Terms of Service
⚠️ DRAFT — FOR INTERNAL REVIEW ONLY. NOT LEGAL ADVICE. This document was generated as a starting point and MUST be reviewed, completed, and approved by a licensed attorney before it is published or relied upon. Bracketed [PLACEHOLDERS] mark information that must be supplied or decisions that must be made.
Yardly Terms of Service (Homeowner / User)
Effective Date: [EFFECTIVE DATE] Last Updated: [LAST UPDATED DATE]
These Terms of Service ("Terms") form a binding legal agreement between you ("you," "your," "Homeowner," or "User") and [LEGAL ENTITY NAME], a [ENTITY TYPE] organized under the laws of [STATE OF FORMATION] with its registered address at [REGISTERED ADDRESS] (operating the "Yardly" brand and mobile application, and referred to in these Terms as "Yardly," "we," "us," or "our"). These Terms govern your access to and use of the Yardly mobile application, website, and related services (collectively, the "Platform").
Plain-language summary (non-binding): Yardly is an app that connects you with independent lawn-care providers. We are a marketplace, not a lawn-care company. We don't mow your lawn; independent providers do. This document explains the rules for using the app, how payments and tips work, what happens with cancellations, the limits on our responsibility, and how disputes are resolved. The numbered sections below are the legally binding terms.
PLEASE READ SECTION 17 (DISPUTE RESOLUTION) CAREFULLY. IT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO BRING A LAWSUIT IN COURT OR PARTICIPATE IN A CLASS ACTION. [DECISION: confirm whether Yardly will require binding arbitration with a class-action waiver, or instead resolve disputes in court — see Section 17.]
1. Acceptance of These Terms
1.1 By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies incorporated by reference, including the Privacy Policy, the Acceptable Use Policy ("AUP"), and the Cancellation & Refund Policy.
1.2 If you do not agree to these Terms, you must not access or use the Platform.
1.3 If you are using the Platform on behalf of another person or household, you represent that you are authorized to bind that person or household to these Terms.
1.4 These Terms apply to Homeowners and other users who book or seek lawn-care services through the Platform. Independent lawn-care providers ("Providers") are governed by a separate agreement (the Provider Terms / Independent Contractor Agreement).
2. Eligibility & Accounts
2.1 Age and capacity. You must be at least 18 years old and able to form a legally binding contract to use the Platform.
2.2 Account registration. To book services you must create an account and provide accurate, current, and complete information, including your name, phone number, email address, and one or more property addresses.
2.3 Account security. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately at [CONTACT EMAIL] of any unauthorized use or suspected breach of your account.
2.4 One account. You may not maintain more than one account or create an account using false information. We may refuse, suspend, or terminate accounts at our discretion as described in Section 18.
2.5 Verification. We may, but are not obligated to, verify any information you provide, including your identity or property ownership/authorization.
3. The Yardly Marketplace — What We Do and Do Not Do
3.1 Yardly is a marketplace, not a lawn-care provider. The Platform is a technology service that connects Homeowners seeking lawn-care services with independent, third-party Providers willing to perform those services. Yardly does not itself perform, supervise, direct, or control lawn-care services, and is not a lawn-care company, landscaping contractor, or employer of any Provider.
3.2 Independent contractors. Providers are independent contractors and are not employees, agents, partners, or joint venturers of Yardly. See Section 11 (Provider Independence Disclaimer).
3.3 No guarantee of availability or matching. We do not guarantee that a Provider will be available in your area, that any booking request will be accepted, or that any service will be performed within a particular timeframe.
3.4 Role of Yardly. Yardly's role is limited to providing the Platform that facilitates discovery, booking, scheduling, communication, payment processing (as Merchant of Record, see Section 7), and related functionality. The contract for the actual lawn-care service is between you and the Provider.
3.5 Information about Providers. Any ratings, reviews, profiles, service areas, or other information about Providers is provided for convenience and may be supplied by the Providers or other users. Yardly does not warrant its accuracy. Provider identity verification and background checks are forthcoming and not yet implemented; see Section 12.
4. Booking & Scheduling
4.1 Booking requests. When you submit a booking through the Platform, you are making a request for lawn-care services. A booking is confirmed only when a Provider accepts it through the Platform.
4.2 Location and access. To enable matching, scheduling, and live tracking, you agree to provide accurate property address(es) and to grant the location permissions described in the Privacy Policy. You are responsible for ensuring that the Provider has safe and lawful access to the property at the scheduled time (e.g., unlocked gates, secured pets, clear access to the yard).
4.3 Property authorization. By submitting a booking, you represent that you own the property or are otherwise authorized to order lawn-care services for it.
4.4 Yard photos. The Platform may capture or request "before" and "after" photos of the yard for quality, dispute-resolution, and service-verification purposes. Your use of photo features is governed by the Privacy Policy and the AUP.
4.5 Rescheduling. Rescheduling is subject to Provider availability and the Cancellation & Refund Policy.
4.6 Communications during a job. The Platform may enable in-app or SMS communication and live tracking between you and the Provider. See Section 9 (tips/communications) and Section 19 (electronic communications / TCPA consent).
5. Pricing, Quotes & Taxes
5.1 Pricing. Prices for services are presented to you in the Platform before you confirm a booking. Pricing may be a fixed quote, an estimate, or determined by factors such as yard size, service type, location, and demand. [DECISION: describe Yardly's pricing model — fixed price, dynamic/surge pricing, per-square-foot, Provider-set, or Yardly-set — and reflect it here.]
5.2 Quotes and estimates. Where a price is presented as an estimate, the final amount may differ if the scope of work changes (for example, the actual yard condition differs materially from what was described). Any change in scope or price [DECISION: must be approved by you in-app before work proceeds / may be adjusted automatically up to a stated threshold — confirm policy].
5.3 Sales tax. You are responsible for applicable sales or other taxes, which will be calculated and added to your total at checkout where required by law. [DECISION: confirm sales-tax treatment of lawn-care services in Texas and any other markets, and which party is responsible for collection/remittance.]
5.4 Total charge. Your total charge consists of the service price, applicable sales tax, and any optional tip you choose to add (Section 9). [DECISION: confirm whether Yardly charges any separate service fee, booking fee, or trip fee to Homeowners, and disclose it here if so.]
5.5 Currency. All prices are in U.S. Dollars unless otherwise stated.
6. Authorization to Charge
6.1 By confirming a booking and providing a payment method, you authorize Yardly (through its payment processor, Section 7) to charge that payment method for the service price, applicable taxes, any tip you add, and any other amounts you authorize or that are owed under these Terms or the Cancellation & Refund Policy (including applicable cancellation or no-show fees).
6.2 When you are charged. [DECISION: confirm the charge timing — e.g., authorization hold at booking and capture at completion, charge at booking, or charge after the job is marked complete — and describe it here.]
6.3 Payment method on file. You represent that you are authorized to use any payment method you provide, and you agree to keep your payment information accurate and up to date.
6.4 Failed or disputed charges. If a charge fails or is reversed, we may suspend your account, attempt to re-charge, or use other lawful means to collect amounts owed. Initiating a chargeback for a legitimately incurred charge may be treated as a breach of these Terms.
7. Payments, Merchant of Record & Stripe
7.1 Yardly is the Merchant of Record. For payments made by Homeowners through the Platform, Yardly acts as the merchant of record.
7.2 Payment processing by Stripe. Payment transactions are processed by Stripe, Yardly's third-party payment processor. By using the Platform, you also agree to any applicable terms required by the payment processor.
7.3 No card data stored by Yardly. Yardly stores only tokenized references to your payment method. Yardly does not store or have access to your full payment card numbers. Card data is handled by Stripe in accordance with applicable payment-card-industry (PCI-DSS) standards.
7.4 Receipts. Receipts and transaction records will be made available to you through the Platform or by email.
8. Provider Payment Model (Informational)
8.1 Providers are paid on a commission basis as independent contractors. Yardly retains a commission/service fee on each completed transaction and remits the balance to the Provider. [DECISION: confirm and disclose the commission structure and whether/how it is disclosed to Homeowners; specifics flagged with placeholders — [COMMISSION %].]
8.2 Provider payouts. ACH payouts to Providers are forthcoming and not yet implemented. The specifics of Provider payout timing and method are [PLACEHOLDER — describe once implemented].
8.3 This Section is provided for transparency; the Homeowner's financial obligations are governed by Sections 5–7 and the Cancellation & Refund Policy.
9. Tips
9.1 Tipping is optional. You may choose to add a tip for a Provider through the Platform.
9.2 100% pass-through. Yardly passes 100% of any tip through to the Provider. Yardly does not retain any portion of tips. Tips are charged to your payment method together with the service price and taxes (Section 6).
9.3 Tips are voluntary and are not required as a condition of using the Platform or receiving service.
10. Cancellations, No-Shows & Refunds
10.1 Cancellations, rescheduling, no-shows, and refunds are governed by the Cancellation & Refund Policy, which is incorporated into these Terms by reference. [LINK TO CANCELLATION & REFUND POLICY]
10.2 Cancellation fees. Depending on timing, a cancellation or no-show may incur a fee. [DECISION / OPEN BUSINESS DECISION: define cancellation windows and fee amounts — e.g., free cancellation up to [X HOURS] before the scheduled time, [CANCELLATION FEE] thereafter, and [NO-SHOW FEE] for Homeowner no-shows. These specifics must be finalized in the Cancellation & Refund Policy.]
10.3 Refunds. Refund eligibility (for example, for incomplete or unsatisfactory service) is determined under the Cancellation & Refund Policy. [DECISION: define refund eligibility, the dispute/quality-complaint process, and any time limits for requesting a refund.]
10.4 To the extent the Cancellation & Refund Policy conflicts with these Terms regarding cancellations and refunds, the Cancellation & Refund Policy controls for those topics.
11. Provider Independence Disclaimer
11.1 Providers are independent contractors, not employees, agents, or representatives of Yardly. Yardly does not control and is not responsible for the acts, omissions, conduct, quality of work, timeliness, qualifications, licensing, or safety practices of any Provider.
11.2 Yardly does not direct or control the manner or means by which Providers perform services. Providers use their own equipment, set their own methods, and exercise their own judgment.
11.3 The agreement to perform lawn-care services is solely between you and the Provider. Any dispute regarding the quality, scope, or performance of services is primarily a matter between you and the Provider, subject to the Cancellation & Refund Policy and the dispute-support tools Yardly may offer.
11.4 Yardly does not guarantee the work, results, or conduct of any Provider, and makes no representation that any Provider is licensed, insured, or bonded except as expressly stated in writing.
12. Provider Screening & Background Checks (Forthcoming)
12.1 Provider identity verification (KYC) and background checks are planned but not yet implemented. At the time of these Terms, Yardly does not represent that any Provider has undergone a background check or identity verification.
12.2 When implemented, any background screening will be conducted in accordance with applicable law, including the Fair Credit Reporting Act (FCRA) and applicable state law. [PLACEHOLDER — describe screening scope, the consumer-reporting agency used, and applicant rights once implemented.]
12.3 You acknowledge that any current or future screening is not a guarantee of a Provider's conduct, safety, or fitness, and you remain responsible for exercising your own judgment in granting Providers access to your property.
13. Acceptable Use
13.1 Your use of the Platform is subject to the Acceptable Use Policy ("AUP"), which is incorporated by reference. [LINK TO ACCEPTABLE USE POLICY]
13.2 Without limiting the AUP, you agree not to: (a) use the Platform for any unlawful purpose; (b) harass, threaten, or discriminate against Providers or others; (c) attempt to circumvent the Platform to arrange or pay for services off-platform with a Provider you met through Yardly; (d) submit false, misleading, or fraudulent information, bookings, reviews, or chargebacks; (e) upload yard photos or content that you lack the right to share or that depict third parties without authorization; (f) interfere with, disrupt, reverse engineer, or attempt to gain unauthorized access to the Platform; or (g) infringe the intellectual-property or privacy rights of others.
13.3 Violation of the AUP or this Section may result in suspension or termination under Section 18.
14. Disclaimers of Warranties
14.1 "AS IS." THE PLATFORM AND ALL SERVICES, CONTENT, AND MATERIALS PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
14.3 YARDLY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.
14.4 No warranty as to Providers or services. BECAUSE YARDLY IS A MARKETPLACE AND DOES NOT PERFORM LAWN-CARE SERVICES, YARDLY MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, LEGALITY, TIMELINESS, OR RESULTS OF ANY SERVICE PERFORMED BY A PROVIDER, OR THE CONDUCT OR QUALIFICATIONS OF ANY PROVIDER OR HOMEOWNER.
14.5 Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
15. Limitation of Liability
15.1 No indirect damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR PROPERTY DAMAGE ARISING FROM A PROVIDER'S SERVICES, IN EACH CASE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YARDLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Liability cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YARDLY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO YARDLY IN THE [TIME PERIOD — e.g., SIX (6) MONTHS] IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) [CAP AMOUNT — e.g., USD $100]. [DECISION: confirm the liability-cap formulation and dollar figure.]
15.3 Marketplace allocation of risk. Because Yardly does not perform services and acts as a marketplace, you agree that disputes about the services themselves are primarily between you and the Provider, and that the limitations in this Section reflect a reasonable allocation of risk.
15.4 Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.
16. Indemnification
16.1 You agree to indemnify, defend, and hold harmless Yardly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your booking, receipt of, or dispute over services; (c) your breach of these Terms, the AUP, or applicable law; (d) your provision of access to your property; (e) content you submit, including yard photos; or (f) your violation of the rights of any third party.
16.2 Yardly reserves the right to assume the exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with Yardly's defense.
17. Dispute Resolution; Binding Arbitration; Class-Action Waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. [DECISION: confirm whether Yardly will adopt binding arbitration with a class-action waiver (as drafted below) or instead route disputes to the courts of Texas. The arbitration framework below is drafted as the default but must be confirmed by counsel, including enforceability under the Federal Arbitration Act and Texas law.]
17.1 Informal resolution first. Before initiating any formal proceeding, you agree to contact us at [CONTACT EMAIL] and attempt in good faith to resolve the dispute informally for at least [INFORMAL RESOLUTION PERIOD — e.g., 30 days].
17.2 Binding arbitration. Except as provided in Section 17.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved informally will be resolved by final and binding arbitration administered by [ARBITRATION ADMINISTRATOR — e.g., AAA / JAMS] under its then-current rules, rather than in court.
17.3 Arbitration procedure. The arbitration will be conducted [IN PERSON / BY VIDEO / ON DOCUMENTS] in [ARBITRATION VENUE — COUNTY, TEXAS], unless you and Yardly agree otherwise. The arbitrator's award may be entered in any court of competent jurisdiction. [DECISION: allocate arbitration fees and costs and confirm consumer-arbitration fee provisions.]
17.4 CLASS-ACTION WAIVER. YOU AND YARDLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF CLASS PROCEEDING.
17.5 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court to protect intellectual-property or unauthorized-access rights.
17.6 Opt-out. You may opt out of this arbitration provision by sending written notice to [CONTACT EMAIL] within [OPT-OUT PERIOD — e.g., 30 days] of first accepting these Terms. [DECISION: confirm whether an opt-out right will be offered.]
17.7 Severability of this Section. If the class-action waiver in Section 17.4 is found unenforceable, then the entirety of this Section 17 (other than this sentence) will be null and void as to the affected claims, and those claims will proceed in court. [Counsel to confirm severability/blow-up provision.]
18. Governing Law & Venue
18.1 These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and, where applicable to arbitration, the Federal Arbitration Act.
18.2 To the extent any dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [VENUE/COUNTY], Texas.
19. Termination
19.1 By you. You may stop using the Platform and close your account at any time, subject to completion or cancellation of any pending bookings and payment of amounts owed.
19.2 By Yardly. We may suspend or terminate your access to the Platform, with or without notice, if we reasonably believe you have violated these Terms, the AUP, or applicable law, created risk or legal exposure for Yardly or others, or for any other reason permitted by law.
19.3 Effect of termination. Upon termination, your right to use the Platform ceases. Sections that by their nature should survive (including Sections 6, 7, 11, 14, 15, 16, 17, 18, and 20) will survive termination.
20. Electronic Communications & E-SIGN Consent
20.1 Consent to electronic records. You consent to receive communications, agreements, disclosures, receipts, and notices from us electronically — by email, in-app message, or text message — and you agree that all such electronic communications satisfy any legal requirement that a communication be in writing, consistent with the federal E-SIGN Act and applicable state law.
20.2 SMS / calls (TCPA). By providing your phone number, you consent to receive transactional and service-related messages (such as booking confirmations, scheduling updates, and live-tracking notifications). Marketing or promotional calls and texts, if any, will be sent only with the consent required by the Telephone Consumer Protection Act (TCPA) and may use an autodialer or prerecorded messages where you have consented. Message and data rates may apply. You may opt out of non-essential messages as described in the message or the Privacy Policy. [DECISION: confirm SMS consent flows and opt-out mechanics; ensure consent is captured at sign-up.]
20.3 Marketing emails (CAN-SPAM). Marketing emails will comply with the CAN-SPAM Act and will include an unsubscribe mechanism.
20.4 Withdrawing consent. You may withdraw consent to electronic communications by contacting [CONTACT EMAIL], but doing so may prevent you from using the Platform, which requires electronic communications to function.
21. Privacy
21.1 Your use of the Platform is subject to the Privacy Policy, which describes how we collect, use, and share personal information, including precise geolocation, yard photos, and tokenized payment references, and your rights under applicable privacy laws (including the Texas Data Privacy and Security Act (TDPSA) and, for eligible residents, the CCPA/CPRA). [LINK TO PRIVACY POLICY]
22. Intellectual Property; License
22.1 Yardly's IP. The Platform, including its software, design, trademarks, and content (excluding User content and Provider content), is owned by Yardly or its licensors and is protected by intellectual-property laws.
22.2 License to you. Subject to these Terms, Yardly grants you a limited, revocable, non-exclusive, non-transferable license to use the Platform for your personal, non-commercial use of booking lawn-care services.
22.3 Your content. You retain ownership of content you submit (such as yard photos and reviews) but grant Yardly a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, and display that content as needed to operate and improve the Platform and as described in the Privacy Policy. [DECISION: confirm scope of the content license, including any use of yard photos for marketing.]
23. Modifications to the Terms or Platform
23.1 We may modify these Terms from time to time. If we make material changes, we will provide notice as required by law (for example, by email, in-app notice, or by posting an updated "Last Updated" date). Changes are effective when posted unless otherwise stated.
23.2 Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. If you do not agree, you must stop using the Platform.
23.3 We may modify, suspend, or discontinue any part of the Platform at any time.
24. General Provisions
24.1 Entire agreement. These Terms, together with the Privacy Policy, AUP, and Cancellation & Refund Policy, constitute the entire agreement between you and Yardly regarding the Platform.
24.2 Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
24.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
24.4 Assignment. You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
24.5 Force majeure. Yardly is not liable for any delay or failure to perform due to causes beyond its reasonable control.
24.6 Relationship of the parties. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Yardly, or between Yardly and any Provider.
24.7 Contact. Questions about these Terms may be directed to [CONTACT EMAIL] or [REGISTERED ADDRESS].
Open Items Requiring Decision / Attorney Input
Company / entity placeholders
- [LEGAL ENTITY NAME] — operating legal entity name
- [ENTITY TYPE] — e.g., LLC, corporation
- [STATE OF FORMATION]
- [REGISTERED ADDRESS]
- [CONTACT EMAIL]
- [EFFECTIVE DATE] and [LAST UPDATED DATE]
Pricing & payments
- Pricing model (fixed / dynamic-surge / per-square-foot / Provider-set vs Yardly-set) — Section 5.1
- Scope/price-change approval policy — Section 5.2
- Sales-tax treatment for lawn-care services in Texas (and other markets); collection/remittance responsibility — Section 5.3
- Whether any Homeowner-facing service/booking/trip fee applies, and disclosure — Section 5.4
- Charge timing (auth-hold vs charge-at-booking vs charge-at-completion) — Section 6.2
- Payment-processor terms link/agreement (Stripe) — Section 7.2
- [COMMISSION %] and whether/how commission is disclosed to Homeowners — Section 8.1
- Provider ACH payout specifics (forthcoming) — Section 8.2
Cancellations & refunds (business decisions)
- Cancellation windows and [CANCELLATION FEE] — Section 10.2
- Homeowner [NO-SHOW FEE] — Section 10.2
- Refund eligibility, quality-complaint process, and time limits — Section 10.3
- Link to Cancellation & Refund Policy — Section 10.1
Provider screening (forthcoming)
- FCRA-compliant background-check scope, CRA used, applicant rights — Section 12.2
Liability
- Liability-cap formulation and dollar amount / [TIME PERIOD] / [CAP AMOUNT] — Section 15.2
Dispute resolution (key decision)
- Binding arbitration + class-action waiver vs. court litigation — Section 17 (and front-matter notice)
- [ARBITRATION ADMINISTRATOR] (AAA / JAMS) — Section 17.2
- Arbitration format and [ARBITRATION VENUE — COUNTY, TEXAS] — Section 17.3
- Arbitration fee/cost allocation — Section 17.3
- [INFORMAL RESOLUTION PERIOD] — Section 17.1
- Whether to offer an opt-out and [OPT-OUT PERIOD] — Section 17.6
- Severability/blow-up provision confirmation — Section 17.7
Governing law / venue
- [VENUE/COUNTY], Texas — Section 18.2
Communications / consent
- SMS consent flows and opt-out mechanics (TCPA) — Section 20.2
- Confirm marketing-email compliance (CAN-SPAM) — Section 20.3
Content / IP
- Scope of content license, including use of yard photos for marketing — Section 22.3
Incorporated documents (links / drafting status)
- [LINK TO PRIVACY POLICY] — Section 21
- [LINK TO ACCEPTABLE USE POLICY] — Section 13.1
- [LINK TO CANCELLATION & REFUND POLICY] — Section 10.1
- Provider Terms / Independent Contractor Agreement (referenced) — Section 1.4
General
- Confirm survival list — Section 19.3