Terms of Use
Effective date: October 5, 2026
Please read these Terms carefully. Section 16 contains an arbitration agreement and a class action waiver. Unless you opt out within 30 days (see Section 16.9), you and Larken Connect agree to resolve disputes through individual, binding arbitration instead of in court. Small claims court is still available. You also give up the right to a jury trial and the right to take part in a class action.
Section 15 also limits your claims. You release Larken Connect from claims about a pro's work or conduct, including claims that we were careless in matching or checking a pro. Any claim must be brought within one year of when you knew or should have known about it, or it's permanently barred.
The short version
This summary is here to help you. It isn't a substitute for the full Terms below.
- Larken Connect is a free matching service for New York City homeowners. We pass your electrical or plumbing request to an independent pro in our network. We are not a contractor, and we don't do, supervise, or guarantee the work.
- The pro is an independent business. Any estimate, price, contract, warranty, or dispute about the work is between you and the pro.
- When you submit a request, you agree that we can share it with a pro, and that we and the pro can call, text, and email you about it. You can opt out at any time.
- Pros pay us a membership fee and a fee for each request they accept. That's how we make money. The rules for pros are in Section 11.
- If we have a dispute, it goes to individual arbitration or small claims court, not a class action (Section 16).
- Claims about a pro's work are between you and the pro, and any claim against us must be brought within one year (Section 15).
1. About these Terms
1.1 Who we are. These Terms of Use ("Terms") are an agreement between you and Larken Connect LLC, a New York limited liability company ("Larken Connect," "we," "us," or "our"). They cover your use of larkenconnect.com, the Pro Portal, and the related emails, messages, and services we provide (together, the "Services").
1.2 How you accept. You accept these Terms when you check a box agreeing to them (for example, when you submit a service request or create a Pro account), or when you use the Services after they've been shown to you. If you don't agree, please don't use the Services.
1.3 Related documents. Our Privacy Policy explains how we handle personal information. If you're a pro, Section 11 (Additional Terms for Pros) also applies, together with any separate written agreement you sign with us.
1.4 Who can use the Services. You must be at least 18 years old and able to enter into a binding contract. The Services are only for properties in the five boroughs of New York City. If you submit a request, you must own the property or otherwise have the authority to arrange the work there (for example, a tenant or property manager with the owner's permission).
2. What Larken Connect does, and what it doesn't
2.1 We're a referral service. Homeowners tell us about an electrical or plumbing job. We review the request and offer it to independent electricians and plumbers who have joined our network ("Pros").
2.2 We're not a contractor. Larken Connect is not an electrician, plumber, or home improvement contractor. We don't perform, supervise, inspect, schedule, price, or guarantee any work, and we don't pull permits. We don't handle payment for the work. You pay the pro directly.
2.3 Pros are independent. Pros are independent businesses, not our employees, agents, partners, or joint venturers, and we don't control how they do their work. If you hire a pro, your contract is with that pro. Larken Connect is not a party to it.
2.4 No endorsement or guarantee. Being matched with a pro isn't a recommendation of that pro for your particular job. We don't guarantee that a pro will be available, respond to you, give you a quote, or do the work well, on time, or for any particular price.
2.5 It's free for homeowners. We don't charge homeowners anything. Pros pay us to be part of the network and pay a fee for each request they accept (see Section 11).
3. How matching works
3.1 We review requests first. We review each request before offering it to anyone. We may decline or remove any request that appears fraudulent, spam, abusive, incomplete, outside our service area, or outside the trades we cover.
3.2 One pro at a time. Most requests are offered to one pro at a time, in rotation order, from a small group of pros (no more than 6) that covers your borough and trade. If that pro passes or doesn't respond within about two hours, we offer the request to the next pro in line.
3.3 Urgent requests. If you mark a request as urgent, we may offer it to every pro in the group at once. The first pro whose acceptance goes through gets it.
3.4 What pros can see. Pros who are offered your request can see your job details (the trade, type of job, urgency, borough, ZIP code, and anything you typed in the details box) and your name. Only the pro who accepts your request receives your phone number and email address. Please don't put anything in the details box that you wouldn't want a pro to see before one accepts. Our Privacy Policy has more detail.
3.5 A match isn't guaranteed. Depending on availability, it's possible that no pro will accept your request. If you haven't heard from a pro within a reasonable time, email us at support@larkenconnect.com.
3.6 Changes to matching. We may change how matching works, including response windows and coverage areas. No group will have more than 6 pros. For pros, the Pro Membership Agreement says how much notice we give before a change.
4. What we check about pros, and what you should check
4.1 Pros make promises to us. Every pro agrees to our Additional Terms for Pros (Section 11). In them, the pro promises that they hold, and will keep current, every license, registration, and insurance policy the law requires for the work they accept.
4.2 Our check. Before we activate a pro, we check the license number they give us against public New York City Department of Buildings records, and we review a current certificate of their general liability insurance. A pro can't be activated until this check is done.
4.3 The limits of our check. Our check happens at a point in time. A license or insurance policy can lapse, be suspended, or change after we check it, and public records can be wrong or out of date. We don't run criminal background checks, and we don't check a pro's employees or subcontractors.
4.4 Please do your own check too. Before you hire any pro, confirm their license yourself using the NYC Department of Buildings license search, ask for proof of insurance, get a written estimate or contract, and make sure any required permits are pulled. It's the same care you'd take with any contractor you find anywhere else.
5. Your responsibilities when you submit a request
When you submit a request, you agree that:
- The information you give us is true, accurate, and complete, and describes a real job you want done.
- The phone number and email you give us are yours, or you're authorized to give consent for them. If you stop using that phone number, you'll let us know.
- You won't submit a request for someone else unless they've given you permission, including permission to share their contact information.
- You have the authority to arrange the work at the property.
- You'll submit one request per job. We use automated checks, such as a CAPTCHA and a waiting period between requests from the same phone number, to prevent spam.
Larken Connect is not an emergency service. If anyone could be in danger (for example, you smell gas, see sparks or smoke, or have flooding near electrical equipment), call 911 and your utility's emergency line first.
6. Calls, texts, and emails
6.1 Your consent. When you submit a request and check the consent box, you agree that Larken Connect and the pro matched to your request (and, if that pro can't help, another pro we match you with) may contact you about your request by phone call, text message, and email, at the phone number and email address you provide. This includes calls and texts sent using automated technology, and it applies even if your number is on a federal, state, or company Do Not Call list.
6.2 Consent isn't a condition of purchase. You don't have to agree to automated calls or texts to buy anything. If you'd rather not agree, email support@larkenconnect.com and we'll help you get matched another way.
6.3 Text messages. If we text you, our messages will be about your request or your account. Message frequency varies, usually a few messages per request. Message and data rates may apply. Reply STOP to stop our texts or HELP for help, or email support@larkenconnect.com. Wireless carriers aren't liable for delayed or undelivered messages.
6.4 Messages from pros. A pro who accepts your request will contact you from their own phone or email. To stop hearing from a pro, tell them directly (for example, reply STOP to their texts), and please let us know too so we can follow up.
6.5 How we handle opt-outs. You can revoke your consent in any reasonable way, including by replying STOP or emailing us. We'll honor your request as soon as practicable, and within 10 business days at most.
6.6 Emails. Emails about your request or your account are part of the Services. If we ever send marketing emails, each one will include a way to unsubscribe.
7. Accounts
Pros need an account to use the Pro Portal. You're responsible for keeping your login secure and for everything that happens under your account. Tell us right away at support@larkenconnect.com if you think someone has used your account without permission. If you sign in with Google or Microsoft, their terms also apply to that sign-in.
8. Acceptable use
You agree not to:
- Submit a request that is false, fraudulent, or not a real request for work;
- Submit someone else's contact information without their permission;
- Harass, threaten, or abuse any homeowner, pro, or member of our team;
- Use the Services to sell to, recruit, or market to pros or homeowners;
- Copy, scrape, or collect information from the Services by automated means, except as our robots.txt file allows;
- Bypass or interfere with our security, CAPTCHA, rate limits, or access controls, or access data that isn't yours;
- Upload viruses or other harmful code, or reverse-engineer the Services;
- Impersonate any person or business, or misrepresent your affiliation with anyone; or
- Use the Services in a way that breaks any law.
If you believe you've found a security problem, please email support@larkenconnect.com instead of testing it yourself.
9. Content you submit
9.1 Your requests. You keep ownership of the information you submit. You give us a non-exclusive, royalty-free license to use, copy, and share it as needed to run the Services: for example, to review it, share it with pros, communicate with you, keep records, and improve the Services.
9.2 Feedback. If you send us ideas or feedback, we may use them without any obligation to you.
9.3 Reviews and testimonials. If you give us a review or testimonial, we'll only publish it with your permission, and we won't edit it in a way that changes its meaning. We never pay for positive reviews or make any reward depend on what a review says.
10. Our intellectual property
The Services, including our name, logo, design, text, graphics, and software, belong to Larken Connect or our licensors and are protected by intellectual property laws. You may use the Services only as intended. You may not copy, modify, distribute, or create works based on them without our written permission.
11. Additional Terms for Pros
11.1 When this section applies. This section applies to anyone who creates a Pro account or receives requests through the Services. If you've accepted a separate written agreement with us (such as our Pro Membership Agreement, which you accept electronically in the Pro Portal), that agreement controls wherever it conflicts with this section, or with what these Terms say about group size, how requests are offered to you, fees, or payment. A membership becomes active only after three things happen: we've verified your account (Section 11.3), you've accepted our Pro Membership Agreement in the Pro Portal, and your first membership fee has been paid. If your membership was active before we introduced the agreement, we may ask you to accept it to stay active.
11.2 Eligibility and licensing. You must be at least 18 and operate a legitimate business. You must hold, and keep current, every license, registration, and permit that New York State and New York City require for the work you accept (for example, the Department of Buildings license required for plumbing or electrical work, and a DCWP Home Improvement Contractor license where one is required), plus all insurance the law requires, including workers' compensation and disability coverage (or a waiver from the New York State Workers' Compensation Board). You must also carry general liability insurance of at least $1,000,000 per occurrence, the minimum New York City requires of licensed master plumbers and master electricians. Only accept requests for work you're licensed and qualified to do.
11.3 Verification. Before your account can be activated, you'll submit your NYC Department of Buildings license number, the name on the license, your business details, and a current certificate of insurance through the Pro Portal. You authorize us to check this information in public records and with your insurer, and to check it again at any time. You'll give us current proof whenever we ask, and you'll send us a new certificate of insurance before your policy expires. You'll tell us within 5 business days if any license or policy lapses or is suspended, revoked, or canceled. Once you've submitted your details for verification, you can't change your trade or business name yourself; email us to update them. We may decline, suspend, or deactivate your account if we can't verify your information or if it lapses.
11.4 Fees.
- Membership fee. You pay the monthly membership fee shown in your Pro Portal and in your Pro Membership Agreement. It's charged automatically each month to the card you save in the Pro Portal.
- Lead fee. We set the lead fee for each request individually, based on things like the type of job and how urgent it is. The fee is shown to you before you accept, and you're never required to accept a request. When you accept, we charge the fee that was shown to your saved card before we release the homeowner's contact information. If we offer a promotion (such as a free first lead), its terms are the ones stated in the promotion or in your Pro Membership Agreement.
- Payment. You pay online. We charge fees to the card you save in the Pro Portal through our payment processor, currently Stripe, as your Pro Membership Agreement describes. We email you a receipt for every charge.
- Cancellation. Membership is month-to-month. You can cancel at any time in the Pro Portal or by emailing us. Cancellation takes effect at the end of your current billing month, and membership fees aren't prorated or refunded, except as your Pro Membership Agreement states.
- Taxes. Fees don't include taxes. If sales tax or any other tax applies, we'll add it to the charge.
- Price changes. We'll give you at least 30 days' notice before we change our fees. A change won't affect requests you've already accepted.
- Failed payments. If a membership charge is still unpaid 7 days after it first fails, we may set your membership to inactive, and you won't receive requests until your account is current.
11.5 Lead credits. A lead fee is earned when it's charged successfully and the homeowner's contact information is released to you. You can ask for a credit within 7 days of accepting if the request was: (a) a duplicate of one you'd already accepted; (b) materially wrong, such as the wrong trade or outside your group's borough; (c) fake or spam; or (d) from a homeowner you couldn't reach after at least three attempts by phone, text, or email over at least 48 hours. We decide credit requests in good faith. If we approve a credit, we refund the lead fee to the card you paid with.
11.6 How requests work, and what we don't promise. Requests are offered in rotation, one pro at a time. You'll have about two hours to accept or pass before a request moves to the next pro. Urgent requests may go to the whole group at once, and the first pro whose acceptance and payment go through gets it. We review and price each request before offering it. Requests contain what homeowners tell us. We screen for obvious spam, but we don't verify every detail. We don't guarantee how many requests you'll receive, their quality, whether homeowners will respond, or whether any request will turn into a job. Group membership and coverage areas may change, but no group has more than 6 pros.
11.7 Using homeowner information. Use a homeowner's information only to respond to their request and to do the job if they hire you. Don't add homeowners to marketing lists, sell or share their information, or use it to market other services unless the homeowner separately agrees. Keep their information secure, and delete it when you no longer need it for the job, your records, or the law.
11.8 Contacting homeowners. You're responsible for your own calls and texts, and you agree to:
- Contact homeowners only about their request;
- Call or text only between 8:00 a.m. and 9:00 p.m. New York time, unless the homeowner asks you to contact them at another time;
- Identify yourself and your business, and explain that you're responding to a request they received through Larken Connect;
- Not use prerecorded, artificial, or AI-generated voice calls, and not send automated or mass texts;
- Stop contacting a homeowner right away if they ask, and let us know; and
- Follow the Telephone Consumer Protection Act, the Telemarketing Sales Rule, New York General Business Law sections 399-p and 399-z, and all other laws on calls and texts.
11.9 Doing the work. You contract directly with the homeowner and set your own prices, schedule, and methods. You'll follow all laws that apply to your work, including building codes, permit requirements, the written-contract rules in New York General Business Law Article 36-A where they apply, and New York City consumer protection laws. You're solely responsible for your employees and subcontractors, your taxes, and your insurance.
11.10 How you describe us. You may say that you're "a member of the Larken Connect network." Don't say or suggest that we employ, supervise, endorse, insure, or guarantee you or your work, and don't use our logo except as we allow in writing.
11.11 Reviews. Don't post fake reviews of yourself or anyone else, don't buy reviews, and don't offer anything of value in exchange for a positive review.
11.12 Security incidents. If homeowner information you received from us is lost, stolen, or accessed without authorization, tell us within 72 hours of finding out.
11.13 Independent business. Nothing in these Terms makes you our employee, agent, partner, or joint venturer. You aren't entitled to any employee benefits from us, and neither party can bind the other.
11.14 Your indemnity. You'll defend, indemnify, and hold harmless Larken Connect and its owners, members, employees, and agents from any claims, losses, damages, fines, and expenses (including reasonable attorneys' fees) arising from: (a) work you do or fail to do; (b) your calls, texts, emails, and other contact with homeowners; (c) your breach of these Terms; (d) your violation of any law; or (e) any bodily injury or property damage connected to your work.
11.15 Suspension and termination. You may end your membership at any time, and we may end it, as your Pro Membership Agreement describes. We may suspend or end your account immediately if a license or insurance policy lapses, if a fee stays unpaid as your Pro Membership Agreement describes, if you misuse homeowner information, if homeowners report serious misconduct, or if you otherwise break these Terms. Fees you already owe stay due.
11.16 Liability limit for pros. For pros, the limit in Section 14 is the greater of $100 or the total fees you paid us in the 3 months before the event that led to the claim.
11.17 Pro release. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE LARKEN CONNECT AND ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO: (a) THE NUMBER, QUALITY, ACCURACY, OR OUTCOME OF ANY REQUEST YOU'RE OFFERED OR ACCEPT; (b) ANY HOMEOWNER'S ACTS, OMISSIONS, OR PAYMENT FOR YOUR WORK; AND (c) ANY DISPUTE BETWEEN YOU AND A HOMEOWNER. This release doesn't cover our fraud, gross negligence, or willful misconduct, or anything the law doesn't allow to be released.
11.18 Attorneys' fees in disputes with pros. In any arbitration or lawsuit between a pro and Larken Connect, the winning party may recover its reasonable attorneys' fees and costs from the other.
12. Third-party services and links
The Services may link to or rely on services run by others, such as Google or Microsoft sign-in or public license records. We don't control them and aren't responsible for them. Your use of them is subject to their own terms.
13. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE MAKE NO WARRANTY ABOUT ANY PRO OR ANY PRO'S WORK, LICENSING, INSURANCE, PRICING, OR CONDUCT, OR ABOUT ANY HOMEOWNER OR REQUEST.
14. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS:
(a) LARKEN CONNECT AND ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS WON'T BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR ANY PRO, HOMEOWNER, OR JOB, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND
(b) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICES WON'T EXCEED $100 (OR, FOR PROS, THE AMOUNT IN SECTION 11.16).
THESE LIMITS DON'T APPLY TO LIABILITY FOR OUR FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, OR TO ANY LIABILITY THAT CAN'T BE LIMITED UNDER APPLICABLE LAW.
15. Release, time limit to bring claims, and your indemnity
15.1 Release. Because we aren't involved in the work, if you have a dispute with a pro about their work, pricing, or conduct, you agree to resolve it with the pro. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU RELEASE LARKEN CONNECT AND ITS OWNERS, MEMBERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND, KNOWN OR UNKNOWN, ARISING FROM OR RELATED TO: (a) ANY PRO'S ACTS, OMISSIONS, WORK, ESTIMATES, PRICING, OR CONDUCT, INCLUDING ANY INJURY, PROPERTY DAMAGE, OR LOSS THEY CAUSE; (b) ANY DISPUTE BETWEEN YOU AND A PRO; AND (c) OUR MATCHING, REFERRING, OR CHECKING OF ANY PRO, INCLUDING CLAIMS THAT WE WERE NEGLIGENT IN DOING SO. This release doesn't cover claims based on our fraud, gross negligence, or willful misconduct, or any claim that the law doesn't allow to be released in advance.
15.2 One-year time limit. TO THE FULLEST EXTENT THE LAW ALLOWS, YOU AND LARKEN CONNECT EACH AGREE THAT ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED (IN ARBITRATION, SMALL CLAIMS COURT, OR ANOTHER COURT) WITHIN ONE (1) YEAR AFTER THE PERSON BRINGING IT KNEW, OR REASONABLY SHOULD HAVE KNOWN, OF THE FACTS GIVING RISE TO THE CLAIM. OTHERWISE, THE CLAIM IS PERMANENTLY BARRED. The 30-day informal-resolution period in Section 16.1 doesn't count toward the year. If a law sets a longer period that can't be shortened by agreement, that law's period applies instead.
15.3 Your indemnity. If you're a homeowner, you'll indemnify and hold harmless Larken Connect and its owners, members, employees, and agents from claims and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your violation of any law, or information you submit that you didn't have the right to submit, such as another person's phone number.
15.4 These terms stand on their own. Sections 11.17, 13, 14, 15.1, and 15.2 are separate from the arbitration agreement in Section 16. If a court or arbitrator finds any of them unenforceable in whole or in part, that part will be enforced to the greatest extent the law allows or removed, and the rest of these Terms, including all of Section 16, stays in effect.
16. Arbitration agreement and class action waiver
16.1 Informal resolution first. Before starting arbitration or a small claims case, you and we each agree to try to resolve the dispute informally. The party with the dispute must email a written notice to the other (our address is support@larkenconnect.com; we'll use the email or phone number you gave us). The notice must include your name, your contact information, a description of the dispute, and the relief you want. If we can't resolve it within 30 days after the notice is received, either party may start arbitration or a small claims case. Any statute of limitations is paused during this 30-day period.
16.2 Agreement to arbitrate. Except as stated in Section 16.3, you and Larken Connect agree to resolve any dispute, claim, or controversy arising out of or relating to these Terms, the Services, our Privacy Policy, or any call, text, or email connected with the Services, through final and binding arbitration on an individual basis. This includes claims that arose before you accepted these Terms, and it includes any question about whether a dispute must be arbitrated, except as stated in Section 16.10. The Federal Arbitration Act governs this Section 16.
16.3 Exceptions.
- Small claims court. Either party may bring an individual claim in small claims court if it qualifies. If one party files an arbitration, the other party may choose to have the claim heard in small claims court instead, as long as they say so before an arbitrator is appointed.
- Intellectual property and misuse. Either party may go to court to stop infringement of its intellectual property or unauthorized access to or misuse of the Services.
- Government agencies. Nothing in these Terms stops you from reporting a concern to, or cooperating with, any government agency, such as the Federal Trade Commission, the New York Attorney General, or the NYC Department of Consumer and Worker Protection.
16.4 Class action and jury trial waiver. YOU AND LARKEN CONNECT EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it, and only to the extent needed for that party's individual claim. YOU AND LARKEN CONNECT EACH WAIVE THE RIGHT TO A TRIAL BY JURY.
16.5 Rules and administrator. The American Arbitration Association ("AAA") will administer the arbitration. Disputes with homeowners follow the AAA Consumer Arbitration Rules. Disputes with pros follow the AAA Commercial Arbitration Rules. The rules are available at adr.org. If the AAA can't or won't administer the arbitration, the parties will agree on another administrator, or a court will appoint an arbitrator under 9 U.S.C. § 5.
16.6 Fees. Fees are governed by the AAA's rules. For homeowners, we'll pay all AAA filing, administration, and arbitrator fees except the part the AAA Consumer Rules assign to you, and if the arbitrator finds you can't afford your part, we'll pay that too. Except as stated in Section 11.18 for pros, each party pays its own attorneys' fees unless the law or the arbitrator's award provides otherwise. If the arbitrator finds that a homeowner's claim was frivolous or brought in bad faith, the arbitrator may order the homeowner to pay our reasonable attorneys' fees and costs.
16.7 How the arbitration works. For homeowners, hearings happen by video or phone, or in person in the New York City borough where you live. For pros, hearings happen by video or phone, or in person in New York County. Claims of $25,000 or less are decided on written submissions unless the arbitrator decides a hearing is needed. The arbitrator must follow the law and these Terms, may award any individual relief a court could award, and will issue a written decision. Any court with jurisdiction may enter judgment on the award.
16.8 Mass arbitration. If 25 or more similar demands for arbitration are filed against us by or with the help of the same law firm or organization, the AAA's Mass Arbitration Supplementary Rules and related fee schedule will apply, and both parties agree to cooperate in good faith to resolve the claims efficiently.
16.9 Your right to opt out. You can opt out of this arbitration agreement within 30 days after you first accept these Terms (for homeowners, when you first submit a request; for pros, when you create your account or, if your account existed before these Terms, when you first accept them in the Pro Portal). To opt out, email support@larkenconnect.com with the subject line "Arbitration Opt-Out." Include your name, the phone number or email you used with us, and a statement that you're opting out of arbitration. Opting out doesn't affect any other part of these Terms. If you opt out, disputes will be resolved in court under Section 17.
16.10 If part of this section is unenforceable. A court, not an arbitrator, will decide any dispute about whether the class action waiver in Section 16.4 or the mass arbitration provision in Section 16.8 is valid or enforceable. If a court finds that the class action waiver can't be enforced for a particular claim, then that claim (and only that claim) will be decided in court under Section 17, after any individual claims have been arbitrated, and it will never be arbitrated on a class basis. If any other part of this Section 16 is found unenforceable, the rest stays in effect.
16.11 Changes to this section. If we change this Section 16, you can reject the change by emailing support@larkenconnect.com within 30 days after the change takes effect. A change won't apply to any dispute you've already sent us notice about.
16.12 Survival. This Section 16 continues to apply after you stop using the Services.
17. Governing law and where cases are heard
The Federal Arbitration Act governs Section 16. Otherwise, these Terms are governed by the laws of the State of New York, without regard to conflict-of-laws rules. Any dispute that isn't arbitrated will be heard only in the state or federal courts located in New York County, New York, or in small claims court in the borough where you live, and you and we consent to those courts' jurisdiction. To the extent the law allows, both parties waive a jury trial for any case heard in court. To the extent the law allows, any claim heard in court (including if you opted out of arbitration) must also be brought only on an individual basis, and not as a class, collective, consolidated, or representative action. The time limit in Section 15.2 applies in court too.
18. Changes to the Services or these Terms
We may change the Services at any time. We may also update these Terms. When we do, we'll update the effective date at the top. If a change is significant, we'll give you reasonable notice, such as an email or a notice on the site or in the Pro Portal, and we may ask pros to accept the updated Terms before continuing to use the Pro Portal. Changes don't apply to disputes that arose before the change. If you keep using the Services after a change takes effect, you accept the updated Terms.
19. Ending your use
You can stop using the Services at any time. We may suspend or end your access at any time if we believe you've broken these Terms or the law, or to protect homeowners, pros, or the Services. Sections that by their nature should continue (including Sections 9, 10, and 11.7 through 11.18, and Sections 13 through 17) will continue after your use ends.
20. General terms
- Entire agreement. These Terms, together with the Privacy Policy and any separate written agreement for pros, are the entire agreement between you and us about the Services.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them to an affiliate or to a successor in a merger, acquisition, reorganization, or sale of our business.
- Severability and waiver. If any part of these Terms can't be enforced, the rest stays in effect. If we don't enforce a provision right away, we haven't waived our right to enforce it later.
- Events outside our control. We aren't responsible for delays or failures caused by events beyond our reasonable control.
- Electronic communications. You agree that we can give you notices, agreements, and disclosures electronically, and that your electronic agreement (such as checking a box) has the same effect as a handwritten signature.
- Notices. We'll send notices to the email or phone number you gave us. You can send notices to support@larkenconnect.com.
- Interpretation. Section headings are for convenience only. "Including" means "including without limitation."
- No third-party beneficiaries. These Terms don't give rights to anyone other than you and Larken Connect.
21. Contact us
Questions about these Terms? Email support@larkenconnect.com.