星級專家計劃條款及細則

RELATIONSHIP TO HELLOTOBY TERMS OF USE AND PRIVACY POLICY

All capitalized terms used but not defined in these Top Pro Terms and Conditions (the “Top Pro Terms”) shall have the same meanings as in HelloToby’s Terms of Use and Privacy Policy. Except as explicitly provided herein, nothing in these Top Pro Terms shall be construed to invalidate any part of the Terms of Use and Privacy Policy, which shall remain in full force and effect.

IN PARTICULAR, THE HELLOTOBY TERMS OF USE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION SECTION. PLEASE READ THE TERMS OF USE CAREFULLY. 

TOP PRO PROGRAM

The Top Pro program recognizes Service Members on HelloToby who meet specific, objective benchmarks during a twelve-month period. You cannot apply for the Top Pro program. If you meet the criteria, you will automatically receive Top Pro status at the next announcement of Top Pros.

Top Pro status is not an endorsement, certification, or guarantee by HelloToby and is not verification of a Service Member’s identity and whether they or their Pro Services are licensed, insured, trustworthy, safe or suitable. If you qualify for Top Pro status, it means that you meet the specific and objective program benchmarks. You remain entirely responsible for complying with any and all applicable laws and for all other obligations under our Terms of Use.

HelloToby may terminate the Top Pro program at any time for any reason in its sole discretion.

TOP PRO QUALIFICATION

To qualify as a Top Pro, a Service Member must (1) have a HelloToby account in good standing and (2) satisfy the minimum objective requirements described on the Top Pro program page (“minimum objective requirements”). Top Pro requirements may also be changed at HelloToby’s sole discretion.

Service Members qualify as Top Pros if they meet the minimum objective requirements during the 12 month period ending on June 30 or December 31 (the “qualification dates”). Top Pro status is valid from the time a Service Member is announced as a Top Pro until the next announcement of Top Pros following the next qualification date. The announcement of Top Pros will be soon after a qualification date. Top Pro Status will be reevaluated following each qualification date. (For example, for the December 31, 2020 qualification date, a Service Member’s performance against the minimum objective requirements from January 1, 2020 through December 31, 2020 will be considered. Qualifying Top Pros would be announced in January or February of 2021, and their Top Pro status will last until the announcement of the next round of qualifying Top Pros in July or August 2021.)

At the announcement of the next round of qualifying Top Pros, Top Pro status is automatically revoked if the Service Member did not meet the minimum objective requirements during the most recent 12 months prior to the most recent qualification date. HelloToby may, but is not obligated to, notify Service Members of their Top Pro status revocation. Service Members who have had their Top Pro status revoked may regain their Top Pro status in the future if they meet the minimum objective requirements for the most recent previous 12 months prior to a qualification date.

RIBBONS AND BADGES

If you qualify to become a Top Pro, your profile and quotes you submit will receive a distinct ribbon indicating that you are a Top Pro. Occasionally this may take some time for our automated systems to process. The delay in the appearance of the ribbon doesn't impact your Top Pro status, and you will still be able to receive the benefits once you qualify as a Top Pro.

Qualifying as a Top Pro does not give you any ownership or other proprietary rights in the Top Pro badge or ribbon or other HelloToby intellectual property, other than as provided in these terms. HelloToby retains all rights, title, and interest in and to the Top Pro badge and ribbon, trademark, and other protected materials.

BEING A TOP PRO

While you should be proud to have qualified as a Top Pro, you may not misrepresent your association with HelloToby, including by claiming to be endorsed by or an agent of HelloToby. You also may not use your Top Pro badge or ribbon in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the Terms of Use, the Privacy Policy, or the rights of any third party.

BENEFITS

Top Pros receive exclusive perks, which can be found on the Top Pro program page. These benefits may be subject to additional terms stated on that page and may be changed or discontinued by HelloToby at any time with or without notice to you.

MODIFICATIONS

HelloToby reserves the right, in its sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice by posting the modification on the Platform. Your use of the Platform after the modification shall constitute your consent to the changes. If you do not agree, your only recourse is to cease accessing or using the Platform.

We may also entirely discontinue the Top Pro program at any time, with or without notice to you.

INDEMNIFICATION AND RELEASE

Except as explicitly provided herein, the Terms of Use shall apply fully and completely. Please carefully review the section entitled INDEMNIFICATION AND RELEASE.

TERMINATION
Participation in the Top Pro program is a privilege, not a right. Your Top Pro status, privileges, and license to the Top Pro profile ribbon and badge may be revoked at our sole discretion if you violate these terms, the HelloToby Terms of Use or other any other HelloToby terms and conditions applicable to you. Your Top Pro membership, privileges, and license to the Top badge will be automatically suspended or terminated if: (a) you no longer meet the qualifications, (b) delete or otherwise cancel your HelloToby Service Member account, or (c) your HelloToby account is suspended or terminated.

DISCLAIMERS AND LIMITATION OF LIABILITY 

Except as explicitly provided herein, the Terms of Use shall apply fully and completely. Please carefully review the sections entitled DISCLAIMERS and LIMITATION OF LIABILITY, which apply fully to the top pro benefits, profile ribbon, and badge.

ENTIRE AGREEMENT 

These To Pro Terms constitute the entire and exclusive understanding and agreement between HelloToby and Service Members regarding the Top Pro program and these Top Pro Terms supersede and replace any and all prior oral or written understandings or agreements between HelloToby and Service regarding the Top Pro program except that the Terms of Use and Privacy Policy shall continue in full force and effect. To the extent, there is any direct conflict between these Top Pro Terms on the one hand, and the HelloToby Terms of Use, on the other hand, these Top Pro Terms shall control.

ASSIGNMENT

Service Members may not assign or transfer these Top Pro Terms, by operation of law or otherwise, without HelloToby’s prior written consent. Any attempt by Service Members to assign or transfer these Top Pro Terms without such consent will be null and void and of no effect. HelloToby may assign or transfer these Top Pro Terms at its sole discretion, without restriction. Subject to the foregoing, these Top Pro Terms will bind and inure to the benefit of the intended parties, their successors and permitted assigns.

WAIVER AND SEVERABILITY
The failure of HelloToby to enforce any right or provision of these Top Pro Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HelloToby. Except as expressly set forth in these Top Pro Terms, the exercise by either party of any of its remedies under these Top Pro Terms will be without prejudice to its other remedies under these Top Pro Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Top Pro Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Top Pro Terms will remain in full force and effect.