Steady Install, Inc. Terms of Service

Last Updated: April 2024

The terms of service contained herein constitutes a legally binding agreement (the “Agreement,” “Terms,” or “Terms and Conditions”) between you and Steady Install, Inc. (“Steady Install,” “we,” “us,” or “our”), and governs your use of the Steady Install application, website, and technology platform (collectively, the “Steady Install Platform”). “You” includes Businesses, Installers, and visitors to the Site or Services (as defined below). 

THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND STEADY INSTALL, INC.  Please read these Terms and Conditions carefully before using the Steady Install Platform.  They contain information regarding your legal rights, remedies, liabilities and obligations.

By using or accessing the Steady Install Platform you expressly acknowledge that you understand the Terms and Conditions (including the dispute resolution and arbitration provisions set forth herein) and accept all of its Terms. If you do not agree to be bound by the Terms and Conditions of this Agreement, you may not use or access the Steady Install Platform.  These Terms apply to all visitors, users and others who wish to access or use the Steady Install Platform.

The Steady Install Platform

Steady Install, Inc. provides an on-demand virtual platform, found at www.steadyinstall.com   and app.steadyinstall.com (“Site”)  through which businesses (“Business”) can connect with supplemental labor (referred to herein as “Installers”) for interior installation projects (“Service(s)”). 

Businesses and Installers are collectively referred to herein as “Users.”

Creating and Using Your Account

Each User shall create an account that enables access to the Steady Install Platform (“User Account”).  You may only create one User Account, and we reserve the right to shut down any additional accounts. 

Business Accounts:

For the Business side, the Business will set up an account through Steady Install with certain information, including an email and other pertinent business information.  Through that account, the Business will then request Services. 

If a Business wants to cancel a project, it must do so 2 hours in advance of the Service start date / time.  If a Business fails to do so, Steady Install reserves the right to require the Business to pay half the contract price for the assigned  Service, or the price of 4 hours of completed work had the Service been completed, whichever is lower.

Installer Accounts: 

An Installer will set up their account through the main website. Before they submit the information, they will have the option to review the Terms and Privacy Notice. In order to create an account, Installers must (i) be 18 years or older, (ii) be authorized to work in the United States, and (iii) provide accurate and complete payment information. If the Installer does not provide payment information that aligns with their social security number, they will be barred from creating an account. 

Any decision by the Installer to offer or accept Services is a decision made by such Installer, in their sole discretion. Each Service provided by an Installer to a Business shall constitute a separate agreement between such persons. Once a connection is made between a Business and an Installer, the applicable Installer is solely responsible for the provision of Services.   

Once you have created an account, you will be able to select the days and times that you are available to be matched with a Business to provide the requested Services.  Due to last minute changes and cancellations from the Business, we cannot guarantee that you will actually be able to perform the project, even if you have confirmed your availability. 

Some projects will require badging and background checks.  In the event a project has one or both of these requirements, it will be stated in the initial project description.  

If you fail to arrive for a scheduled project, we reserve the right to terminate your access to the Steady Install Platform and your right to perform any further Services. If you anticipate you cannot comply with the schedule for a project, you must login to your dashboard and cancel the accepted project. 

When you agree to these Terms, you acknowledge that you are accepting the terms of specific Services.  Failure to meet these terms will be considered a breach. If you arrive late for your assigned project, arrive without the proper equipment, and/or are unable to meet the project demands, this will be considered a breach of contract and the Business can immediately cancel the Services without payment to the Installer.

Other General Account Terms 

The Steady Install Platform may only be used by individuals who can form legally binding contracts under applicable law.  When you create a User Account, you guarantee that you are 18 years of age or older and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password. You may not allow other persons to use your User Account, and you agree that you are the sole authorized user of your account.  Should you suspect that any unauthorized party may be using your User Account or you suspect any other breach of security, you agree to notify us immediately.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, deactivate, suspend, or terminate accounts, remove or edit content, or cancel orders in our sole discretion. Sending projects to installers is at our discretion.

Purchases 

If you wish to utilize any Service made available through the Steady Install Platform, (“Purchase”), you may be asked to supply certain information relevant to your Purchase to Stripe, our third party payment processor. We accept, ACH, debit, and credit cards. You should look to the Stripe’s terms regarding payments, available at https://stripe.com/payment-terms/legal. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Notice. By making a Purchase, you hereby authorize our third party payment processor to charge your credit card or debit card. We bill on a Net 15 term and reserve the right to charge a 10% late fee in the event  payment is not received by the due date of any invoice.

You represent and warrant that such payment information is true and that you are authorized to use the payment instrument. By providing your payment information, you represent and warrant that you have the legal right to use such payment method in connection with any Purchase and that the information you supply to us is true, correct and complete.

If you fail to pay for any Purchase, Service or other fees, we may suspend your access to the Site and Services. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to Service availability, errors in the description or price of the product or service, or other reasons.

We reserve the right to refuse or cancel your Purchase if fraud or an unauthorized or illegal transaction is suspected.

Payments

Payments are made and received through our third party payment processor, Stripe.  Please review Stripe’s payment terms and conditions available at https://stripe.com/payment-terms/legal.

Payments to Steady Install by Businesses. Upon booking Services through the Steady Install Platform and receipt of the Installer’s invoice and bill, the Business shall pay Steady Install for Services.  All payments are made through Stripe, our third party payment processor. 

Payments to Installers. You will be paid on daily increments for your work on Services, as determined before each project. You will submit proof of services rendered. You will be compensated once Steady Install receives your proof of services. The payments will be processed via Stripe, our third party payment process.

If you accept a project and it gets canceled inside the 2 hour window, if Steady Install receives any fees associated with the cancelation, you will receive your proportional share.

Your Information

As set forth in this Agreement, certain information is needed for the account setup and to connect Users for Services.  You consent to us using any information you provide, publish or post to or through the Steady Install Platform (including any profile information you provide or send to other Users) to create a User Account that will allow you to use the Steady Install Platform and participate in the Services. Our collection and use of personal information in connection with the Steady Install Platform and Services is as provided in Steady Install’s Privacy Notice located on the website (https://www.termsfeed.com/privacy-policy/9cf741bb798dc1ca42396351d8637137). You are solely responsible for your information.  You agree to provide and maintain accurate, current and complete information and that we and other members of the public may rely on your information as accurate, current and complete.  You also represent and warrant that any information you submit does not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy or other rights of any third party.  You hereby grant to Steady Install a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your information, and to use, copy, perform, display and distribute such information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known.  We do not assert any ownership over your information; you retain full ownership of all of your information and any intellectual property rights or other proprietary rights associated with your information. 

Notwithstanding the foregoing, unless you specifically instruct Steady Install otherwise, Steady Install reserves the right to take pictures of Installers as well as the projects at the Business locations, and to use those pictures for marketing purposes.

Installer Representations, Warranties and Agreements

By providing Services as an Installer on the Steady Install Platform, you represent, warrant, and agree that:

  • The information you have provided to Steady Install is true and accurate; 

  • You are able to provide Services as defined and accepted within the contract for any particular project; and 

  • You will not drive or operate any heavy equipment without the appropriate licensure while undertaking activities within the scope of your project assigned through Steady Install. 

You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.

 

Installer’s Relationship with Steady Install

You and Steady Install expressly agree that no joint venture, franchisor- franchisee, partnership, agency, or employment relationship is intended or created by this Agreement. You have no authority to bind Steady Install.  As an Installer on the Steady Install Platform, you acknowledge and agree that the relationship between the parties under this Agreement is solely that of independent contracting parties.  

You specifically acknowledge and agree to the following:

  • You are providing services as an independent contractor and not as an employee.

  • All or substantially all of the payment paid to you shall be based on the performance of Services. 

  • You are allowed to work any hours or schedules that you choose.  If you elect to work specified hours or schedules, a contract may require you to perform work during the selected hours or schedules.

  • The Terms of this Agreement do not restrict your ability to perform services for other parties. 

  • You bear all or substantially all of your own expenses that are incurred by you in performing the Services.

  • You are responsible for the taxes on your own income.

  • As defined herein, this Agreement may be terminated without cause by either party to the contract at any time on reasonable notice given to the other party.

If you are Arizona-based Installer, you understand and agree that the terms set forth herein qualify you as a Qualified Marketplace Contractor in compliance Arizona Revised Statute 23-1603.

Steady Install does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services or your acts or omission. You retain the option to accept or to decline or ignore a Business’ request for Services, or to cancel an accepted request for Services, via the Steady Install Platform, subject to then-current cancellation policies. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.

Intellectual Property

The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Steady Install, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Steady Install, Inc.  You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to us are non-confidential and shall become the sole property of Steady Install, Inc.

State and Local Disclosures

We currently operate in Arizona, New Mexico, Oklahoma, and Texas. Certain jurisdictions will require additional disclosures to you. We will update these disclosures as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.

Term and Termination

This Agreement is effective upon your creation of a User Account. 

We may deactivate, terminate, or suspend your account and bar access to our platform, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Steady Install Platform, or please contact us in writing through our Help Center at Hello@steadyinstall.com with your request. 

If you choose to terminate your account, we will deactivate it for you but may retain information from your account for a certain period of time and disclose it in a manner consistent with our practices under the Privacy Notice for accounts that are not closed. We also may retain information from your account to collect any fees owed, resolve disputes, troubleshoot problems, analyze usage of the Steady Install Platform, assist with any investigations, prevent fraud, enforce our Terms of Service, or take other actions as required or permitted by law.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Modification to the Agreement or Services

Steady Install, Inc. reserves the right, at any time, and from time to time, to modify or to discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that Steady Install, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. From time to time, we may restrict access to some parts of the Service, to Users. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Steady Install, Inc. may specify from time to time the version(s) of web browsers required in order to use the Service, and you acknowledge that Steady Install, Inc. is not obligated to support all web browsers and Steady Install, Inc. is not obligated to continue support of any web browsers it supported at an earlier time.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.  

Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.  If you wish to opt out of promotional calls or texts, you may text back that you wish to opt out of any future promotional calls or texts.

Availability, Errors and Inaccuracies

We are constantly updating offerings on the Steady Install Platform and Site. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Steady Install Platform and Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Links to Other Web Sites 

The Steady Install Platform may contain links to third party web sites or services that are not owned or controlled by Steady Install, Inc.

Steady Install, Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Steady Install, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Steady Install, Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Steady Install Platform, by you or any person using your account and password; b) a breach of these Terms, c) any Services provided through the Steady Install Platform; d) any allegation that any materials that you submit to us or transmit through the Steady Install Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;  and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. 

Disclaimers

Steady Install facilitates communications and connections for jobs between the Business and the independent contractor Installer, but we do not provide interior installation services, nor do we have any control over an Installer’s provision of Services.  

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. STEADY INSTALL, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. B) STEADY INSTALL, INC. MAKES NO WARRANTY THAT (I) SERVICE WILL MEET YOUR REQUIREMENTS; (II) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SERVICE WILL MEET YOUR EXPECTATIONS. STEADY INSTALL, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. STEADY INSTALL, INC. EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF SERVICE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS, INCLUDING BUT NOT LIMITED TO THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 AND AS MODIFIED AND AMENDED, THE GRAMM-LEACH-BLILEY ACT OF 1999 AND AS MODIFIED AND AMENDED, THE SARBANES-OXLEY ACT OF 2002 AND AS MODIFIED AND AMENDED, OR OTHER FEDERAL OR STATE STATUTES OR REGULATIONS.  

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF SERVICE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. STEADY INSTALL, INC. IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED IN SERVICE. STEADY INSTALL, INC. DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STEADY INSTALL, INC. OR THROUGH OR FROM SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

Limitation of Liability

IN NO EVENT SHALL STEADY INSTALL, INC., NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, OR AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF STEADY INSTALL, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. YOU AGREE THAT STEADY INSTALL, INC. WILL NOT BE LIABILE FOR ANY OF THE ABOVE (I) THROUGH (V) FOR THE PERIOD OF TIME PRIOR TO THE CREATION OF THE TERMS OF SERVICE. YOU ALSO AGREE THAT STEADY INSTALL, INC. WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SERVICE OR THE SERVICE(S) YOU ACCESS THROUGH THE SERVICE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND STEADY INSTALL, INC. REASONABLE CONTROL.  

IN NO EVENT SHALL STEADY INSTALL, INC. BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Conduct of Users

Steady Install is not responsible for the conduct, whether online or offline, of any User of the Steady Install Platform.  You are solely responsible for your interactions with other Users. By using the Steady Install Platform, you agree to accept such risks and agree that we are not responsible for the acts or omissions of other Users.

We are not responsible for the use of any personal information that you disclose to other Users on the Steady Install Platform or through the provision of Services. Please exercise care regarding the type of information that you disclose or release to others.  We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”). 

We reserve the right, but we have no obligation, to monitor the information posted on the Steady Install Platform and to remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.

Disputes Between Users

Steady Install does not and cannot make any representation as to the suitability or fitness of any Business, Installer or other individuals with whom you may decide to interact on or through the Steady Install Platform, nor does it or can it make any representations as to the accuracy or suitability of any information or recommendations made by any individual about any User.  Any and all interactions between Installers and Businesses through the use of the Steady Install Platform are solely between you and the other individuals and/or businesses, including the performance of any services by such parties and any other terms, conditions, warranties or representations associated with such transactions or dealings. 


It is your personal choice to decide whether to use the services of an Installer or other service provider, to provide services to a Business, or to use information contained on the Steady Install Platform. Steady Install is under no obligation to become involved in any dispute that may arise between Users of the Steady Install Platform, or about or pertaining to any Services provided.  Should a dispute arise between you and any User or third party, you hereby release us, our officers, directors, employees, partners, agents, and affiliates, and successors in rights from any claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, foreseeable or unforeseeable, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Services.

Restricted Activities

With respect to your use of the Steady Install Platform and your participation in the Services, you agree that you will not: 

  • impersonate any person or entity or other User; 

  • drive on or during a project operate forklift/heavy equipment if you are an Installer (any driving or operating heavy equipment is considered beyond the scope of any Services); 

  • threaten or harass any person or entity in any way; 

  • violate any law, statute, rule, permit, ordinance or regulation; 

  • interfere with or disrupt the Steady Install Platform or the servers or networks connected to the Steady Install Platform; 

  • use the Steady Install Platform in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; 

  • post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; 

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Steady Install Platform; 

  • “frame” or “mirror” any part of the Steady Install Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; 

  • modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Steady Install Platform or otherwise try to derive the source code of the Steady Install Platform;

  • link directly or indirectly to any other web sites; 

  • transfer or sell your User Account, password and/or identification to any other party;

  • override or attempt to override any security component on the Steady Install Platform; and/or

  • cause any third party to engage in the restricted activities above.

Dispute Resolution and Arbitration Agreement

You and Steady Install, Inc. mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree to resolve any dispute by arbitration, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Steady Install ends. Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Steady Install, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.  

Except as expressly provided below, all disputes and claims between us (each a “Claim” and collectively, “Claims”) shall be exclusively resolved by binding arbitration solely between you and Steady Install. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Steady Install Platform, the Services, any other goods or services made available through the Steady Install Platform, your relationship with Steady Install.  

All disputes concerning a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below. 

By agreeing to arbitration, you understand that you and Steady Install are waiving the right to sue in court or have a jury trial for all Claims, except as expressly otherwise provided in this Arbitration Agreement. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate. 

Class Action Waiver

You understand and agree that you and Steady Install may each bring Claims in arbitration against the other only in an individual capacity and not on a class, collective action, or representative basis (“Class Action Waiver”). 

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.  Except as otherwise provided in this Arbitration Agreement, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. Neither you, nor any other user of Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding.

The arbitrator 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 claims. 

Arbitration Procedures 

Any arbitration conducted pursuant to this Arbitration Agreement shall be administered by the American Arbitration Association (“AAA”) pursuant to its Commercial Arbitration Rules that are in effect at the time the arbitration is initiated, as modified by the terms set forth in this Agreement. Copies of these rules can be obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules, but in no event shall the arbitrator consolidate more than one person’s Claims, or otherwise preside over any form of representative, collective, or class proceeding. 

The arbitrator will decide the substance of all claims in accordance with applicable law, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Businesses or Installers, but is bound by rulings in prior arbitrations involving the same Businesses or Installers to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof, provided that any award may be challenged in a court of competent jurisdiction. 

Location of Arbitration

Either you or Steady Install may initiate arbitration in Arizona or the federal judicial district that includes your billing address.  

Exceptions to Arbitration.  This Arbitration Agreement shall not require arbitration of the following types of claims: (1) small claims actions brought on an individual basis that are within the scope of such small claims court’s jurisdiction; and (2) claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA. 

In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

 

Governing Law

These Terms and any controversy arising out of or relating to these Terms shall be governed by and construed exclusively in accordance with the laws of the State of Arizona, without regard to conflict of law principles. However, the arbitration provision set forth above shall be governed by the Federal Arbitration Act. You irrevocably and unconditionally submit to the exclusive jurisdiction of the state and federal courts in Maricopa County, Arizona for the purpose of any suit, action, or other proceeding arising out of or based upon these Terms.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Data Security / Privacy Policy

We are committed to protecting the data of all Users. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data. 

Steady Install, Inc. values the privacy of individuals who use our application, websites, and related services (collectively, the “Steady Install Platform”).  This privacy notice (the “Privacy Notice”) explains how we collect, use, and share information from Steady Install  Users, comprised of both Installers and Businesses, as defined herein.  Beyond the Privacy Notice, your use of the Steady Install Platform is also subject to our Terms of Service.

We collect and use information for our legitimate business needs and interests.  For example, we may use bank account information to collect or remit payment for Services Rendered.  Please refer to our comprehensive Privacy Notice, which is located on our website (https://www.termsfeed.com/privacy-policy/9cf741bb798dc1ca42396351d8637137), and governs, among other things, the treatment of all information you submit to us.  As long as you use the Steady Install Platform, you are agreeing to the Privacy Notice and any updates we make to it.

Contact Us

If you have any questions about these Terms, please contact us.