Rakemates provides a personalized subscription service that allows our Customers, “Customers”, “Members”, “You”, to access hassle-free front yard maintenance (“Service”).
As used in these Terms and Conditions, “Service”, “our service” or “the service” means the personalized service provided by Rakemates for receiving front yard maintenance, including all features and functionalities, the website, and user interfaces, as well as all beautification and maintenance associated with our service.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 4 TO RESOLVE ANY DISPUTES WITH RAKESMATES (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
ADDITIONAL PROVISIONS. Unless otherwise specified herein, the following additional provisions are expressly incorporated into this contract:
- Membership, Fees, Billing, and Cancellation. The work described in this agreement shall be performed according to the services selected by the customer at Rakemates.com, as applicable, as set forth at Rakemates.com/services.
- Your Rakemates membership will continue and automatically renew until terminated. To use the Rakemates service you must have Internet access and residence with a front yard and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
- We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your Rakemates membership by visiting our website and clicking on the “My Account” link.
- Billing Cycle. The membership fee for the Rakemates service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated on your “My Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register.
- Payment Methods. To use the Rakemates service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
- Updating your Payment Methods. You can update your Payment Methods by going to the “My Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
- Cancellation. You can cancel your Rakemates membership at any time, and you will continue to have access to the Rakemates service through the end of your billing period. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the “Account” page. If you signed up for Rakemates using your account with a third party as a Payment Method and wish to cancel your Rakemates membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Rakemates service through that third party. You may also find billing information about your Rakemates membership by visiting your account with the applicable third party.
- Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms and Conditions, any price changes or changes to your subscription plan will take effect following notice to you.
- No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Collection/Legal Fees. Customer agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should Customer default in payment of this agreement, or otherwise be in default according to the terms contained herein.
- Rakemates Service.
- Customer must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Rakemates service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms and Conditions.
- Property Lines and Service Area. The service area begins where the property meets street access, extends to the left and right property lines, and does not exceed beyond the forward most portion of the main structure or primary residence on the service address lot. The identification of property lines and service area is at Rakemates discretion.
- You agree to use the Rakemates service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms and Conditions, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Rakemates service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Rakemates service; use any robot, spider, scraper or other automated means to access the Rakemates service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Rakemates service; insert any code or product or manipulate the content of the Rakemates service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Rakemates service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms and Conditions or are engaged in illegal or fraudulent use of the service.
- Passwords and Account Access. The customer who created the Rakemates account and whose Payment Method is charged (the “Account Owner”) has access and control over the Rakemates account. To maintain control over the account and prevent anyone from accessing the account (which could include information on billing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. The Customer is responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. Rakemates can terminate your account or place your account on hold in order to protect you, Rakemates or our partners from identity theft or other fraudulent activity. Rakemates is not obligated to credit or discount a membership for holds placed on the account by either a representative of Rakemates or by the automated processes of Rakemates.
- Unused Material. All unused material shall remain the property of Rakemates, who shall retain full title, Customership and right of possession of and Terms and Conditions is similarly signed by any of Rakemates. officers, employees, or agents.
- Delay. Rakemates shall not be held responsible for any damage occasioned by delays resulting from work done by Customer’s subcontractors, extra work, acts of Customer or Customer’s agent including failure of Customer to make timely progress payments or payments for extra work, shortages of material and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Rakemates reasonable control.
- Cleanup. Upon completion, and after collecting all debris and surplus material, wherever possible, Rakemates will leave the property hardscape in a neat, blown clean condition. Customer grants Rakemates the right to dispose of trash/debris generated from Rakemates work on the property into Customer’s trash/garbage receptacles.
- Unanticipated Conditions & Concealed Damage/Acts of God. Rakemates shall not be responsible for any damages caused to the property and irrigation systems or work performed by Rakemates because of the elements, acts of God, acts of third parties, including the Customer or occupant or any other damages resulting from actions beyond the Rakemates control, to include act of terrorism or war. Rakemates is not responsible to repair any such discovered deterioration or condition and any work done by Rakemates to remedy such will only be done as extra work pursuant to written change order.
- Authorization, Release For Delivery, and Removal of Materials. Customer hereby authorizes Rakemates, Subcontractors, Suppliers, Delivery Companies, and/or Waste Removal Companies to enter upon Customer’s property for the purpose of delivering or removing materials and/or waste from the subject property. Customer further acknowledges that due to the weight of equipment and/or materials, potential damage may occur to the driveway and/or surfaces the equipment or materials are driven or placed upon during the project. Accordingly, Customer does hereby release and hold harmless Rakemates, Subcontractors, Suppliers, Delivery Companies, and/or Waste Removal Companies or any other Rakemates delivering or removing equipment, materials, or waste from any and all damage which may occur to the driveway and/or any other surfaces on the property.
- Insurance. Rakemates will maintain comprehensive general liability insurance insuring Rakemates liability for bodily injury, death, and property damage. Rakemates will also maintain worker’s compensation insurance on its employees, and require its subcontractors to similarly provide said insurance. Proof of insurance shall be provided to Customer upon request.
- Advertising. Customer further grants Rakemates the right to publish the project street address on a “references” list which may be given to prospective customers. Rakemates and its advertising/marketing representatives retain the right to photograph the work they have performed for the purpose of their website and/or Rakemates marketing materials, without remuneration or reimbursement to the client.
- Disclaimers of Warranties and Limitations on Liability.
- THE RAKEMATES SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE RAKEMATES SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. RAKEMATES DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE RAKEMATES SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. RAKEMATES SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, AND RAKEMATES SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
- TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL RAKEMATES, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- NOTHING IN THESE TERMS AND CONDITIONS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Arbitration Agreement. If you are a Rakemates member in the United States (including its possessions and territories), you and Rakemates agree that any dispute, claim or controversy arising out of or relating in any way to the Rakemates service, these Terms and Conditions and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award and nothing in this Arbitration Agreement shall be interpreted as limiting any non-waivable statutory rights. You agree that, by agreeing to these Terms and Conditions, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Rakemates are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Rakemates membership.
- If you elect to seek arbitration or file a small claim court action, you must first send to Rakemates, by certified mail, a written Notice of your claim (“Notice”). The Notice to Rakemates must be addressed to: General Counsel, Rakemates, LLC., PO Box 3819, Pinehurst, NC 28374 (“Notice Address”). If Rakemates initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Rakemates, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Rakemates and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Rakemates may commence an arbitration proceeding or file a claim in small claims court.
- You may download or copy of a form Notice and a form to initiate arbitration at www.adr.org. You are required to pay any filing and/or administration fees set forth by the American Arbitration Association.
- The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Rakemates and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.
- If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Rakemates’s last written settlement offer made before an arbitrator was selected (or if Rakemates did not make a settlement offer before an arbitrator was selected), then Rakemates will pay you the amount of the award. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
- YOU AND RAKEMATES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Rakemates agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
- Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
- Unsolicited Materials. Rakemates does not accept unsolicited materials or ideas for Rakemates content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Rakemates. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Rakemates and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
- Feedback. Rakemates is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Rakemates service, including the Rakemates website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Rakemates service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
- Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Rakemates Help Center on our website. In the event of any conflict between these Terms and Conditions and information provided by Customer Service or other portions of our website, these Terms and Conditions will control.
- Survival. If any provision or provisions of these Terms and Conditions shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
- Changes to Terms and Conditions and Assignment. Rakemates may, from time to time, change these Terms and Conditions. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable Rakemates service.
- Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: April 5, 2020