Terms of Service

Effective Date: January 2025

IMPORTANT: ARBITRATION NOTICE

These Terms contain an arbitration clause and class action waiver. By agreeing to these Terms, you agree to resolve disputes through binding arbitration and waive your right to participate in class actions. You have the right to opt out of arbitration within 30 days. See Section 15 for details.

These Terms of Service ("Terms") constitute a legally binding agreement between you and NearbyHunt LLC, a Wyoming limited liability company ("NearbyHunt", "Company", "we", "us", or "our"), governing your access to and use of our website at https://www.nearbyhunt.com and all related services (collectively, the "Platform").

BY ACCESSING OR USING OUR PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. If you do not agree to these Terms, do not use our Platform.

We may update these Terms at any time. Your continued use of the Platform after changes constitutes acceptance of the updated Terms.

1. DEFINITIONS

  • "Customer" or "Consumer" means individuals seeking home services through the Platform
  • "Service Professional" or "Professional" means independent contractors offering services through the Platform
  • "Services" means the Platform and related features we provide
  • "Professional Services" means services provided by Service Professionals to Customers
  • "User" means any person accessing the Platform, including Customers and Service Professionals
  • "Content" means any text, images, videos, reviews, or other materials on the Platform

2. ELIGIBILITY AND ACCOUNT

2.1 Eligibility Requirements

To use our Platform, you must:

  • Be at least 18 years old
  • Be legally capable of entering into binding contracts
  • Be a resident of the United States
  • Not be prohibited from using the Platform under applicable laws
  • Not have been previously banned from the Platform

2.2 Account Registration

You may need to create an account to access certain features. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access
  • Be responsible for all activities under your account

2.3 Identity Verification

We may require identity verification, including government-issued ID, to use certain features or services. Service Professionals may be subject to background checks.

3. THE PLATFORM AND SERVICES

3.1 Platform Nature

NearbyHunt is a marketplace platform that connects Customers with independent Service Professionals. We do not provide Professional Services ourselves. Service Professionals are not our employees, agents, or partners.

3.2 No Endorsement

We do not endorse, recommend, or guarantee any Service Professional or the quality, safety, or legality of Professional Services. Customers and Service Professionals contract directly with each other.

3.3 Service Availability

Services are available only in the United States. Availability may vary by location. We do not guarantee the availability of any particular Service Professional or service type.

4. USER CONDUCT AND PROHIBITED USES

You agree not to:

  • Violate any laws, regulations, or third-party rights
  • Provide false, misleading, or fraudulent information
  • Create multiple or fake accounts
  • Impersonate any person or entity
  • Harass, threaten, discriminate, or abuse others
  • Post inappropriate, offensive, or illegal content
  • Submit fake reviews or manipulate ratings
  • Circumvent or avoid platform fees
  • Solicit Service Professionals or Customers off-platform
  • Use automated systems, bots, or scrapers
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Platform
  • Reverse engineer or decompile the Platform
  • Use the Platform for any commercial purpose without our consent
  • Transmit viruses, malware, or harmful code
  • Collect or harvest user data without permission
  • Engage in any activity that damages our reputation

Violation of these rules may result in immediate account termination and potential legal action.

5. BOOKINGS AND PAYMENTS

5.1 Service Requests

When you submit a service request, you are requesting to be connected with Service Professionals. Submission does not guarantee service availability or acceptance by a Professional.

5.2 Pricing and Fees

  • Service Professionals set their own prices for Professional Services
  • We may charge a platform fee for facilitating connections
  • All prices are in US Dollars
  • Prices may include applicable taxes
  • We reserve the right to change our fees at any time

5.3 Payment Processing

We use third-party payment processors. By providing payment information, you authorize us to charge the applicable amounts. You agree to the payment processor's terms and conditions.

5.4 Cancellations and Refunds

Cancellation policies vary by Service Professional. Platform fees may be non-refundable. Refunds, if applicable, will be processed according to our refund policy.

5.5 Taxes

You are responsible for paying all applicable taxes. Service Professionals are responsible for their own tax obligations.

6. USER CONTENT

6.1 Your Content

You may submit content including reviews, photos, and comments. You retain ownership of your content but grant us a license to use it.

6.2 License Grant

By submitting content, you grant NearbyHunt a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display your content in connection with our business.

6.3 Content Standards

Your content must:

  • Be accurate and truthful
  • Be based on genuine experiences
  • Not violate any laws or third-party rights
  • Not contain personal information of others
  • Not be defamatory, offensive, or inappropriate

6.4 Content Removal

We may remove or modify content that violates these Terms without notice. We have no obligation to monitor user content.

7. INTELLECTUAL PROPERTY

7.1 Our Property

The Platform and all its content (excluding user content) are owned by or licensed to NearbyHunt and protected by intellectual property laws. This includes our trademarks, logos, designs, text, graphics, and software.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial purposes in accordance with these Terms.

7.3 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we can use them without compensation or attribution to you.

7.4 DMCA Compliance

We respect intellectual property rights. To report copyright infringement, contact our DMCA agent at [email protected] with:

  • Description of the copyrighted work
  • Location of the infringing material
  • Your contact information
  • Statement of good faith belief
  • Statement of accuracy under penalty of perjury
  • Your physical or electronic signature

8. PRIVACY

Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and protect your information. By using the Platform, you consent to our privacy practices.

You acknowledge that we may share your information with Service Professionals to facilitate services, and Service Professionals may share information about you with us.

9. ELECTRONIC COMMUNICATIONS

By using the Platform, you consent to receive electronic communications from us, including:

  • Service-related emails and texts
  • Marketing communications (with opt-out option)
  • Legal notices and policy updates
  • Account notifications

You agree that electronic communications satisfy any legal requirements for written communications. Standard message and data rates may apply to text messages.

10. THIRD-PARTY SERVICES AND LINKS

The Platform may contain links to third-party websites or services. We are not responsible for third-party content, products, or services. Your use of third-party services is at your own risk and subject to their terms.

11. DISCLAIMERS

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • Merchantability and fitness for a particular purpose
  • Accuracy, reliability, or completeness of the Platform
  • Uninterrupted or error-free operation
  • Security or that defects will be corrected
  • Availability of any particular service or professional
  • Quality, safety, or legality of Professional Services
  • Qualifications or licensing of Service Professionals

WE DO NOT SCREEN, ENDORSE, OR GUARANTEE SERVICE PROFESSIONALS OR THEIR SERVICES. We are not responsible for the conduct, performance, or non-performance of Service Professionals.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEARBYHUNT AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Professional Services or actions of Service Professionals
  • Personal injury or property damage from Professional Services
  • Unauthorized access to or alteration of your data
  • Any third-party conduct or content

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

Some states do not allow limitation of certain damages, so some limitations may not apply to you.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless NearbyHunt and its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising from:

  • Your use of the Platform
  • Your violation of these Terms
  • Your violation of any laws or third-party rights
  • Your content
  • Your interactions with Service Professionals or other users
  • Professional Services you receive

14. TERMINATION

14.1 By You

You may stop using the Platform at any time. To close your account, contact us at [email protected].

14.2 By Us

We may suspend or terminate your access immediately, without notice, if you violate these Terms or for any other reason at our sole discretion.

14.3 Effect of Termination

Upon termination, your right to use the Platform ends immediately. Provisions that should survive termination will remain in effect.

15. DISPUTE RESOLUTION AND ARBITRATION

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS

15.1 Mandatory Arbitration

You and NearbyHunt agree to resolve any disputes through final and binding arbitration, except as set forth below. This includes disputes arising out of or relating to these Terms, the Platform, or your relationship with us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.

15.2 Arbitration Process

Arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration will be held in Wyoming or another mutually agreed location. For claims under $10,000, arbitration will be conducted solely based on written submissions.

15.3 Class Action Waiver

YOU AND NEARBYHUNT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY. Neither you nor we will seek class treatment for any disputes subject to arbitration.

15.4 Exceptions

The following disputes are excluded from arbitration:

  • Small claims court actions (if your claims qualify)
  • Injunctive relief for intellectual property violations
  • Disputes that cannot be arbitrated under applicable law

15.5 30-Day Opt-Out Right

You have the right to opt out of arbitration within 30 days of first accepting these Terms by sending written notice to:

NearbyHunt LLC
Attn: Arbitration Opt-Out
1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA
Email: [email protected]

Include your name, address, and account email. Opting out won't affect your ability to use the Platform.

15.6 Severability

If the class action waiver is found unenforceable, the entire arbitration provision will be null and void. If any other part is deemed invalid, the remainder will remain in effect.

16. GOVERNING LAW

These Terms are governed by the laws of Wyoming, without regard to conflict of law principles. For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts in Wyoming.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and NearbyHunt regarding the Platform.

17.2 Modification

We may modify these Terms at any time. We'll notify you of material changes through the Platform or email. Your continued use after changes means you accept the new Terms.

17.3 Severability

If any provision is found unenforceable, the rest of the Terms remain in effect.

17.4 No Waiver

Our failure to enforce any right or provision is not a waiver of that right or provision.

17.5 Assignment

You may not assign these Terms without our consent. We may assign our rights to any successor or affiliate.

17.6 Force Majeure

We're not liable for delays or failures due to causes beyond our reasonable control.

17.7 Electronic Signature

Your use of the Platform constitutes your electronic signature and acceptance of these Terms.

17.8 Survival

Provisions regarding intellectual property, disclaimers, liability limitations, indemnification, arbitration, and general provisions survive termination.

18. SPECIAL TERMS FOR SERVICE PROFESSIONALS

If you are a Service Professional, additional terms apply:

18.1 Independent Contractor Status

You are an independent contractor, not an employee, agent, or partner of NearbyHunt. You have no authority to bind us to any obligations.

18.2 Professional Requirements

  • Maintain all required licenses, permits, and insurance
  • Comply with all applicable laws and regulations
  • Provide accurate information about your qualifications
  • Deliver services professionally and competently
  • Honor your agreements with Customers

18.3 Background Checks

You consent to background checks and agree we may share results with Customers. You must promptly notify us of any criminal convictions or charges.

18.4 Platform Fees

You agree to pay applicable platform fees. We may deduct fees from payments processed through the Platform.

18.5 Non-Circumvention

You agree not to circumvent the Platform to avoid fees or solicit Customers outside the Platform for services initiated through the Platform.

19. CONTACT INFORMATION

For questions about these Terms, please contact us:

NearbyHunt LLC

1309 Coffeen Avenue STE 1200, Sheridan, WY 82801, USA

Email: [email protected]

Phone: +1 307 222 6162

Terms Summary

Key Points:

  • You must be 18+ and a US resident to use the Platform
  • We're a marketplace - we don't provide the actual services
  • Service Professionals are independent contractors
  • Disputes are resolved through binding arbitration (with opt-out option)
  • You waive the right to participate in class actions
  • Platform provided "as is" - we don't guarantee service quality
  • Our liability is limited to fees paid in the last 12 months
  • These Terms are governed by Wyoming law

This summary is for convenience only. The full Terms above are the legally binding agreement.