Last Updated: OCTOBER 3, 2015
Acceptance and Modification
By registering and/or using the Service in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms as a binding legal agreement between you and Plowguys. If you do not agree to these Terms, or any part thereof, then you may not use the Service. We reserve the right to modify these Terms at any time, for any reason, and without prior notice. You agree that each visit you make to the Site shall be subject to the then-current Terms, and continued use of the Service now or following modification to these Terms confirms that you have read, accepted and agreed to be bound by such modification.
The Site connects people to get certain work done, namely landscape maintenance and residential snow and ice management. Buyers (“Consumers”) and sellers (“Merchants”) on the Site (together, hereinafter referred to as “Users”) have full control of the content on the Site, including but not limited to, posting for, describing and requesting services, and/or offering, promoting or advertising services to others.
You understand that, though we may offer guidelines or transactional frameworks (e.g. packages to purchase) to facilitate the interaction between Users, we do not generate or control any content on the Site. Plowguys is not responsible for, and makes no representations about, the quality, timing, integrity or legality of any content, nor of the actions or omissions made by Users through the Service, whether online or offline. You acknowledge that Plowguys does not pre-screen or approve content, but that We have the right (but not obligation) in Our sole discretion to refuse, delete or remove any content that is available via the Service.
Registration and Eligibility
You may browse the Site and view content without registering, but as a condition to using certain aspects of the Service, you are required to register with Plowguys and represent, warrant and promise that you provide Plowguys with accurate, truthful, and complete registration information (including, but not limited to your email address, name, telephone number and physical address, and if you are a Consumer booking residential snow and ice management, a good faith approximation of the size and scope of the work, and if you are a Merchant, the name of your business and EIN or social security number) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Plowguys account.
You shall not:
- provide any false personal information to Plowguys or create any account for anyone other than yourself without such person's permission;
- use a name or business name that is the name of another person or entity with the intent to impersonate that person or entity;
- use a name or Plowguys account that is subject to any rights of a person other than you without appropriate authorization; or
- use a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
Plowguys reserves the right to refuse registration of, or cancel an account, in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your Plowguys password. You shall never use another User's account without such other User's prior express permission. You will immediately notify Plowguys in writing of any unauthorized use of your account, or other account related security breach of which you are aware. You represent and warrant that if you are an individual, you are of legal age to form a binding contract, or that if you are registering on behalf of an entity, that you are authorized to enter into, and bind the entity to, these Terms. Plowguys may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules and regulations applicable to you.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with your use of the Service. Additionally, you shall abide by all applicable local, state and federal laws and regulations and, if you represent a business, any advertising, marketing, privacy, or other self-regulatory code(s) applicable to your industry.
By way of example, and not as a limitation, you shall not, and shall not permit any third-party to, either a) take any action or b) post, submit or otherwise distribute or facilitate distribution of any content on the Site or through the Service, including without limitation any submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity, or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity or sexual activity, promotes bigotry, discrimination or violence, or is otherwise inappropriate as determined by Plowguys in its sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Plowguys or any third party;
- impersonates any person or entity, including any employee or representative of Plowguys;
- includes anyone’s identification documents or sensitive financial information; or
You shall not (directly or indirectly):
- take any action that imposes or may impose (as determined by Plowguys in its sole discretion) an unreasonable or disproportionately large load on Plowguys's (or its third-party providers’) infrastructure;
- interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
- bypass any measures Plowguys may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service);
- run any form of auto-responder or “spam” on the Service;
- use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- collect, use or scrape any content from the Service;
- modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, republish, repurpose, sell, trade, or in any way exploit the Service or Site content, except as expressly authorized by Plowguys;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
- copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
Interactions with Other Users or Third-Parties
You are solely responsible for your interactions with other Users on the Site or Service. You understand that Plowguys does not pre-screen or conduct background checks on its Users, nor does it attempt to authenticate Users’ identities. We make no representation or warranties as to the conduct or services of Merchants, including but not limited to, the legitimacy or accuracy of services offered, the skill or professional competence of Merchants, or any licensing, certification or commercial requirements posed on Merchants from any governmental or private entity. Notwithstanding the Merchant Certification of Insurance herein, we also do not verify, nor seek to verify, any general liability or commercial automobile insurance coverage purportedly carried by Merchants.
The Plowguys Site and content available through the Service may contain features and functionalities that may link you or provide you with access to third-party content, which is completely independent of Plowguys, including websites, directories, servers, networks, systems, information and databases, applications, products or services, and the Internet as a whole. Your interactions with entities and/or individuals found on Our Site or through the Service, including delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third-parties. You agree that Plowguys shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users on the Site or Service, or between Users and any third-party, you understand and agree that Plowguys is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release Plowguys, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or Our Service.
Termination and Suspension
We may terminate or suspend your right to use the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions accompanying the Service and ceasing all use of the Service. Any fees paid to Plowguys associated with your membership are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Transactions and Payments
Users of Our Service contract for services directly with other Users. Plowguys is not a party to any contracts for services. However, we may facilitate these contracts by adopting and using third-party payment services on Our Site and/or adopting and displaying transactional frameworks, for example, “packages” for now and ice management. Consumers are obligated to pay for the service they have legally contracted Merchants with, unless specifically notified otherwise. Consumers can pay using Our Site’s payment services, in which case we will charge your credit card according to the amount agreed upon between you and another User, and you hereby authorize us to charge your credit card for such amounts. We are not responsible for any variance in price or costs for work between you and another User either before or subsequent to your contract with that other User (for example, an increase in price, or “up-selling”). Snow and ice management in particular may require adjustment on any quote or price given by the Merchant you have contracted with, or given by any transactional framework we provide, including but not limited to:
- “extras” (e.g. shoveling, de-icing, snow-blowing you may require, or that may be done); or
- “multiple passes” (i.e. multiple visits onsite with a snow plow or other equipment to keep snow and ice clear during high-accumulation snow events, defined hereby as greater than 8” during any 24-hour period); or
- “high-accumulation” (i.e. a single-visit onsite with a snow plow or other equipment that occurs after a high-accumulation snow event, and is therefore treated by you and the User you have contracted with as if multiple visits had occurred.)
Prices are not final until set by you and the User you have contracted with, however, to the extent the performance of he service and/or scope of the work cannot be readily or fully recognized at the time the services start, a price adjustment may occur with or without your express approval. Plowguys retains the right, in its sole discretion, to place a hold on any payment for a completed service transaction. Plowguys does not serve as an employer of any User. As such, we will not be liable for any tax or withholding, including but not limited to unemployment insurance, worker’s compensation insurance, employer’s liability, social security or payroll withholding tax in connection with your use of the Service. You understand and agree that if we are found to be liable for any tax or withholding tax in connection with your use of Users’ services, you will immediately reimburse and pay to Plowguys an equivalent amount, including any interest or penalties thereon.
Save to the extent required by law, Plowguys has no special relationship with or fiduciary duty to you. You acknowledge that Plowguys has no control over, and no duty to take any action regarding: which Users gain access to the Service; what content you access via the Service; what effect(s) the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Service, including, without limitation, bodily injury, emotional distress, and any damages to property resulting in any way from communications or meetings with, or services procured from, other Users or persons you may otherwise meet indirectly through the Service. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Service.
OUR SITE AND SERVICE ARE PROVIDED "AS IS," "AS AVAILABLE" AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. Plowguys, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SITE AND SERVICE, AND CONTENT THEREON, IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless Plowguys, its affiliates, employees, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Site or Service, or otherwise from your User content, violation of these Terms, or infringement by you, or any third-party using your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Plowguys). Plowguys reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Plowguys in asserting any available defenses.
Limitation of Liability
ALL LIABILITY OF Plowguys, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR SERVICE IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF Plowguys, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TO ONE HUNDRED US DOLLARS ($100.00). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Plowguys, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT Plowguys, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, OR SUPPLIERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICE, CONTENT FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF GOODWILL; LOSS OF DATA; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE; OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL Plowguys BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY OTHER USER IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY OR PERSONAL INJURY, DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM OR WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR IMPLIED, REGARDING THE WORK PERFORMED OR OBLIGATIONS FULFILLED.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware excluding its conflicts of law rules. For all purposes of these Terms, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or State Courts located in the Commonwealth of Massachusetts. Use of the Service is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this section.
Integration and Severability
These Terms are the entire agreement between you and Plowguys with respect to the Service and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Plowguys with respect to the Site or Service. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms to be binding, Plowguys must provide you with written notice of such waiver through one of its authorized representatives.
These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Plowguys's prior written consent. Plowguys may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. Any right not expressly granted herein is reserved by Plowguys.
Unless otherwise specified in these Term, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
If you believe that any content on the Site belonging to use has been has copied in any way that constitutes copyright infringement, or your intellectual property right have been otherwise violated, please notify Plowguys’s agent for notice of such claims: email@example.com, or “Copyright Agent, Plowguys, Inc., One International Place, Suite 6, Boston, MA 02110.”
Plowguys MERCHANT INSURANCE CERTIFICATION
Plowguys, Inc. (“Plowguys, “We,” or “Us”), through HTTP://WWW.PLOWGUYS.COM (the “Site”) provides a service for buyers (“Consumers”) and sellers (“Merchants”) of services to discover, and transact with, one another. Though we may provide a commercial framework for services to be requested, offered and/or advertised, we do not control the scope or content of such requests, offers or advertisements.
Notwithstanding the aforementioned, our Site is particularly branded and promoted, and any commercial framework particularly designed, for services related to residential snow and ice management. This can be difficult, damaging and dangerous work. This Merchant Insurance Certification defines when we mandate that Merchants carry commercial insurance for the benefit of Merchants and Consumers alike.
Scope and Certification
If you as a Merchant use, or authorize an agent, sub-contractor, or any another party to use, an automobile or other vehicle for the purposes of managing or removing snow and/or ice, while fulfilling or attempting to fulfill services discovered and/or contracted for from the Site or Service, whether directly or indirectly, or through a third-party:
You hereby certify that you have procured and carry up-to-date general liability insurance coverage of up to $1,000,000 per occurrence, or any other insurance coverage required by your local or State laws, or by Federal laws, for your use of our Site and Service. Such coverage must include claims arising out of bodily injury to persons, damage to property or any other liabilities that may reasonably arise from any and all work procured from your use of our Service.
Failure to do so constitutes a material breach of these Terms, and require you to immediately stop using the service. We reserve the right to change this Merchant Certification of Insurance for any reason, or for no reason, and such changes are effective when they are posted on this page.
You agree to defend, indemnify and hold Plowguys, Inc. harmless from and against any and all claims, losses, liabilities (including damage to property, or bodily injury or even death to persons) or expenses (including without limitation, attorneys’ fees and costs) which may arise, in whole or in part, out of the negligence or willful misconduct of work performed pursuant to this Merchant Insurance Certification, occurring in any way from your use of the Service, or those of your employees or agents. The indemnity required herein shall not be limited by reason of the specification of any particular insurance coverage.
If you have any questions about this Merchant Insurance Certification, please contact us at firstname.lastname@example.org.