to certain aspects of the Membership Platform or certain Member Benefits, or may terminate Your access, use or subscription to certain aspects of the Membership Platform or certain Member Benefits at any time based on these criteria. For example, individuals under the age of 18 may not use the Membership Platform, or We may limit the access to certain Member Benefits offered as part of Your Me In Order Membership only to individuals currently residing in a home in certain geographic areas or locations.
If You do not comply with this Agreement at any time, We reserve the right to cancel or terminate Your Me In Order Membership, and/or Your access to the Membership Platform (or any part thereof) or any Member Benefits. We may, at any time in Our discretion, discontinue, modify or alter any aspect of Your Me In Order Membership, the Membership Platform and/or any Member Benefits, including, but not limited to, restricting the time the Membership Platform and/or Member Benefits are available or restricting or terminating Your right to use certain aspects of the Membership Platform and/or any one of Our Member Benefits. You agree that Our termination or cancellation of Your access to, or use of, Me In Order Membership, the Membership Platform and/or any Member Benefits may be effected without prior notice to You.
From time to time, We may supplement this Agreement with additional terms and conditions (including other limitations or restrictions) pertaining to Your Me In Order Membership and/or any Member Benefits (“Additional Terms”). Such Additional Terms may be expressly incorporated into this Agreement, may be placed on the Membership Platform to be viewed in connection with specific content, activities, features or events, or may be presented in connection with Your use or access to certain Member Benefits. For example, Additional Terms pertaining to the Me In Order Service are expressly set forth in this Agreement and may be supplemented or modified by Me In Order via the Membership Platform (or other means) in connection with Your approval of a Organizing Session. Regardless of where or how the Additional Terms are presented, You understand and agree that such Additional Terms are hereby incorporated by reference into this Agreement.
- Do I need to establish a Member Account to use my Me In Order Membership?
You must set up a Member Account, or in certain cases a Member Account may be set up for You after You book a Me In Order Service, to gain access to and manage Your Me In Order Membership. You must register with the Company and/or have, be given or create a Member Account directly with the Company. A Member Account may be on the Membership Platform accessible directly by You, or may be accessible only by the Company, or both. You are the sole authorized user of Your Member Account. You are responsible for maintaining the confidentiality of any log-in, password, and/or Member Account number provided by You or given to You by the Company for accessing Your Member Account on the Membership Platform. You are solely and fully responsible for all activities that occur under Your log-in, password, and/or Member Account, even if not authorized by You. If You are accessing and using the Membership Platform on someone else’s behalf, You represent that You have the authority to bind that person as the principal to this Agreement and form a log-in, password, and/or Member Account on their behalf. The Company has no control over the use of Your Member Account accessible via the Membership Platform and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using Your log-in, password, and/or Member Account, or You suspect any other breach of security, You agree to contact the Company immediately.
- What is the Me In Order Service and how do I use it?
If You reside in a home that is in need of organization, We offer a fee-based Member Benefit in which We act as Your personal home Expert Organizer, advisor and advocate to ensure that Your home is organized to Your full satisfaction (the “Me In Order Service”). Each appointment with an Expert Organizer either in your home or via a digital platform of your choice (“Organizing Session”) handled through the Me In Order Service is performed by a professional organizer (an “Expert Organizer”) provided by one of Our professional independent service providers (individually, an “Expert”, and collectively, “Experts”) in Your area. Except where otherwise noted in the Me In Order Guarantee, all Organizing Sessions performed pursuant to the Me In Order Service are backed by Our Me In Order Guarantee as described in Section 12 below. The availability of the Me In Order Service may be limited based on geographic or other criteria and We reserve the right, at any time in Our discretion, to discontinue, modify or alter any aspect of this Member Benefit without prior notice to You. The Me In Order Service is offered to You for an additional fee as a Member Benefit through Your Me In Order Membership.
Utilizing the Me In Order Home Service is simple and follows four (4) easy steps:
- You first request Your Organizing Session by accessing the Membership Platform and providing Us with certain information on Your location and types of organizing needed during the Organizing Session. This will allow Us to determine if the Me In Order Service is available in Your area.
- If available, You then select Your preferred Expert Organizer and Service Date/Time (based on preferred Expert Organizers availability), provide the address of Your service location, and provide Your name, email address, and mobile phone number, as well as any additional details about Your Organizing Session.
- Through the Membership Platform, We will review Your Organizing Session needs based on the information provided, and then arrange for Your preferred Expert Organizer to arrive at Your home at Your requested Date/Time.
- Your Expert will begin the first Organizing Session with a 15-to-30-minute Assessment of Your needs (the “Assessment”). Once the area to begin organizing and the goal for the days Organizing Session has been agreed to by You, Your Expert will begin the physical process of creating order. Every Organizing Session begins when your Expert arrives at your home and ends at the agreed completion time for the day. Upon Your Approval of the completion of the Organizing Session, either We or the Expert (as applicable) will charge You for the Organizing Session (including hourly charges, organizing tools, third-party services, and other charges subject to the limitations set forth below in Section 8).
EXPERT ORGANIZERS ARE INDEPENDENT CONTRACTORS AND ARE NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS OR FRANCHISEES OF THE COMPANY. THE COMPANY DOES NOT PERFORM CONTRACTOR SERVICES AND DOES NOT EMPLOY INDIVIDUAL PERSONS TO PERFORM CONTRACTOR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY DOES NOT DIRECT, CONTROL OR SUPERVISE AN EXPERT ORGANIZER’S WORK AND, EXCEPT AS PROVIDED IN THE ME IN ORDER GUARANTEE, EXPRESSLY DISCLAIMS ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF MERCHANTIBILITY, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE RELATED TO AN EXPERT ORGANIZER’S WORK.
- What are the Service Methods offered through the Me In Order Service?
The different means and methods (as well as the particular terms and conditions applicable to such means and methods) that the Company offers for handling Organizing Sessions through the Me In Order Service (collectively, “Service Methods”) shall be determined in the sole discretion of the Company from time to time. Service Methods may include Hourly Rate Services, Prepaid Discounted Services, Other Services (each as defined in Section 9 below), Subscription or other means for providing services for Organizing Sessions and may be limited in scope such as to certain specified types of organizing (e.g., Paper Management and/or Home Inventories), or to certain Life Circumstances (e.g., Divorce, and/or Relocation). The Company reserves the right, at its sole discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the Service Methods (in whole or part) offered from or through the Me In Order Home Service at any time for any reason or no reason at all. Except as provided in the Me In Order Guarantee, the Company has no obligation to You for any such Service Method change.
- What additional limitations, restrictions and exclusions apply to the Me In Order Service?
If Your address at which the Me In Order Service will be performed is subject to any easements, covenants, or other legal encumbrances that could affect the delivery of the Me In Order Service, You agree to advise the Expert Organizer.
You are responsible for ensuring that work areas are free of preexisting physical or environmental hazards, building/zoning code violations, or other violations of applicable law, rules, regulations, ordinances, or codes.
You agree to control and keep pets away from work areas.
YOU ASSUME THE RISK AND THE FULL LIABILITY OF PHYSICALLY ASSISTING WITH DELIVERY OF THE ME IN ORDER SERVICE.
An Organizing Session must consist of the Me In Order Service only. Any other sale of goods or services between You and the Expert Organizer must be completed on a Date/Time other than the Date/Time duration established through the Membership Platform. Such sale of goods and services are subject to a reached agreement with the Expert to receive and perform such Non-Organizing Services pursuant to such contractual and payment terms as agreed to by You and the Expert (“Non-Organizing Service Agreement”). Any Non-Organizing Services performed pursuant to a Non-Organizing Service Agreement shall not be covered by any Company General Liability Insurance policy or the Me In Order Guarantee offered by the Company as described in Section 12 below.
Any payment collected by the Expert Organizer that is not processed through the Me In Order Platform is not a service provided by the Company and therefore is not covered by Company Insurance Policies or the Me In Order Guarantee. Any check used for Me In Order Service payments must be made payable to “Me In Order,” in order to be accepted as payment for a Me In Order Service.
If a check is declined, you agree to pay a return check fee of $35 in addition to the total amount outstanding.
- What is the Cancellation Policy for the Me In Order Service?
Me In Order Expert Organizers are in high demand and appointments are often scheduled a week or more in advance. A cancellation WITHIN 24 HOURS OF YOUR APPOINTMENT START TIME will in most cases mean that your Expert Organizer goes without a project for that day. Because of the irreplaceable time that is lost if there is a cancellation without adequate notice, you will be charged a CANCELLATION FEE OF $100 FOR AN INDIVIDUAL EXPERT ORGANIZER AND $50 FOR EACH ADDITIONAL TEAMMATE on a team project. Your prompt payment is appreciated and ensures that your Organizer is minimally compensated for their lost time.
Cancellations may be made by telephone by calling 866-971-1113. We are available Monday – Friday from 9am to 6pm to take your call. Cancellations made after regular business hours need to be made directly with your Expert Organizer. Their phone number is located at the top of their page at Me In Order.com.
YOUR SESSION IS NOT CANCELLED UNTIL YOU RECEIVE CONFIRMATION BY A HUMAN ME IN ORDER REPRESENTATIVE. LEAVING A VOICEMAIL OR TEXT MESSAGE DOES NOT CANCEL YOUR ORGANIZING SESSION. IF YOU DO NOT RECEIVE CONFIRMATION OF YOUR CANCELLATION THEN YOUR EXPERT ORGANIZER WILL STILL ARRIVE AT YOUR RESIDENCE AT THE APPOINTED TIME.
- What are the fees owed for Organizing Sessions through the Me In Order Service?
The fees owed will be determined by the Expert Organizer’s posted hourly rate (found on their page at Me In Order.com) multiplied by the number of hours that your Expert Organizer provided the Me In Order Service (rounded to the nearest quarter hour). You will be responsible for paying the fees and related charges (the “Payment Amount”) for each Organizing Session at the conclusion of each Organizing Session.
Hourly charges for services commence upon the arrival of your Expert Organizer even if You arrive late, but will not begin prior to the scheduled time unless authorized by You.
When an Organizing Session has been completed, You will authorize the Me In Order Payment Processing System to process the payments, fees, and other charges owed. You may be charged a service cancellation fee through the Me In Order Payment Processing System if You request an Organizing Session but cancel it within 24 hours of your Organizing Session start time.
In the event an Organizing Session is unable to be performed, You shall be entitled to a refund of any deposit paid less the Cancellation Fee, if applicable.
- What is Your background check policy for Expert Organizers?
Expert Organizers are subject to an extensive vetting process before they can perform Organizing Sessions, including but not limited to a verification of identity, and multi-jurisdiction background checks, using third-party services as appropriate (collectively, “Identity and Background Checks”). Although We (i) perform Identity and Background Checks on Experts, or (ii) obligate Experts to perform Identity and Background Checks on themselves, the Company is not required to do so and cannot confirm each Expert’s identity. The Company does not assume any responsibility for the accuracy or reliability of Identity and Background Check information, or any similar information collected by Us or an Expert. When interacting with other Expert Organizers, You should exercise caution and common sense to protect Your personal safety, data, and property.
EXCEPT AS PROVIDED IN THE ME IN ORDER GUARANTEE, NEITHER THE COMPANY NOR ITS SUBSIDIARIES, AFFILIATES OR LICENSORS, INCLUDING EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, STOCKHOLDERS, AGENTS, PROVIDERS, INDEPENDENT CONTRACTORS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO COLLECTIVELY AS THE “COMPANY AND ITS REPRESENTATIVES”) IS RESPONSIBLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY EXPERT OR ANY OTHER USER OF THE MEMBERSHIP PLATFORM AND YOU HEREBY RELEASE THE COMPANY AND ITS REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE MEMBERSHIP PLATFORM OR YOUR ME IN ORDER MEMBERSHIP.
You, in Your sole discretion, determine whether You will be present or not when a Organizing Session is performed and/or completed. If You elect not to be present when a Organizing Session is performed and/or completed, You agree that if someone other than You (e.g., spouse, roommate, friend, etc.) is present when the Organizing Session is performed, You are appointing that person as Your agent (“Member Agent”) and the Expert may take and follow direction from the Member Agent as if such direction was directly given by or from You. You represent and warrant that the Member Agent is 18 years of age or older or at least the legally required age of majority in the jurisdiction in which You reside.
- What about Confidentiality?
We understand how important confidentiality is to You. During an Organizing Session Your Expert Organizer may discover paperwork and/or personal items that you may not want made public. Every Expert Organizer with Me In Order has agreed to hold to the strictest guidelines for confidentiality. Every Expert Organizer has individually signed a Confidentiality Agreement which binds them to never disclosing any of a Members personal information to others outside of the Company as well as any business-related information pertaining to the Company without prior written consent from the parties to which the information pertains. However, this agreement does allow for speaking publicly of situations which may have been encountered while performing Me In Order Services providing that names, exact location and/or other Member distinguishing remarks are concealed and not disclosed.
- How are payments made under my Me In Order Membership?
Amounts owed for fee-based content, tools, products, services, subscriptions, and other offerings made available to You as part of Your Me In Order Membership (for example, for amounts owed for fee-based Member Benefits) shall be made utilizing the Company or third-party payment processing system specified or approved by Us or other means specified by Me In Order (collectively the “Me In Order Payment Processing System”). At the completion of every Organizing Session, You will be required to provide Your payment method details to the Expert and the Me In Order Payment Processing System (including any third-party payment system providers selected by the Company).
Through the Me In Order Payment Processing System, We or third-party payment processing providers may use third-party services to process credit card, debit card and other approved methods of payments for amounts owed by You. Payments will only be made through the Me In Order Payment Processing System. Email and Text Receipts are available for every payment collected through the Me In Order Payment Processing System. You should request a receipt with every payment to ensure that your payments are being processed through the Me In Order Payment Processing System.
By accepting this Agreement, You are giving the Company (or third-party payment processing providers) permission to charge Your on-file credit card, debit card or other approved method of payment for fees, payments and other amounts owed. Depending on the terms of the fee-based Member Benefits requested under Your Me In Order Membership, You may be charged on a one-time, installment or recurring basis, and You may be charged upfront and/or upon completion of the Member Benefit. You agree that all payment information (including credit card, debit card or other approved payment method information) that You provide in connection with the Member Benefit is accurate, complete, and current. To help prevent fraud and safeguard Member information from the risk of unauthorized access, the Company and/or the third-party payment processing provider may validate payment information (including credit card, debit card or other approved payment method information) before activation of a Member Account or the provision of a Member Benefit.
The Company reserves the right (but not the obligation), in its sole discretion, upon request from You, or upon notice of any potential fraud, unauthorized charges or other misuse of the Membership Platform, to (i) place on hold any invoice amount, payment and/or fee due or owed (as applicable) or (ii) refund or provide credits or arrange for the Me In Order Payment Processing System provider to do so. Except as provided in this Agreement, any Additional Terms or otherwise permitted by the Company, all payments, charges and fees for Member Benefits must be paid through the Me In Order Payment Processing System as indicated on the Membership Platform or by check payable to Me In Order. You will be liable for any taxes required to be paid on the Member Benefits provided under this Agreement.
Notwithstanding the foregoing, We reserve the right to permit the Expert to charge You directly for any remaining amounts owed on the Organizing Session based on Your chosen Service Method provided We notify You in advance of such permission. In such instances, You agree to pay the Expert any Payment Amount owed on Our behalf.
Me In Order does not offer financing for Me In Order Home Services. However, Me In Order may from time to time partner with one or more third-party financing partners, which may offer financing options to You and that You may chose, but are not required, to use to finance Me In Order Services. If you utilize such third-party financing to pay for one or more Organizing Sessions, you acknowledge and agree that separate legal terms and conditions between you and the third-party financing company apply to such financing arrangements and are binding on You.
- What is the Me In Order Guarantee?
- What is the Me In Order Prepaid Monthly Membership?
- Do I need a computer, mobile phone or other device to access My Me In Order Membership?
Some aspects of Your Me In Order Membership, including the Membership Platform and Member Benefits, may require You to use, or for Us to access information on, Your computer or other applicable device. By providing Us with Your mobile phone number and using the Membership Platform, You hereby affirmatively consent to Our use of Your mobile phone number for calls and recurring texts, in order to (i) perform and improve upon the Membership Platform and/or Member Benefits, (ii) facilitate Our performance of Member Benefits through the Membership Platform, and/or (iii) provide You with information and reminders regarding Your registration, orientation, upcoming services, changes and updates, amounts owed, service outages or alterations. These calls and texts may include, among other things, reminders about incomplete or upcoming services and/or in follow up to any push notifications delivered through Our Membership Platform. The Company will not assess any charges for calls or texts, but standard message, data or other charges from Your wireless carrier may apply.
The Membership Platform is operated by the Company in the United States. In order for Us to provide You with a Me In Order Membership (including the Membership Platform and the Member Benefits), You agree that We may transfer, use and store information about You in the United States and other countries, where You may not have the same rights and protections as You do under local law. If You choose to access the Membership Platform and/or Member Benefits from a location outside of the United States, You do so on Your own initiative and You are responsible for compliance with applicable local laws; provided, however, that the Membership Platform and/or the Member Benefits are not available to, and should not be accessed and used by, residents of the European Economic Area.
- Do You offer promotions to Members?
The Company may from time to time provide certain promotional opportunities and contests to its Members or prospective Members. All such promotions and contests will be run at the sole discretion of the Company, and can be activated, modified, discontinued, or removed at any time for any reason by the Company without advance notification. Promotional or other discount codes (collectively, “Promo Codes”) may be available and can be used to pay or reduce all or any amounts owed for Member Benefits. The use or application of any Promo Code is solely intended as promotional. You agree that You will use Promo Codes in accordance with the terms of the Promo Code. The Company reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by You or any other Member in the event that the Company determines or believes that the use or redemption of a Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.
- What other policies are applicable to my Me In Order Membership?
- What other terms and conditions are applicable to my Me In Order Membership?
A. Disclaimer of Warranties and Limitation of Liability
THE ME IN ORDER MEMBERSHIP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEMBERSHIP PLATFORM ARE PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY AND ITS REPRESENTATIVES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ME IN ORDER MEMBERSHIP, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH MEMBERSHIP PLATFORM, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF YOUR ME IN ORDER MEMBERSHIP (INCLUDING THE MEMBERSHIP PLATFORM AND THE MEMBER BENEFITS) IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE ME IN ORDER MEMBERSHIP AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEMBERSHIP PLATFORM, THE COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY THE ME IN ORDER MEMBERSHIP, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES (INCLUDING ALL FREE OR FEE-BASED MEMBER BENEFITS) AND OTHER OFFERINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MEMBERSHIP PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, UNLESS OTHERWISE SPECIFIED IN WRITING.
IF, NOTWITHSTANDING THE FOREGOING, IT IS DETERMINED THAT THE COMPANY AND ITS REPRESENTATIVES ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You hereby agree to indemnify, defend, and hold harmless the Company and its Representatives (the “Indemnified Parties”) from and against any and all any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities”) that have arisen or may arise, incurred in connection with (i) Your use or inability to use Your Me In Order Membership, (ii) Your breach or violation of this Agreement, (iii) Your violation of any law, or the rights of any third party, and (iv) any content submitted by You or using Your Member Account with respect to the Membership Platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any Liabilities resulting from Your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action You take that imposes an unreasonable burden or loan on Our infrastructure. The Company reserves the right, in its sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to Your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of the Company.
C. Force Majeure
Company will not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in its performance under this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond Our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes, or restraints or delays affecting carriers or inability or delay in obtaining supplies, materials or telecommunication breakdown or power outage.
D. Bedbugs Disclosure
You hereby agree to disclose the presents of any bedbugs or bedbug infestations within the last 12 months, located within or in near proximity to any of the spaces to be organized by Your Expert(s) prior to their arrival at your home.
E. DISPUTES — MANDATORY ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND THE COMPANY CAN BRING CLAIMS AGAINST EACH OTHER. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND THE COMPANY TO SUBMIT CLAIMS AGAINST EACH OTHER TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. Any dispute or claim relating in any way to Your use of Your Me In Order Membership, or to the information, content, materials, products, services (including all free or fee-based Member Benefits) and other offerings included on or otherwise made available to You through the Membership Platform will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, You must send a letter requesting arbitration and describing Your claim to Me In Order Communities LLC, 801 Northpoint Parkway, Suite 51, West Palm Beach, FL 33407, Attention: Legal Department. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (the “AAA’s Rules”). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the state where You live, or at another mutually agreed location.
You and the Company each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action lawsuit, class-wide arbitration, or any other consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and the Company each waive any right to a jury trial. You and the Company also both agree that the Company may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Notwithstanding any other provision of this Agreement or the AAA’s Rules, to the fullest extent allowed by law: (A) You and the Company agree not to bring a representative action on behalf of others under the California Private Attorneys General Act of 2004 (as amended, “PAGA”), or the California Labor Code § 2698 et seq., in any court or in arbitration, and (B) for any claim brought on a private attorney general basis, including under PAGA, both You and the Company agree that any such claim shall be resolved in arbitration on an individual basis only (i.e., to resolve whether You have personally been aggrieved or subject to any violations of law), and that such an action may not be used to resolve the claims or rights of other individuals in a single or collective proceeding (i.e., to resolve whether other individuals have been aggrieved or subject to any violations of law) (collectively, “Representative PAGA Waiver”). Notwithstanding any other provision of this Agreement or the AAA’s Rules, disputes regarding the scope, applicability, enforceability, revocability or validity of this Representative PAGA Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
YOU ACKNOWLEDGE AND AGREE THAT YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE ACTION.
G. Governing Law
Without prejudice to Section 16.D. (specifying the application of the Federal Arbitration Act and federal arbitration law), this Agreement and Your use of Your Me In Order Membership (including the Membership Platform and the Member Benefits) will be governed by, and will be construed under, the laws of the State of Florida, without regard to choice-of-law principles. This choice-of-law provision is only intended to specify the use of Florida law to interpret this Agreement and is not intended to create any substantive right to non-Floridians to assert claims under Florida law whether by statute, common law, or otherwise.
H. General Provisions
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on the Membership Platform. You agree that all Notices that We provide to You electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given (i) when received, if personally delivered or sent by certified or registered mail, return receipt requested; (ii) when receipt is electronically confirmed, if transmitted by facsimile or email; or (iii) on the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.