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Last Updated: June 14, 2024
These U.S. Terms of Service and the Privacy Policy (the “Terms”) govern your access or use of FirstService Corporation’s (“we,” “us,” or “our”) website located at firstservice.com (the “Website”). Please read these Terms carefully as they constitute a legal agreement between you and us. Your use of the Website will be deemed to be your acceptance of these Terms. If you do not agree with these Terms, do not use the Website.
IMPORTANT NOTICE: THESE TERMS CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, REQUIRING ANY DISPUTE BETWEEN YOU AND US, SUBJECT TO LIMITED EXCEPTIONS, TO BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION AND REQUIRING YOU TO FOREGO JURY TRIALS, CLASS, COLLECTIVE, REPRESENTATIVE, MASS, OR CONSOLIDATED ACTIONS OR PROCEEDINGS, AND ALL OTHER TYPES OF COURT PROCEEDINGS OF ANY KIND. UNLESS YOU OPT OUT FOLLOWING THE OPT-OUT PROCEDURES IN SECTION I BELOW, YOU WILL BE BOUND BY THIS ARBITRATION AGREEMENT. YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND EXPRESSLY AGREE TO THE MANDATORY ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
Mandatory Individual Arbitration of Disputes.You agree that any dispute, claim, or controversy arising out of or relating to the Website or the Terms, including those relating to the formation, breach, termination, enforcement, interpretation, validity, scope, or applicability of the Terms and this Arbitration Agreement, or the arbitrability of the dispute, claim, or controversy (collectively, “Disputes”), whether such Disputes arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure outlined below, will be resolved solely by binding, individual arbitration in accordance with this Arbitration Agreement and not in a court of law in any jurisdiction and not in a class, collective, representative, mass, or consolidated action or proceeding, as set forth further below.
You and we agree that the U.S. Federal Arbitration Act (“FAA”) governs the interpretation, applicability, enforceability or formation of this Arbitration Agreement or these Terms, including any claim that all or any part of this Arbitration Agreement is void or voidable, notwithstanding any choice of law or other provision in these Terms. It is the intent of the parties that the FAA and ADR Services, Inc.’s (“ADR Services”) Rules described below shall preempt all state laws to the fullest extent permitted by law. If the FAA and ADR Services’ Rules are found to not apply to any issue that arises under this Arbitration Agreement or the enforcement thereof, then that issue shall be resolved under the laws of the state of Massachusetts, without regard to its conflict of laws provisions.
You and we further agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes concerning the interpretation, applicability, enforceability or formation of this Arbitration Agreement or these Terms. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. Notwithstanding this agreement to arbitrate, you and we each retain the right to bring an individual action in small claims court if it qualifies. Each party also retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
Class Action / Jury Trial Waiver.YOU AND WE AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND WE AGREE IN WRITING, YOU AND WE 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, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding, unless both you and we agree in writing. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the entirety of this Arbitration Agreement shall be null and void in its entirety, and you and we shall be deemed not to have agreed to arbitrate Disputes. This Arbitration Agreement shall survive termination of these Terms.
Opt-Out Procedures. You can choose to reject this Arbitration Agreement by sending us a written opt-out notice (“Opt-Out Notice”) within thirty (30) days following the date you first agree to these Terms by mail at 1255 Bay Street, Suite 600, Toronto, Ontario, Canada, M5R 2A9 or by email at privacyrequests@firstservice.com. If mailed, the Opt-Out Notice must be postmarked no later than 30 days following the date you first agree to these Terms. To be effective, the Opt-Out Notice must contain your name, address, and signature. If you opt-out of the Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us.
Rules & Procedures. In the event of a Dispute, you and we each agree to send the other party a written notice of Dispute stating the name, address, and contact information of the party giving notice; the facts giving rise to the Dispute; and the relief requested (“Notice of Dispute”). You must send any Notice of a Dispute by mail to 1255 Bay Street, Suite 600, Toronto, Ontario, Canada, M5R 2A9 or by email at privacyrequests@firstservice.com. We will send any Notice of Dispute to you at the email address or mailing address we have for you, if any. You and we agree to attempt to resolve any Dispute through informal negotiation within 30 days after the Notice of Dispute is received. After the end of that 30-day period and not before, you or we may commence an arbitration proceeding as set forth in this Arbitration Agreement. Notwithstanding the foregoing, our and your right to bring an individual action in small claims court shall not require an attempt to first resolve the relevant Dispute through informal negotiation.
If the parties cannot resolve the matter informally, you and we each agree that all Disputes shall be resolved exclusively through final and binding individual arbitration, rather than in court. All Disputes shall be submitted to ADR Services for arbitration in the city or county wherein you reside, or another location (including by telephone or remote means) that you and we mutually select, and shall be before one arbitrator. The arbitration will be administered by ADR Services in accordance with its rules and procedures, including any supplementary rules and fee schedules then in effect (the “Rules”), except as modified by this Arbitration Agreement. ADR Services’ Rules are available at https://www.adrservices.com/services-2/arbitration-rules/. For information on how to commence an arbitration proceeding, you can contact ADR Services at www.adrservices.com. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms.
A party who wishes to start arbitration must submit a written Demand for Arbitration to ADR Services and give notice to the other party as specified in ADR Services’ Rules. A form for initiating arbitration proceedings is available on ADR Services’ website at www.adrservices.com. Payment of all filing and administration fees will be governed by the Rules.
If 20 or more similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, ADR Services shall: (i) administer the arbitration demands in 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side as set forth in ADR Services’ Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of claims. This provision shall in no way be interpreted as authorizing class or mass arbitrations of any kind. We reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a mass arbitration basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and we shall be deemed not to have agreed to arbitrate Disputes.
Changes to Arbitration Agreement. Notwithstanding the provisions of Section XIV, “Changes to Terms” below, if we change any of the terms of this Arbitration Agreement after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice of such rejection within 30 days of the date such change became effective, as indicated in the “Last Updated” date above. The written notice must be provided either by mail at 1255 Bay Street, Suite 600, Toronto, Ontario, Canada, M5R 2A9 or by email at privacyrequests@firstservice.com. To be effective, your notice must include your full name and clearly indicate your intent to reject changes to this Arbitration Agreement. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and us in accordance with the terms of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
All information, text, photographs, graphics, images, videos, logos, data, software and other materials including our trademarks, service marks and copyrights, if any (collectively the “Content”), found through the Website are owned or licensed by us and may not be used, copied, broadcast, distributed, uploaded, posted or shared in any way without our express written consent.
We expressly reserve all intellectual property rights in the Content. Nothing contained on the Website grants or should be construed as granting any license or right to use the Content for any purpose without our express written consent.
You may use the Website only for lawful purposes and in accordance with these Terms. You may not use the Website:
The Website may contain links to other websites or resources, including websites of our subsidiary brands. These links are for your convenience only and are not under our control and are not subject to our Privacy Policy. We recommend that you check the privacy policies of each such website to determine how your information will be used.
All personal information we collect through the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your personal information in compliance with the Privacy Policy. For a detailed description of our personal information collection practices, please see our Privacy Policy, which is incorporated herein by reference.
THE MATERIALS AND SERVICES PROVIDED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE.
ANY MATERIAL VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR JURISDICTION.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, OUR TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE, ITS CONTENT, OR ITS LINKS SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS WEBSITE.
THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING NEW JERSEY LAW. Any provisions concerning the exclusion or limitation of certain damages in these Terms are not applicable in New Jersey with respect to punitive damages, loss of data, and loss of or damage to property.
These Terms and the Privacy Policies shall be construed under the laws of Massachusetts, which shall control without regard to its conflict of laws provisions. If any Dispute is determined not to be subject to arbitration as provided in these Terms, the exclusive jurisdiction and venue for proceedings concerning such Dispute shall be the state or federal courts of competent jurisdiction in Suffolk County, Massachusetts. To the extent that any Disputes must proceed on a class, collective, consolidated, or representative basis, notwithstanding Section I above, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
We, in our sole discretion, may terminate access to the Website for any reason. Upon any termination, discontinuation, or cancellation of the Website, the following provisions of these Terms will survive: Sections I, VI, VII, and VIII.
Our failure to enforce any portion of the Terms shall not constitute a waiver of any of our rights under these Terms. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us.
Except as set forth in Section I, “Class Action / Jury Trial Waiver,” in the event that any provision or part of any provision in these Terms is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision or portion thereof shall be severed from these Terms; severance of the unenforceable or unlawful provision or portion thereof shall have no impact whatsoever on the remainder of the Terms.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS US AND OUR PRESENT AND FORMER OFFICERS, EMPLOYEES, SHAREHOLDERS, MEMBERS, DIRECTORS, FRANCHISEES, AGENTS, SERVANTS, REPRESENTATIVES, PARENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THE WEBSITE IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE ANY APPLICABLE LAW OR THESE TERMS.
The Website may be subject to limitations, delays, failures or other problems associated with the use of the Internet and electronic communications. We are not liable if the Website is unavailable at any time for any reason.
From time to time, we may change these Terms to accommodate new technologies, industry practices, regulatory requirements or for other purposes in our sole discretion. You are advised to check the Terms regularly, as continued use is deemed to be approval of and consent to all such changes.
We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. The Website may be out of date, and we make no commitment to update the Website.
These Terms and the Privacy Policy constitute the entire integrated and exclusive agreement between you and us with respect to the Website.
If you have a comment or question about the Terms, please contact us at privacymanager@firstservice.com.