Terms of Use Agreement
Last Updated: February 6, 2024
Welcome to aresassist.com, the website and online service of Ares Assist LLC (“Ares Assist,” “we,” or “us”). This page explains the terms by which you may use our online services and the website provided in connection with the service (collectively, the “Service”). By accessing or using the Service, or by clicking a button or checking a box marked “I Agree” (or something similar), you signify that you have read, understood, and agree to be bound by these Terms of Service (this “Agreement”), whether or not you are a registered user of our Service. Users of our Service must also agree to our Acceptable Use Policy. Ares Assist reserves the right to modify these terms and will provide notice of these changes as described below. This Agreement applies to all visitors, users, and others who access the Service (“Users”).
Ares Assist intends for its website to be accessible to all those interested in its services and conform to the standards established by the World Wide Web Consortium and applicable law. If you have any problems accessing our website, please let us know by emailing us at [email protected].
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 10.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 10.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”), WHICH REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 10.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING.
1. Our Service
Ares Assist provides a platform enabling users to hire personal assistants for various services (“Requests”) fulfilled by personal assistants (each, an “Assistant”).
If you have any issues accessing our website, please notify us by emailing [email protected].
1.1 Eligibility
This is a contract between you and Ares Assist. You must read and agree to these terms before using the Ares Assist Service. If you do not agree, you may not use the Service. You may only use the Service if you can form a binding contract with Ares Assist and comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Service by anyone under 13 (or under 16 in Europe) is strictly prohibited and violates this Agreement. The Service is not available to any Users previously removed from the Service by Ares Assist.
Some requests may not be made via the Service by users under 18 or 21 years of age, as applicable. In certain instances, Ares Assist may require you to provide proof of identity to create your account or access or use the Service, and you acknowledge and agree that you may be denied access or use of the Service if you refuse to provide such proof.
1.2 Limited License
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Ares Assist reserves all rights not expressly granted herein in the Service and the Ares Assist Content (as defined below). Ares Assist may terminate this license at any time for any reason or no reason.
1.3 User Accounts
Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time at our sole discretion. We may maintain different types of User Accounts for different types of Users. If you open a User Account on behalf of a company, organization, or other entity, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement and agree to this Agreement on the entity’s behalf. By connecting to Ares Assist with a third-party service, you give us permission to access and use your information from that service as permitted by that service and store your login credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. Failure to maintain accurate, complete, and up-to-date account information may result in your inability to access and use the Service or our termination of this Agreement. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your User Account. You must notify Ares Assist immediately of any breach of security or unauthorized use of your User Account. Ares Assist will not be liable for any losses caused by unauthorized use of your User Account.
By providing Ares Assist with your email address, you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by emailing us at [email protected]. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
1.4 Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Ares Assist servers than a human can reasonably produce in the same period by using a conventional online web browser (except that Ares Assist grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Service for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email, SMS, or other messages; (iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including features that prevent or restrict use or copying of any content or enforce limitations on the use of the Service or the content therein.
1.5 Changes to the Service
We may, without prior notice, change the Service; stop providing the Service or features of the Service to you or Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
1.6 Disputes with Other Users
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Ares Assist shall have no liability for your interactions with other Users or for any User’s action or inaction.
2. Ownership and Intellectual Property Rights
All components of our Service, including but not limited to software, graphics, images, text, logos, trademarks, copyrights, and any other proprietary information (collectively, “Ares Assist Content”) are the sole property of Ares Assist or its licensors. By using our Service, you acknowledge that no ownership rights are transferred to you, and you are prohibited from using, distributing, modifying, or reproducing Ares Assist Content for purposes not explicitly permitted by this Agreement. Unauthorized use of Ares Assist Content is strictly prohibited.
Should you choose to submit ideas, feedback, or suggestions (“Ideas”) for improving our services, you agree that Ares Assist may use these Ideas without any obligation to compensate you, and that Ares Assist can disclose such Ideas freely. Ares Assist retains the right to use similar or related ideas previously known or developed internally without any restrictions.
3. Paid Services
3.1 Payment and Billing
Some features of the Service require payment. By using any paid Service, you agree to the applicable pricing and payment terms, which may be updated at our discretion. We reserve the right to introduce new services or adjust pricing for existing ones, and any changes will be communicated to you.
3.2 Refund Policy
You may cancel your account or any specific service at any time, but Ares Assist is not obligated to provide any refunds for cancellations. Any refunds granted will be at our sole discretion.
3.3 Hiring Personal Assistants
You agree not to directly or indirectly solicit, employ, or contract with any personal assistant provided by Ares Assist without prior written consent from us. In the event that you wish to hire an assistant independently, a fee of $3,000 will be required for each assistant, payable within ten days. This clause will remain effective even after termination of your account or contract.
3.4 Free Trials
We may offer free trials for certain services. Unless canceled before the trial period ends, your payment method will be billed on the last day of the trial. You will not receive any additional notification of this charge. To avoid charges, cancel the service before the trial concludes.
3.5 Auto-Renewal
All paid services will automatically renew unless you cancel your subscription. By using our services, you authorize us or an authorized third-party payment processor to charge recurring fees to the payment method on file. If you wish to cancel, submit a cancellation request in your account settings or via written notice, and it will take effect in the following billing cycle.
3.6 Accurate Payment Information
You must provide accurate and up-to-date payment information when purchasing services. You are responsible for any charges made using your payment method, and you agree to cover any applicable taxes associated with your purchases.
4. No Professional Advice
The information provided through our Service is intended for general informational purposes only and should not be interpreted as professional advice. Any decisions you make based on this information are at your own risk, and we strongly encourage you to consult a qualified professional for specific advice related to your situation.
5. Security
At Ares Assist, we prioritize the security and confidentiality of your personal information. However, despite our efforts, we cannot guarantee complete protection from unauthorized access or misuse. By using our Service, you acknowledge and accept the inherent risks of sharing personal information online.
6. Third-Party Links and Resources
Our Service may include links to third-party websites, services, or content not controlled by Ares Assist. These links are provided for your convenience, and we do not endorse or assume responsibility for the content or practices of these third parties. If you choose to engage with any third-party site or service, you do so at your own risk. Additionally, your interactions with any advertisers or promotions within our Service are solely between you and the advertiser, and we are not responsible for any issues that arise from those dealings.
7. Indemnification
You agree to defend, indemnify, and hold Ares Assist and its affiliates, employees, and agents harmless from any claims, damages, losses, or expenses (including legal fees) that arise from your use of the Service, violation of this Agreement, violation of third-party rights, or any content you post or share through your account. This indemnity obligation also applies to any unauthorized use of the Service or any acts or omissions of a third party using your login credentials.
8. Disclaimer of Warranties
The Service is provided “as is” and “as available” without any warranties of any kind. Ares Assist disclaims any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure, or that any issues will be resolved promptly. You assume full responsibility for any risk associated with downloading or using any materials from the Service.
Ares Assist does not guarantee the qualifications, skills, or suitability of any personal assistant provided through the Service. Additionally, we do not endorse or guarantee any third-party products or services that may be advertised or linked to through our platform.
Some jurisdictions may not allow the exclusion of implied warranties, so these disclaimers may not apply to you.
9. Limitation of Liability
To the maximum extent permitted by law, Ares Assist, its affiliates, employees, and licensors will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use or inability to use the Service, even if we have been advised of the possibility of such damages. This includes damages for loss of profits, data, goodwill, or other intangible losses.
We are not responsible for any unauthorized access to or use of your personal information, nor any harm caused by viruses or harmful components transmitted through our Service. Our liability to you for any claim will not exceed the amount you paid for the Service or $100, whichever is greater.
If any part of these limitations of liability is found unenforceable, the remaining portions will continue to apply. Some jurisdictions do not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.
Ares Assist does not guarantee that personal assistants possess specific skills, and you acknowledge that managing their performance is your responsibility. We are not liable for any acts or omissions by assistants provided through the Service.
10. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
10.1 Governing Law
This Agreement is governed by the laws of the State of Arizona, without regard to conflict of law principles. You agree that the Service is based in Arizona, and your use of it does not establish personal jurisdiction in any other state or jurisdiction. The Federal Arbitration Act (“FAA”) will govern the interpretation and enforcement of Section 10.2 (Arbitration Agreement). Any claims involving intellectual property rights, or where injunctive relief is sought, will be under the exclusive jurisdiction of courts in Scottsdale, Arizona. You agree to submit to the jurisdiction of these courts.
10.2 Arbitration Agreement
Please read this section carefully. It requires both parties to resolve disputes through binding arbitration rather than in court. This agreement applies to any claims that arise between you and Ares Assist, including claims involving this Agreement, your use of the Service, transactions, or any other interactions with Ares Assist.
If you are a new user, you have the option to opt-out of this Arbitration Agreement within 30 days by contacting us at [email protected] with your name and a statement of intent to opt out.
Before pursuing arbitration, both parties agree to attempt to resolve disputes informally by contacting each other. If a resolution cannot be reached after 60 days, claims will be settled exclusively through binding arbitration conducted by JAMS in Scottsdale, Arizona, unless both parties agree to a different location. Arbitration will be governed by the JAMS rules, except where this Arbitration Agreement conflicts with those rules.
If you are an individual using the Service for personal, non-commercial purposes, you may only need to pay JAMS fees if you cannot obtain a fee waiver. You may also pursue claims in small claims court if they qualify.
You and Ares Assist agree that the arbitrator, not any court, will have the authority to resolve disputes regarding the interpretation or enforceability of this Arbitration Agreement.
10.3 Class Action/Jury Trial Waiver
By agreeing to this Agreement, you waive the right to a trial by jury and the ability to participate in a class action lawsuit or collective proceeding. Any claim must be brought on an individual basis.
11. Additional Terms for Mobile Applications
11.1 Mobile Applications
Ares Assist may offer mobile applications that allow access to the Service via mobile devices. Your use of these mobile applications is subject to the same terms and conditions as the Service, and you agree not to modify, reverse engineer, or distribute the mobile applications.
You may incur additional charges from your wireless provider for data usage, for which Ares Assist is not responsible. Ares Assist may issue updates or upgrades to the mobile applications, and by using the applications, you consent to these updates. You agree to comply with all applicable U.S. export laws regarding the use of the mobile applications.
11.2 Mobile Applications from Apple App Store
If you access the Service via an Apple-sourced application, you acknowledge that the Agreement is between you and Ares Assist, not Apple. Your use of the Apple-sourced software must comply with the App Store’s Terms of Service. In case of any failure of the application, Apple’s responsibility is limited to a refund of the purchase price.
11.3 Mobile Applications from Google Play Store
If you download the Service through the Google Play Store, you agree that this Agreement is between you and Ares Assist, not Google. Your use of Google-sourced software must comply with the Play Store’s Terms of Service.
12. General
12.1 Assignment
You may not assign or transfer this Agreement or any rights under it without Ares Assist’s consent. Ares Assist reserves the right to assign or transfer this Agreement without restriction.
12.2 Notifications and Agreement Updates
Ares Assist may communicate with you via email, written notice, or other means regarding changes to this Agreement. You are responsible for ensuring you receive these notifications by maintaining a current email address. Ares Assist reserves the right to modify or update this Agreement, and your continued use of the Service signifies acceptance of any changes.
12.3 Entire Agreement/Severability
This Agreement constitutes the entire understanding between you and Ares Assist concerning the Service. If any part of this Agreement is deemed unenforceable, the remaining portions will remain in full effect.
12.4 No Waiver
Ares Assist’s failure to enforce any provision of this Agreement does not constitute a waiver of its rights under this Agreement.
12.5 Contact Information
For any questions regarding this Agreement, please contact us at [email protected].