Cottage Agreement: Designer Identification
Terms & Conditions
These Terms of Service (“Terms”) are a binding legal agreement between you and Cottage that govern your right to use the websites, applications, and other offerings from Cottage (collectively, the “Cottage Platform”). When used in these Terms, “Cottage,” “we,” “us,” or “our” refers to the Cottage entity with whom you are contracting.
YOU ACKNOWLEDGE THAT “ARBITRATION OF DISPUTES” BELOW REQUIRES YOU TO SUBMIT TO BINDING ARBITRATION, AND NOT A TRIAL, FOR ANY DISPUTE ARISING OUT OF THESE TERMS, AND THAT YOU ALSO WAIVE YOUR RIGHT TO BRING ANY ACTION ARISING OUT OF THESE TERMS ON BEHALF OF, OR AS A MEMBER OF, A CLASS OF PLAINTIFFS.
The Cottage Platform offers an online venue that enables individuals and businesses (“Owners”) to schedule, plan, design, book and pay for design, engineering and contracting services (collectively “Pro Services”) provided by architectural designers, specialty consultants and engineers, and contractors (collectively “Pros)”. The Cottage Platform allows you to document the requirements (“Project Requirements”) for your construction project (“Project''), submit requests for Pro Services, and review proposals from and engage Pros for Pro Services. As the provider of the Cottage Platform, Cottage does not offer, manage or control the Pro Services. Cottage is not a party to the contracts entered directly between Owners and Pros, nor is Cottage a Pro. Cottage is not acting as an agent in any capacity for any Owner or Pro, except as specified in the Payments Terms of Service (“Payment Terms”).
You must register an account to access and use many features of the Cottage Platform, and must keep your account information accurate. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify Cottage at hello@cotta.ge.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to users.
PROJECTS AND PRO SERVICES
Cottage is not a party to the contracts entered directly between Owners and Pros. Once you indicate you wish to hire the Pro for your Project, you are directly contracting with the Pro (not Cottage) for the Pro Services. The Pro will then perform the Pro Services in accordance with the Project Requirements.
You understand and agree that Cottage itself does not provide Pro Services, and that Cottage is not an architectural designer, engineer, contractor, licensed home improvement contractor or employment service, nor is Cottage an agent of the Pro. The Pros made available through the Service are not employees, contractors or agents of Cottage. It is up to the Pro to offer and provide Pro Services. The provision of the Pro Services by the Pro to you is subject to the Contract entered into between you and the Pro (not Cottage). Cottage does not have control over the quality, timing, or any other aspect whatsoever of any renovation services and will not be liable for any claim, injury or damage arising in connection with the Pro Services or the conduct or activities of Pros. You agree and understand that you assume all risks when using the Service and the Pro Services, including any risks associated with interactions with Pros and receipt of Pro Services.
If necessary, Cottage will use reasonable efforts to substitute a Pro of similar capabilities. You will be required to execute a Contract with any substitute Pro. Any changes to the costs for the Pro Services made as a result of a change to the Pro are subject to your prior approval.
SCREENING OF PROS AND RELEASE OF RESPONSIBILITY FOR PRO SERVICES
Cottage takes reasonable commercial efforts to screen Pros using reasonable background checks, reference checks and interviews before providing access to the Platform. While we take reasonable steps to verify that Pros have obtained applicable licenses and insurance/bonding, Cottage does not independently verify information from third party sources. You acknowledge that Cottage is not liable for misrepresentations or misleading or inaccurate information supplied by Pros or third party sources, and you release Cottage (and its officers, directors, agents, investors, subsidiaries, parents and employees) from any liability in connection therewith.
Cottage collects data on Pro performance on the Platform, including timeliness, cost and Owner satisfaction ratings and uses it to connect Owners with high performing Pros. However, Cottage is not an agent of Pros and does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any Pro Services provided in connection with any Project, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Pros. You acknowledge and agree that Cottage will have no responsibility or liability relating to (i) compliance with relevant laws, regulations and safety requirements relating to the Pro Services provided by Pros, or (ii) compliance with state or local licensing regulations applicable to Pros. Because Cottage is not a party to the Contract between you and the Pro and is not involved in the completion of the Pro Services, if you have a dispute with a Pro, you release Cottage (and its officers, directors, agents, investors, subsidiaries, parents and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes (“Dispute Liabilities”), as further provided in the Liability Disclaimer and Release provision below.
GENERAL CONTRACTOR WARRANTY
Cottage requires that all general contractors who participate in our Pro network offer a one-year warranty to you against installation defects (the “Warranty Period”), and that all manufacturer materials warranties are passed to you. If you experience any issues with the Project during the Warranty Period, reach out to the contractor immediately. If at any time you are unhappy with the contractor’s response, please contact hello@cotta.ge and we will endeavor to work directly with the contractor to arrive at a satisfactory result. Cottage may, but is not required, to arrange for alternative resolutions if we are unable to reach a resolution satisfactory to you and the contractor.
FEES
Cottage may charge fees and applicable taxes (“Fees”) to Owners for the right to use the Cottage Platform. Fees vary based on a variety of factors and are shown during checkout before you kick off your Project. Except as otherwise provided on the Cottage Platform, service fees are non-refundable. Cottage reserves the right to change the service fees at any time, and will provide Owners notice of any fee changes before they become effective. If you disagree with a fee change you may terminate this agreement at any time by emailing hello@cotta.ge.
PAYMENT TERMS
The Cottage Platform enables Owners to view invoices and make payments for Pro Services. Subject to the provisions below (the “Payment Terms”), you agree to effect full payment for Cottage Fees and Pro Services through the Platform.
The quoted price for Pro Services will be included in the “Approvals” section of the Cottage Platform and may only be revised or updated subject to written agreement between you and Pro via the Cottage Platform. Your Payment Terms may describe certain tasks and/or events associated with the project (“Project Milestones”), which in some cases trigger payments due upon completion of those Project Milestones (“Installment Payments”). In that case, you will be notified when a Project Milestone is complete in writing, via email and/or the Cottage Platform (the “Milestone Notice”). You are responsible for monitoring all communications from the Pro and Cottage during the course of the Project. Unless you submit a complaint in writing, via email and/or the Cottage Platform, within three business days of the date on which the Milestone Notice is provided (the “Milestone Complaint Period”), you agree that the work has been satisfactorily performed and, if applicable, to pay the Installment Payment associated with the relevant Project Milestone upon expiration of the Milestone Complaint Period. If you do not submit a written complaint during the Milestone Complaint Period, and you have provided your credit card information to Cottage and/or our Payment Processor (defined below), Cottage may charge the Installment Payment amount associated with the relevant Project Milestone to your credit card upon expiration of the Milestone Complaint Period. You will be notified in writing, via email and/or the Cottage Platform, before any charge is applied to your credit card.
You and the Pro mutually agree that, in the interests of fairness and efficiency, you and the Pro will employ expedient, reasonable, and informal means to resolve or cure any complaint or dispute within thirty (30) days. If you and the Pro are unable to resolve the complaint or dispute within thirty (30) days, you or the Pro may seek relief under the Arbitration of Disputes provision of these Terms.
You will not make any payments Pro Services directly to the Pro, and Cottage will not be responsible for any such payments or refunds thereof, in the event you do. Cottage may collect payment via ACH, wire, credit card or other means as set forth in your Payment Terms. Please note that if you dispute any payment via chargeback, we have the right at our option to pursue you for payment, to seek reimbursement of any related costs incurred by us, to turn any past due account over to collections, and/or report delinquent payment to credit bureaus. We will collect and pay applicable sales tax to the Pro on your Project. You are responsible for providing Cottage with valid payment information and the timely payment of all fees and other taxes related to Pro Services.
Cottage may use a third party payment processor (the “Payment Processor”), such as Stripe, to process payments or credits, as applicable, in connection with your use of the Cottage Platform. The processing of such payments will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. Cottage is not responsible for any errors by the Payment Processor or for any security breaches suffered by such entity. By using the Service, you hereby consent and authorize Cottage and the Payment Processor to share any information and payment instructors you provide to the minimum extent required to complete your transactions.
CANCELLATION POLICY
Once any Installment Payment is received and work is started on your Project, and you decide to cancel your Project, you agree that any Installment Payments made through the date of cancellation are not refundable.
CODE OF CONDUCT
With respect to Cottage, Pro, and Subcontractor employees and representatives, you agree at all times to refrain from and not to use language or engage in any acts or behavior that are (1) defamatory, violent, abusive, or threatening, (2) bigoted, hateful, racist, sexist, or makes an exclusionary joke or statement that is offensive to another based on race, gender, citizenship (or the lack thereof), sexual orientation, ethnic origin or religious affiliation, (3) vulgar, obscene or indecent, (4) an unauthorized use, publication or posting of personal information (i.e. name, address, phone number, email, etc.) or (5) descriptive of illegal or criminal conduct or actions.
CONTENT
Cottage may take photos and recordings of the work done by Pros and reproduce and display such photos and recordings online and in marketing materials for the Service and/or Pros (including the right to permit our designees to do the foregoing). You agree to allow Cottage (or its designee) reasonable access to the Project site for such purpose, and you agree that Cottage may disclose, copy, reproduce, publicly display, publicly perform, transmit, distribute, translate, reformat, incorporate, and otherwise use such photos and recordings, in whole or in part, and create derivative works therefrom, in any media now known or hereafter developed, and for any purpose without compensation to you or anyone else.
THIRD PARTY CONTENT, SERVICES & PROVIDERS
The Cottage Platform enables access to third-party content, products, and services, such as access to services from professionals, and it offers interactions with third-parties that we do not control. We assume no responsibility for, nor do we endorse or verify the content, offerings or conduct of third-parties (including but not limited to the products or services offered by third-parties or the descriptions of the products or services offered by third- parties). We make no warranties or representations with respect to the accuracy, completeness or timeliness of any content posted on the Cottage Platform by anyone. The Cottage Platform may contain links to other websites (the "Third-Party Sites") for your convenience. We do not control the linked websites or the content provided through such Third-Party Sites. Your use of Third-Party Sites is subject to the privacy practices and terms of use established by the specific linked Third-Party Site, and we disclaim all liability for such use. The availability of such links does not indicate any approval or endorsement by us.
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Cottage and Cottage is not responsible for the contents or privacy policies of any Linked Site, including any link contained in a Linked Site, or any changes or updates to a Linked Site. Cottage is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Cottage of the site or any association with its operators. Certain services made available via the Website are delivered by third party sites and organizations, such as the Pro Services which are provided by third party Pros and payment processing which are provided by the Payment Processor. By using any product, service or functionality originating from the Website, you hereby acknowledge and consent that Cottage may share such information and data as is required to allow the third parties with whom Cottage has contractual relationships to provide the requested product, service or functionality, including sharing your personal information with Pros in connection with soliciting Pros to complete your Project, as set forth in our Privacy Policy. No Unlawful or Prohibited Use/Intellectual Property You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and Service strictly in accordance with these Terms. This license expressly does not permit any resale or commercial use of the Website or its contents; any reverse engineering of the Website or Service; any derivative use of the Website or its contents; or any downloading or copying of such information for the benefit of another merchant, user or service. You may not use any automated device, computer program, tool, algorithm, bot or similar process to mine, monitor or systematically scrape or extract data from the Website. Except as otherwise specifically provided on this Website, redistribution, retransmission, republication or commercial exploitation of the contents of the Website or the Service are expressly prohibited without the written consent of Cottage and any copyright owner from whom we have obtained a license. As a condition of your use of the Website, you warrant to Cottage that you will not use the Website or Service for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website or Service. All content included as part of the Website and Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Cottage or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not delete or alter any proprietary rights or attribution notices in any content. By submitting any text, images, graphics, logos, folders, photos or other materials (“Content”) to the Service, you grant Cottage a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense) to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your Content, in whole or in part, in any media formats and through any media channels now known or hereafter developed. You represent and warrant to Cottage that you have all rights necessary to grant Cottage the foregoing rights to your Content, and that your Content does not infringe or violate any third party’s proprietary rights (including intellectual property, privacy and publicity rights).
FEEDBACK
Cottage is pleased to hear from its users, however you agree that Cottage will be free to use, for any purpose whatsoever, any feedback, suggestions, ideas or creative materials you disclose or offer to Cottage (“Feedback”), including via e-mails or telephone calls. Any such Feedback is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation by Cottage to keep such information secret. By uploading or otherwise providing any Feedback to Cottage, you hereby grant Cottage, the unlimited, perpetual right to use, reuse, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, including but not limited to publishing, or developing, manufacturing, and marketing products or services using such Feedback, and you warrant that all “moral rights” in Feedback have been waived.
DISCLAIMER OF REPRESENTATIONS OR WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND SERVICE ARE PROVIDED “AS IS.” COTTAGE DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. COTTAGE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM THE HACKING OR INFILTRATION OF THE WEBSITE OR COTTAGE’S COMPUTER SYSTEMS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE OR SERVICE MAY CONTAIN TECHNICAL INACCURACIES, OUTDATED INFORMATION AND TYPOGRAPHICAL ERRORS. COTTAGE MAKES NO OTHER REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR SUPPLIES OBTAINED BY OR FROM THIRD PARTIES, INCLUDING PRO SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE PRO SERVICES OR THIRD PARTY SUPPLIES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIABILITY DISCLAIMER AND RELEASE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COTTAGE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, LOST PROFITS, PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR PERFORMANCE OF THE WEBSITE OR SERVICE, (2) THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICE, (3) THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICE OR PRO SERVICES, (4) ANY INFORMATION, SOFTWARE, SUPPLIES OR SERVICES OBTAINED THROUGH THE WEBSITE, (5) ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PRO, SERVICE PROVIDER OR ENTITY WHOSE NAME OR ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE, OR (6) OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, SUPPLIES OR PRO SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COTTAGE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU UNDERSTAND THAT THE QUALITY OF THE PRO SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE IS ENTIRELY THE RESPONSIBILITY OF THE PRO WHO ULTIMATELY PROVIDES SUCH PRO SERVICES TO YOU. COTTAGE WILL NOT BE A PARTY TO DISPUTES BETWEEN YOU AND ANY PRO. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING PRO SERVICES (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU, AND YOU EXPRESSLY WAIVE AND RELEASE Cottage FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY PRO (INCLUDING WITHOUT LIMITATION THEFT, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY) OR RELATED TO THE PRO SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, AND IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT COTTAGE OR ITS AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR PARENTS IS LIABLE FOR DAMAGES, IN NO EVENT SHALL COTTAGE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) RELATED TO THE WEBSITE, SERVICE, SUPPLIES OR PRO SERVICES EXCEED THE GREATER OF (1) $100 OR (2) THE AMOUNT EARNED BY COTTAGE, IF ANY, IN CONNECTION WITH SUPPLIES OR SERVICES OBTAINED BY YOU THROUGH THE SERVICE IN THE 6 MONTHS BEFORE THE CLAIM ACCRUED.
INDEMNIFICATION
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Cottage, its officers, directors, employees, agents, parents, affiliates and suppliers, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees and costs) relating to or arising out of (i) your use of the Website or Service in a manner not authorized by these Terms, (ii) your violation of any of these Terms or your use or misuse of the Service or Pro Services, (iii) your violation of any rights of a third party, including Pros, (iv) your violation of any applicable laws, rules or regulations, (v) your interactions with Pros or receipt of Pro Services, including all claims against Pros and Dispute Liabilities, and (vi) your Content. Cottage reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Cottage with respect to such defense, including without limitation in asserting any available defenses.
TERMINATION
Cottage reserves the right, in its sole discretion, to terminate these Terms, without notice; provided, that if Cottage terminates these Terms in the middle of a Project, Cottage will provide you with a refund for any Cottage Services not yet provided. These Terms shall continue to apply for as long as you use the Service, and any provisions contained herein which by their nature or effect are required or intended to be observed after termination will survive termination and remain binding, including the provisions regarding your indemnification obligations, limitations of Cottage’s liability and the resolution of disputes through arbitration.
GOVERNING LAW
To the maximum extent permitted by law, these Terms, including their formation, will be governed by and interpreted in accordance with the laws of the State of California. For all issues or matters in controversy that are not arbitrated as provided in these Terms, you expressly agree and consent to the exclusive jurisdiction and venue of the Superior Court of California for San Francisco, California or the U.S. District Court for the Northern District of California, San Francisco Division, for the resolution of any such dispute.
MANDATORY ARBITRATION OF DISPUTES
You and Cottage agree that any dispute, claim or controversy arising out of your use of the Services, or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including any dispute relating to these arbitration provisions themselves, will be resolved through final and binding individual arbitration by a single arbitrator and not in a class, representative, or consolidated action or proceeding, except as set forth under the “Exceptions to agreement to arbitrate” below. This includes disputes arising out of or relating to interpretation or applicability of this “Arbitration” section, including its enforceability, revocability, or validity. This arbitration provision shall survive termination of these Terms.
Arbitration procedures. The American Arbitration Association (AAA) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in the United States county where you live, unless we both agree to another location or to desk arbitration.
Arbitration Costs. The AAA rules will govern payment of all arbitration fees. Cottage will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you.
Injunctive and Declaratory Relief. Except as provided below, the arbitrator shall determine all issues of liability on the merits of any claim and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that either party seeks public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Exceptions to Agreement to Arbitrate. Notwithstanding the mandatory arbitration agreement above, either you or Cottage may (1) assert claims, if they qualify, in a U.S. small claims court; or (2) bring an individual action seeking only injunctive or other equitable relief from a court to prevent or stop unauthorized use or abuse of the Services or infringement or misappropriation of intellectual property without first engaging in arbitration described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts of the Northern District of California to resolve your claim.
No Class Actions or Class Arbitrations. You may only resolve disputes with Cottage on an individual basis, and may not bring a claim as a plaintiff or class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. If this specific provision is found to be unenforceable, the entirety of this “Arbitration” section will be deemed void.
MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Cottage as a result of these Terms or use of the Service. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect. A party’s failure to enforce any part of these Terms will not be considered a waiver. You may not transfer any of your rights or obligations under these Terms to anyone else without Cottage’s written consent. Unless otherwise specified herein, these Terms, together with the Project Requirements, constitutes the entire agreement between you and Cottage with respect to the Website and Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cottage with respect thereto. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English.
Payment Platform Terms of Service
Thank you for utilizing the payment platform of Cottage Technologies, Inc. (“Cottage”). The following terms and conditions apply for users of this platform:
Cottage’s Facilitation Role: Cottage serves solely as a facilitator to connect the Client and Consultant via referral. Cottage is not a party to this Work Order, and its role is limited to assisting with the referral and facilitating of all payments related to the Work Order.
Payments: All payments associated with this Work Order must be made via Cottage’s payment portal. The use of the payment platform may involve associated fees for Specialty Consultants and Contractors. These fees, when relevant, represent a charge for service to Specialty Consultants and Contractors, not Clients.
Limitation of Liability: Cottage assumes no liability for the scope or execution of the Work Order. Any concerns or disputes related to the Work Order should be addressed directly between the Client and the Consultant.
