This Service & Liability Agreement (the “Agreement”) is between Rapid Easy Dispatch LLC, an Oklahoma limited liability company doing business as RED (“RED,” “we,” “us,” or “our”), and each customer or service provider (each, a “User”) who uses the RED platform. By checking the acceptance box during sign-up you agree to be bound by this Agreement.
RED is a technology platform that connects customers seeking home services with independent, third-party service providers (“Providers”). RED is not a party to any service transaction between a customer and a Provider. RED does not itself perform, supervise, or guarantee any work performed by Providers. Providers are independent contractors, not employees, agents, or partners of RED.
Payments are processed by Stripe, Inc. RED charges Providers a platform fee on each completed job. Refunds and disputes are handled per RED's published dispute policy. RED reserves the right to hold or reverse funds pending resolution of any dispute.
Each Provider agrees to indemnify, defend, and hold harmless RED, its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) the Provider's performance or non-performance of any job, (b) the Provider's breach of this Agreement or of any law, and (c) any injury to persons or damage to property caused directly or indirectly by the Provider.
Each customer agrees to indemnify RED for any harm caused to a Provider by unsafe conditions the customer knew of and failed to disclose.
The RED platform is provided “AS IS” and “AS AVAILABLE.” RED makes no warranty, express or implied, regarding the quality, safety, or legality of any Provider's work, the accuracy of any listing, or the reliability of the platform. To the maximum extent permitted by law, RED disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
To the maximum extent permitted by law, in no event will RED's total aggregate liability to any User arising out of or related to this Agreement or use of the platform exceed the greater of (a) the total platform fees paid by or to that User in the six (6) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). RED will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility of such damages.
Any dispute arising out of or related to this Agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, seated in Oklahoma City, Oklahoma. Users waive the right to a jury trial and to participate in any class or collective action. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction for infringement of intellectual property rights.
Either party may terminate this Agreement at any time. RED may suspend or terminate any account without notice for violation of this Agreement, applicable law, or RED's reasonable safety, quality, or fraud-prevention rules. Sections 5, 6, 7, 8, and this Section 9 survive termination.
This Agreement is governed by the laws of the State of Oklahoma, without regard to its conflict-of-laws principles.
RED may update this Agreement from time to time. When we do, we will post the new version at getred.app/service-agreement, update the effective date, and — if the change is material — require you to re-accept before continuing to use the platform. Continued use after the effective date of a non-material change constitutes acceptance.
Questions about this Agreement can be sent to travis@lighttmedia.com.
By checking the acceptance box during sign-up you confirm that you have read, understood, and agree to be bound by this Agreement.