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Terms of Service

Last Updated: November 23rd, 2023

Welcome to True Local Heroes!

Thank you for choosing to be a part of our community at True Local Heroes (“TLH,” “we,” “us,” or “our”). These Terms of Service (“Terms”) form a legally binding agreement between you and TLH, governing your access to and use of the TLH website, any future mobile application, and other offerings (collectively, the “TLH Platform”).

In these Terms, “you” refers to you as a user of the TLH Platform. Any person who creates an account on the TLH Platform is considered a member (“member”). Members may be service providers (“Heroes”) who use the platform to create advertisements for their services (“listings”), or they may be community members (“Neighbors”) who use the site to find service providers by browsing Hero listings. These terms of service apply to all users, whether they are Heroes, Neighbors, or visitors just browsing the site.

1. Our Platform

TLH is an innovative platform that facilitates connections between skilled local ‘Heroes’ and ‘Neighbors’ in need of their services. As a Hero, you have the opportunity to promote your expertise and offer your services to the local community. As a Neighbor, you can discover and engage the services of Heroes in your area with ease.

2. Account Registration

To access certain features of the TLH Platform, you will need to register an account. When creating your account, it’s imperative that you provide information that is accurate, current, and complete. It is your responsibility to update your information to keep it that way. TLH cannot and will not be liable for any loss or damage arising from your failure to maintain accurate account information.

Furthermore, the security of your account is crucial. You are responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. For more details on how we handle your personal information, please refer to our Privacy Policy.

By registering an account, you consent to receive electronic communications from TLH (e.g., via email or by posting notices to the TLH Platform). These communications may include notices about your account (e.g., payment authorizations, password changes, and other transactional information) and are part of your relationship with us.

Please review our Privacy Policy and these Terms of Service carefully before registering an account or using our services. By using the TLH Platform, you agree to be bound by these documents and to comply with all applicable laws and regulations when using the TLH Platform.

3. Our Role

TLH is not an owner or controller of the listings or services provided by Heroes on the platform. Our primary function is to bridge the gap, enabling Heroes and Neighbors to connect with each other. We serve as a neutral facilitator and are not participants in the agreements established directly between Heroes and Neighbors. Additionally, we do not act as an agent on behalf of any user.

4. Responsibilities of Heroes and Neighbors

Heroes: As a Hero, it is your responsibility to fully understand and comply with all laws, regulations, and rules that pertain to your services. This includes acquiring necessary licenses or permits, and ensuring the safety and legality of the services you offer.

Neighbors: As a Neighbor, it is your duty to carefully select a Hero who aligns with your service requirements. You should undertake due diligence to confirm the Hero’s qualifications, credentials, and suitability for the task at hand.

Both Heroes and Neighbors are urged to communicate clearly and uphold the spirit of trust and cooperation that TLH stands for.

Neighbor Terms

1. Our Mission
At True Local Heroes, our goal is to connect ‘Neighbors’ with local ‘Heroes’ skilled in a variety of services. Whether you need assistance with everyday tasks or specialized help, our platform is designed to help you easily find reliable local Heroes. Browse through Hero profiles, read reviews from your community, and reach out directly to Heroes to discuss your needs.
2. Searching and Subscription on TLH
2.1 Searching

Utilize our platform to search for Heroes based on specific criteria such as service category, location, availability, and rates. Refine your search with our filtering options to ensure you find a Hero that best fits your needs. Our platform is designed to show you relevant results, prioritizing factors like ratings, proximity, and experience.

2.2 Subscription

Choose from our range of Neighbor Packages to access Hero profiles and get in touch with local Heroes. Each package provides different levels of access, tailored to suit your requirements. Please note that True Local Heroes is a platform for connection only, and all discussions, agreements, and transactions are to be conducted directly between Neighbors and Heroes.

3. Communication and Agreements
3.1 Direct Communication

Engage directly with Heroes to discuss your needs, agree on job details, and negotiate payment terms. True Local Heroes is not involved in and does not oversee these interactions, and as such, cannot provide assistance or mediation in the event of disagreements or issues.

3.2 Independence of Heroes

Heroes operate independently, and True Local Heroes does not employ or contract them. It is your responsibility to verify the credibility and qualifications of the Hero, and to agree on clear and fair terms before commencing any task.

4. Your Responsibilities and Assumption of Risk
4.1 Your Responsibilities

You are solely responsible for your communications and interactions with Heroes. Ensure respectful and clear communication, uphold your agreements, and abide by all applicable laws during your interactions.

4.2 Your Assumption of Risk

By using the True Local Heroes platform, you acknowledge that you are responsible for your own safety and well-being. Ensure that you have taken all necessary precautions and conducted adequate verifications before engaging with a Hero.

Hero Terms

5. Offering Services on True Local Heroes
5.1 Hero Profile

As a Hero, True Local Heroes offers you the opportunity to showcase your skills and services on our platform, connecting you with Neighbors in need of your expertise. It’s straightforward to create and manage your profile, and you have full control over the information you provide – set your rates, availability, and terms for each service you offer.

5.2 Agreements with Neighbors

When you and a Neighbor agree on the details of a job, including the scope of work, price, and timeline, you are entering into a direct agreement with the Neighbor. True Local Heroes is not a party to this agreement and has no control over the terms you set or the payment arrangements you make. It is your responsibility to communicate clearly with the Neighbor, establish fair and transparent terms, and provide the agreed-upon services to the best of your abilities.

5.3 Independence of Heroes

Your relationship with True Local Heroes is that of an independent individual, and not an employee or agent of True Local Heroes. We provide the platform to connect you with Neighbors, but we do not direct or control your services. You have complete discretion over whether and when to offer your services, and at what price and terms you wish to offer them.

6. Managing Your Hero Profile
6.1 Creating and Managing Your Profile

The True Local Heroes platform provides tools that make it easy for you to set up and manage your profile. Ensure that your profile includes complete and accurate information about your services, your rates, and any terms or requirements that apply to the Neighbors. You are responsible for keeping your profile information up-to-date and accurate at all times. We recommend that you consider obtaining appropriate insurance for your services and carefully review the terms and conditions of such insurance.

6.2 Know Your Legal Obligations

You are responsible for understanding and complying with any laws, rules, regulations, and contracts that apply to your services. Ensure that you are operating within the legal frameworks of your jurisdiction and are fulfilling any obligations required for the services you offer. If you have questions about how local laws apply, you should seek legal advice.

6.3 Visibility and Ranking

The visibility and ranking of your Hero profile in search results on the True Local Heroes platform depend on a variety of factors, including relevance to the Neighbor’s search criteria, your rates, availability, reviews, and experience. True Local Heroes may, in future, provide options for you to promote your profile on the platform, which could influence your visibility and ranking.

6.4 Your Responsibilities

You are responsible and liable for your own acts and omissions when interacting with Neighbors and providing services. Set clear and fair terms, communicate effectively with Neighbors, and uphold your agreements. Ensure transparency in your dealings and strive to provide a high standard of service.

7. Cancellations and Agreement Modifications

7.1 Cancellations

In the context of TLH, agreements on jobs and payments are made directly between Heroes and Neighbors. Therefore, if a Neighbor decides to cancel a job, the outcome is subject to the agreement made between the Hero and the Neighbor. As a Hero, you are encouraged to communicate clearly and proactively with Neighbors, and only agree to cancel a job for valid reasons. If a cancellation occurs, it is the responsibility of the Hero and Neighbor to resolve any financial or logistical issues arising from that cancellation directly with each other. TLH is not responsible for mediating disputes or processing refunds related to cancellations, as these transactions occur outside of the TLH platform.

7.2 Agreement Modifications

Both Heroes and Neighbors are responsible for any modifications to the job agreement they decide upon. Any changes to the scope of work, payment, timeline, or any other aspect of the agreement should be communicated and agreed upon by both parties directly. TLH does not facilitate or process agreement modifications, and is not responsible for enforcing any changes agreed upon by Heroes and Neighbors.

8. Financial Responsibilities and Taxes
8.1 Hero’s Financial Responsibilities

As a Hero, you are considered an independent individual and are solely responsible for determining and fulfilling your obligations under applicable laws, including reporting and remitting any applicable taxes related to payments you receive for services provided. This includes any VAT, income tax, or other taxes that may apply.

8.2 Tax Information

You are responsible for providing accurate tax information as required by law, and for keeping this information up to date. If applicable, you may need to provide TLH with tax-related documentation to support your compliance with tax laws and regulations. Failure to provide accurate and sufficient tax information may result in the withholding of payments or other legal consequences.

9. Feedback and Reviews

Following the completion of a job, both Heroes and Neighbors have the opportunity to leave feedback for each other on the TLH platform. All feedback should be truthful, respectful, and free from discriminatory, offensive, or harmful language, adhering to TLH’s Content Policy. Please note that TLH does not verify the accuracy of feedback, and it may sometimes be inaccurate or misleading.

10. Content Contribution

The TLH platform allows you to contribute various types of content, including but not limited to text, photos, and videos (“Content”). When you provide Content to TLH, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, modify, and distribute that Content. It is crucial to ensure that any personal information included in your Content is protected, and our Privacy Policy provides more details on how we handle personal information. You are solely responsible for ensuring you have the right to share any Content you provide and must ensure it does not violate any third-party intellectual property or privacy rights. All Content must comply with TLH’s Content Policy, which prohibits discriminatory, obscene, harassing, deceptive, violent, and illegal content. We may provide translation services for Content, but TLH does not guarantee the accuracy of these translations, and users are responsible for verifying the accuracy of translated Content.

11. Subscription Fees

TLH offers various subscription packages tailored to suit the needs of both Heroes and Neighbors. Each package comes with a unique set of features and benefits, and detailed information can be found on our Subscription Packages page.

11.1 Payment of Subscription Fees: The subscription fees that Heroes and Neighbors are required to pay for their chosen packages may be subject to applicable taxes. Subscription fees are billed on a recurring basis when any of the recurring subscription packages are selected, and the billing cycle will be specified at the time of purchase.

11.2 Non-Refundable: Except as otherwise specified in these Terms or required by applicable law, subscription fees are non-refundable.

11.3 Changes to Subscription Fees and Packages: TLH reserves the right to modify its subscription packages and fees at any time. Any changes to subscription packages or fees will be communicated to existing subscribers in advance, and will not take effect until the subsequent billing cycle. If a subscriber (Hero or Neighbor) does not agree with the changes, they have the option to change their subscription package or cancel their subscription before the changes take effect.

11.4 Cancellation: Subscribers (Heroes and Neighbors) may cancel their subscription at any time through their account settings or by contacting TLH customer service. The cancellation will take effect at the end of the current billing cycle, and the subscriber will retain access to their subscription benefits until that time.

12. Platform Use and Integrity

12.1 Rules and Conduct

To foster a trustworthy and secure community, TLH demands adherence to the following guidelines from all its users, including both Heroes and Neighbors:

  • Act with Integrity and Respect: Treat every community member with respect, provide accurate information, and avoid impersonation.
  • Maintain Positive Communication: Engage in respectful and polite interactions, and adhere strictly to TLH’s Non-discrimination Policy to ensure fairness and equality for everyone.
  • Uphold Platform Integrity: Refrain from utilizing automated tools for data extraction from TLH, and avoid any attempts to compromise the platform’s security or functionality. Engaging in actions that could damage TLH or impede its performance is strictly prohibited.
  • Adhere to Terms and Agreements: Use other users’ personal information solely for completing a job and within the confines of our terms. Avoid any unsolicited commercial communications, and ensure you have proper authorization before using any content from TLH. Steer clear of manipulating search results or indulging in any fraudulent practices.
  • Respect Copyright and Intellectual Property: Do not use TLH’s branding or content without proper authorization, and avoid registering domain names or creating social media handles that could be mistaken for TLH’s official channels.

12.2 Compliance and Legal Obligations

  • Compliance with Laws: Ensure strict adherence to all applicable laws, particularly those concerning privacy, data protection, and export laws. If sharing personal information of others, you must do so legally, with proper authorization, and with the understanding that TLH will process the information as outlined in our Privacy Policy.
  • Adherence to TLH Policies: Familiarize yourself with and follow all of TLH’s Terms, Additional Legal Terms, Policies, and Standards. Unauthorized events or activities are prohibited, and you will be held liable for any violations of our policies or standards.
  • Intellectual Property Respect: Do not use TLH’s name, logo, branding, or trademarks without explicit permission, in accordance with our Trademark Guidelines. Refrain from registering or using any identifiers that may cause confusion with TLH’s branding.
  • Engage in Lawful Activities: Ensure that all activities and services accessed or offered through TLH are legal and compliant with all binding agreements. Engaging in, facilitating, or promoting illegal activities, prostitution, human trafficking, or any other illicit activities is categorically forbidden.

12.2 Reporting Violations.

If you believe that a Member, or any content shared on TLH, poses an immediate danger to a person or property, your first step should be to contact local authorities without delay. Following that, please inform TLH about your concerns. In instances where you’ve already made a report to local law enforcement, TLH may request a copy of that report for our records. While we take your concerns seriously, except when explicitly required by law, please understand that we are not mandated to take any specific actions in response to your report.

12.3 Copyright Notifications.

If you suspect that content shared on the TLH platform infringes upon copyright laws, we encourage you to reach out to us following the procedures outlined in our Copyright Policy. Our team will review your notification promptly and take appropriate actions in accordance with applicable laws and our internal policies.

13. Termination, Suspension, and Other Measures

13.1 Term. The agreement between you and TLH as outlined in these Terms becomes effective once you access the TLH platform (such as by creating an account) and will remain in effect until either you or TLH decide to terminate the agreement following these Terms.

13.2 Termination. You are at liberty to terminate this agreement anytime either by sending us an email or by deleting your account. TLH reserves the right to terminate this agreement and your account for any reason, provided we give you a 30 days’ notice via email or any other contact information associated with your account. TLH may also decide to terminate this agreement immediately, without prior notice, and cease providing access to the TLH platform if you breach these Terms, violate our Additional Legal Terms or Policies, break applicable laws, or if we reasonably believe that termination is crucial to protect TLH, its Members, or third parties. If your account remains inactive for over two years, we may decide to terminate your account without any prior notice.

13.3 Member Violations. If you (i) violate these Terms, our Additional Legal Terms, Policies, or our Standards, (ii) breach applicable laws, regulations, or third-party rights, or (iii) if TLH believes it is reasonably necessary to safeguard TLH, its Members, or third parties; TLH may, with or without prior notice:

  • Suspend or limit your access or use of the TLH platform and/or your account;
  • Remove Listings, Reviews, or other Content;
  • Cancel pending or confirmed tasks; or
  • Suspend or revoke any special status associated with your account.

For minor infractions, or where deemed appropriate by TLH at our sole discretion, you will be notified of the intended measure by TLH and be given an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service.

13.4 Legal Mandates. TLH may take any action deemed reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures outlined above in Section 13.3.

13.5 Effect of Termination
Upon deciding to terminate your TLH account, whether as a Hero or a Neighbor, understand that any ongoing communications or arrangements with other Members that are happening off-platform can not be monitored or  discontinued by TLH. This is because we do not actively monitor or partake in the agreements formulated between Members. When closing an account members will lose access to their respective profiles, listings, and the capability to request reviews upon account termination. However, all previous reviews given to Heroes and Neighbors will persist and remain visible, unless they are found to be in violation of our Content Policy, in which case they will be subject to removal.

Given that TLH does not oversee the completion of jobs or the fulfilment of agreements established between Heroes and Neighbors, terminating your account will not influence the completion or status of any work mutually agreed upon. Resolving any outstanding matters pertinent to agreed-upon work is the sole responsibility of the respective Hero and Neighbor involved. Additionally, any necessary refunds or financial adjustments should be directly negotiated and handled between the Heroes and Neighbors, as TLH does not partake in the payment process.

Be advised that once you have terminated this agreement by closing your account, you do retain the option to restore your account. This can be done by signing back into TLH and (if applicable) upgrading your package, which subsequently means that you will re-enter into an agreement with the terms and conditions specified herein.

In instances where your access to or use of the TLH platform has been restricted by us, your TLH account suspended, or this agreement terminated by us, you are prohibited from registering a new account or accessing and using the TLH platform through another Member’s account.

If your intention is to erase all of your data from our platform, you must first cancel your account and subsequently submit a request for data deletion.

13.6 Survival. Provisions of these Terms which by their nature should survive termination will remain in effect after the termination of this agreement, including Sections 2 through 26.
14. Modification.

TLH may update these Terms at any given time. When significant alterations are made to these Terms, we will publish the updated Terms on the TLH Platform and refresh the “Last Updated” date at the beginning of these Terms. In addition, we will provide you with a notice of any substantial changes via email at least 30 days prior to the date on which they will come into effect. If you find the revised Terms unacceptable, you have the option to terminate this agreement immediately as outlined in these Terms. Should you choose not to terminate your agreement before the date on which the revised Terms take effect, your ongoing access or use of the TLH Platform will be deemed as your acceptance of the updated Terms.

15. Addressing Member Disputes and Reported Damages

TLH provides a platform that facilitates connections between Heroes and Neighbors for discussions and potential job agreements. However, it is imperative for all members to understand that TLH does not play a role in the actual execution of jobs, nor are we involved in member interactions to the extent of mediating disputes or resolving conflicts.

TLH conducts identity verification through a third-party service to enhance the safety and integrity of our platform. This verification process includes confirming that members reside in the neighborhood they claim and verifying their identity. Additionally, we check the national sex offender registry to ensure that individuals registered as sex offenders in their respective towns are not permitted to join our platform. However, members should be aware that this verification process has its limitations.

It is important to note that the identity verification process does not extend to conducting comprehensive background checks, vouching for a member’s character, or evaluating the quality of a Hero’s work. TLH does not have access to detailed criminal records, and we cannot guarantee that all aspects of a member’s background have been thoroughly assessed.

In cases of property damage, personal harm, or any other disputes arising between Heroes and Neighbors, members are expected to resolve these issues directly with one another. TLH is not responsible for mediating disputes, enforcing resolutions, or intervening in conflicts between members. By utilizing the TLH platform, members agree to address and resolve any disputes independently, without involving TLH.

Members acknowledge the risks associated with interacting with others on the platform and accept full responsibility for any resulting damages, losses, or injuries. Members also agree to not hold TLH liable for any issues or damages that may arise from their interactions with other members on the platform.

By providing a platform for communication and job discussions, TLH does not assume responsibility for the actions of its members or the outcomes of their interactions. Members are solely responsible for their interactions with one another, and they agree to waive any claims against TLH arising from disputes or damages related to member interactions.

In summary, while TLH takes measures to verify the identity of its members and enhance the safety of the platform, members are encouraged to exercise their own due diligence and judgment in their interactions with other members. TLH is not a mediator or enforcer in member disputes, and we are not liable for any issues that arise as a result of member interactions. Members are responsible for resolving their own conflicts and agree to not involve TLH in any disputes or claims resulting from their use of the platform.

16. TLH’s Role

TLH offers a platform that enables Members—referred to as Heroes and Neighbors—to create profiles, list services, search for services, and engage in discussions about potential jobs. While we aim to provide a positive experience for all users, it’s crucial for Members to understand that TLH does not have control over the interactions between Heroes and Neighbors.

You acknowledge that TLH reserves the right, but does not have an obligation, to monitor interactions and transactions on the platform, as well as to verify the information provided by our Members. However, our involvement is limited to facilitating a space for Members to connect, and we are not responsible for overseeing the actual agreements or quality of work exchanged between Heroes and Neighbors.

We may take actions such as reviewing, restricting access, deleting, or editing content on the platform to:

  1. Ensure the operation, security, and optimization of the TLH Platform, which includes purposes such as fraud prevention, risk assessment, investigation, and customer support.
  2. Verify Members’ adherence to these Terms.
  3. Comply with applicable laws, or respond to the orders or requirements of courts, law enforcement, or other administrative agencies or governmental bodies.
  4. Address content that is deemed harmful, objectionable, or in violation of platform policies.
  5. Implement actions as outlined in these Terms.
  6. Uphold and enforce quality and eligibility criteria for the platform, which may include removing listings or profiles that do not meet these standards.

Members are expected to take responsibility for their interactions on the platform. TLH is not acting as an agent for any Member, except in cases where TLH Payments acts as a collection agent, as detailed in the Payments Terms.

Members agree to cooperate with TLH in good faith and provide necessary information upon request, in relation to any investigations or actions taken by TLH concerning the use or misuse of the platform. However, Members should not expect TLH to mediate disputes or oversee the execution of agreements made on the platform.

By using the TLH platform, Members acknowledge and accept that they are responsible for their interactions with other Members and any resulting outcomes. Members also agree to release TLH from any claims, demands, or damages arising from their use of the platform, interactions with other Members, or any other claim related to another Member’s actions.
17. Member Accounts

To access and utilize a wide array of features on the TLH Platform, creating an account is mandatory. Registration is open to individuals who are 18 years of age or older. Additionally, individuals between 16 to 18 years old may register with the explicit consent of a parent or legal guardian.

During the registration process, you are obliged to provide information that is accurate, current, and complete. It is imperative to keep your account information updated at all times. You are not allowed to transfer your account to another individual.

The security and confidentiality of your account credentials are your responsibility. You must not disclose your credentials to any third party. You are accountable for all activities conducted through your account, and it is crucial to notify TLH promptly if you suspect any unauthorized use of your account or any breach of security.

While we may proactively, and in adherence to applicable laws, request additional information or documentation to verify your identity, conduct checks against third-party databases or other sources, request reports from service providers, and obtain reports of criminal convictions or sex offender registrations (or their local equivalents), it is crucial to understand that TLH is not obligated to do so.

By choosing to register and engage with the TLH Platform, you acknowledge and accept the risks associated with interacting with other users. While we strive to verify the identity of our members, TLH cannot guarantee the accuracy of the information provided by members or the behavior of users on our platform. You interact with other members at your own risk, and TLH is not liable for any potential damages or losses incurred as a result of interactions with other users.
18. Disclaimer of Warranties

TLH provides the platform and all its content on an “as is” basis, without any form of warranty, and we expressly disclaim all warranties, both express and implied. To elucidate:

(i) TLH does not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Hero, Neighbor, service, listing, or any third parties associated. It is imperative for members to exercise caution and due diligence when interacting with others through and off the platform.

(ii) TLH does not guarantee that the platform will operate uninterrupted or error-free.

(iii) TLH does not assure that any verification, identity, or safety checks conducted on listings or members will uncover previous misconduct or serve as a safeguard against future misconduct. The term “verified,” or any similar terminology, when used in connection with a member or listing, only signifies that the member or listing has undergone a relevant verification or identification process and should not be construed as an endorsement, certification, or guarantee by TLH about any member’s identity, trustworthiness, or safety.

It is crucial for users to understand that they use the platform and interact with other members at their own risk. The disclaimers provided herein are applicable to the fullest extent permitted by applicable law. If there are statutory rights or warranties that cannot be disclaimed under applicable law, the duration and enforceability of such rights or warranties will be limited to the fullest extent that is legally permissible.

19. Limitations on Liability

Neither TLH (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the TLH platform or any of its content shall be liable for any indirect, incidental, special, exemplary, or consequential damages. This includes but is not limited to, loss of profits, data loss, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Nor shall TLH be liable for any damages for personal or bodily injury or emotional distress arising out of, or in connection with:

(i) These Terms,
(ii) The use of, or inability to use the TLH platform or any content,
(iii) Any interactions or meetings with other members, whether through the platform or otherwise,
(iv) Creating, offering, booking, or use of services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory.

This holds even if TLH has been informed of the possibility of such damages and even if a remedy set forth herein is found to have failed its essential purpose.

In no event shall TLH’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interactions with other Members, or your use of the TLH platform, any content, or services exceed one hundred U.S. dollars (US$100).

These limitations of liability and damages are fundamental elements of the agreement between you and TLH. If the limitations of liability set out in these Terms are not allowed under applicable law, the above limitations may not apply to you.

20. Indemnification

To the fullest extent permitted by applicable law, you agree to release, defend (at TLH’s discretion), indemnify, and hold TLH (including its affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees. This is applicable for issues arising out of or in any way connected with:

(i) Your violation of these Terms, including any supplementary or additional terms that apply to specific products or features, as well as our Additional Legal Terms, Policies, or Standards,
(ii) Your improper use of the TLH platform,
(iii) Your interaction with any Member, the use or offering of services, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use,
(iv) Your failure, or our failure upon your instruction, to accurately report, collect, or remit Taxes,
(v) Your infringement of any laws, regulations, or third-party rights such as intellectual property or privacy rights.

You agree to cooperate fully with TLH in asserting any available defenses in such a matter.

22. United States Governing Law and Venue.

If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 23 must be brought in state or federal court in Wilmington, Delaware, unless both parties agree to a different location. You and we both consent to venue and personal jurisdiction in Wilmington, Delaware.

23. United States Dispute Resolution and Arbitration Agreement.

23.1 Application. This Arbitration Agreement applies only if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against TLH in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 23 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

23.2 Overview of Dispute Resolution Process. TLH is committed to participating in a consumer-friendly dispute resolution process. Accordingly, these Terms provide a two-part process for individuals to whom Section 23 applies: (1) an informal negotiation directly with TLH’s customer service team, and if necessary, (2) a binding arbitration administered by the American Arbitration Association (“AAA”). Both you and TLH retain the right to seek resolution of the dispute in a small claims court as an alternative to arbitration.

23.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, both you and TLH agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to TLH by emailing it to TLH’s using the contact form on the site and using drop-down “Other”. TLH will send its notice of dispute to the email address associated with your TLH account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration.

23.4 Agreement to Arbitrate. You and TLH mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms, or any use of the TLH platform, services, or content, will be settled by binding individual arbitration. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our dispute, you and TLH agree that the arbitrator will decide that issue.

23.5 Exceptions to Arbitration Agreement. You and TLH agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 22): (i) any claim alleging actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances; or (iii) a request for the remedy of public injunctive relief. You and TLH agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims and will be stayed pending the outcome of the arbitration.

23.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the AAA in accordance with the Consumer Arbitration Rules then in effect, except as modified here. The AAA Rules are available at www.adr.org.

23.7 Modification to AAA Rules – Arbitration Hearing/Location. To make the arbitration most convenient to you, TLH agrees that any required arbitration hearing may be conducted, at your option, in the U.S. county where you reside, in New Castle County, Delaware, or via phone or video conference. If the amount in controversy is $5,000 or less, both parties agree to proceed solely based on the submission of documents to the arbitrator.

23.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

24.9 Arbitrator’s Decision. The arbitrator’s decision will encapsulate the critical findings and conclusions that informed the award. Judgment based on the arbitration award can be entered in any court holding proper jurisdiction. The arbitrator is authorized to grant any form of relief permissible by law or the AAA Rules. However, both declaratory and injunctive relief may only be granted on an individual basis and limited to the extent necessary to provide relief warranted by the individual claim of the claimant.

24.10 Jury Trial Waiver. Both you and TLH acknowledge and agree to waive the right to a trial by jury for all arbitrable Disputes.

24.11 No Class Actions or Representative Proceedings. You and TLH mutually acknowledge and agree, to the maximum extent allowed by law, to waive the right to participate as a plaintiff or class member in any potential class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceedings. The arbitrator is not permitted to consolidate the claims of more than one party or preside over any form of class or representative proceeding unless we expressly agree to this in writing. In the event that a legal ruling determines the unenforceability of the waiver stated in this section with respect to any claim, cause of action, or requested remedy, that particular claim, cause of action, or requested remedy alone will be severed from this arbitration agreement and brought within a competent jurisdiction’s court. If such severance occurs, you and TLH agree to stay any claims, causes of action, or requested remedies not subject to arbitration until all arbitrable claims, causes of action, and requested remedies are resolved through arbitration.

24.12 Severability. With the exception of the provisions stated in Section 24.11, should any part of this Arbitration Agreement be deemed unlawful or unenforceable, such provision will be severed, and the remainder of the Arbitration Agreement will remain in full force and effect.

24.13 Changes to Agreement to Arbitrate. In the event that TLH modifies this Section 24 subsequent to the date you last accepted these Terms (or accepted any subsequent amendments to these Terms), you have the option to reject the change by sending a notice by email to TLH within 30 days of the effective date of such change. However, rejecting a new change does not revoke or alter your prior agreement to arbitrate any Dispute between you and TLH (or your prior agreement to any subsequent modifications thereof), which will remain in force and applicable to any Dispute between you and TLH.

24.14 Survival. Except as provided in Section 23.12 and subject to Section 13.6, this Section 23 will survive any termination of these Terms and will continue to apply even if you stop using the TLH Platform or terminate your TLH account.

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