TERMS AND CONDITIONS
1. Contractual Relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
This Agreement constitutes a binding legal agreement between you (“you” or “User”and SnowHub Inc., a Delaware corporation doing business as SnoHub (“SnoHub” “we, “us,“ or “our”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.SnoHub.com as it may be modified, relocated and/or redirected from time to time (the “Site“), and the mobile applications offered by us (the “Apps“). Our services, platform, Site and Apps are collectively referred to as the “SnoHub Platform” or “Services.”
By using or registering with the SnoHub Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the SnoHub Platform. SnoHub’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement. SnoHub may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in region-specific disclosures (e.g., a particular city webpage on SnoHub.com) or in connection with the applicable Service(s). Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
SnoHub may amend the Terms related to the Services from time to time in its sole discretion and without notice. Amendments will be effective upon SnoHub’s posting of such updated Terms at this location.Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended. We recommend that you periodically read our Terms to see if there are any changes or amendments that have been made to ensure that they are acceptable to you.
2. The Services
The Services constitute a technology platform that enables users of SnoHub’s mobile applications or websites provided as part of the Services (each, an “Application“) to arrange and schedule professional services with third party providers of such services, including independent third party service providers and third party merchandise providers under agreement with SnoHub or certain of SnoHub’s affiliates (“Third Party Providers“). Unless otherwise agreed by SnoHub in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
The SnoHub Platform is a communications platform for enabling the connection between individuals seeking to obtain snow clearing services (“Requesters“) and individuals seeking to provide snow clearing services (“Professionals“). Requesters and Professionals together are referred to as “Users.” Those certain services requested by the Requesters, which are to be completed by the Professionals, are hereinafter referred to as “Professional Services.” SnoHub does not itself provide Professional Services.The provision of all Professional Services is up to the Professionals, which may be scheduled through use of the SnoHub Platform. SnoHub is not the employer of any Professional. SnoHub is not affiliated with any Professional, and does not sponsor or endorse any Professional. You acknowledge that we do not supervise, direct, or control a Professional’s work or Professional Services performed in any manner. A Professional provides services to you as an independent contractor, and is not an employee, joint venture, partner, agent, or franchisee of SnoHub for any purpose whatsoever.
AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SNOW CLEARING SERVICES PROVIDED TO THE REQUESTER , INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. SNOHUB HAS NO RESPONSIBILITY OR LIABILITY FOR THE QUALITY OF THE SNOW CLEARING FOR A REQUESTER, DAMAGE OR DESTRUCTION OF PROPERTY, OR INJURY OR DEATH OF ANY PERSON AS A RSULT OF OR ARISING FROM THE SNOW CLEARING SERVICES PROVIDED BY A PROFESSIONAL TO A USER PROFESSIONAL,
Due to the nature of the Internet, Snohub cannot guarantee the continuous and uninterrupted availability and accessibility of the Snohub Platform. SnoHub may restrict the availability of the SnoHub platform or certain features thereof if this is necessary in view of our capacity limits, the security or integrity of our servers, or to carry out maintenance procedure that ensure the proper or improved functioning of the SnoHub Platform. SnoHub may improve, enhance and modify the SnoHub Platform at any time.You must be at least 18 years old and able to enter into legally binding contracts to access and use the SnoHub Platform. By accessing and using the SnoHub Platform, you represent and warrant that you are 18 years old or older and have the legal capacity and authority to enter into a contract.
SnoHub may make the access to and use of the SnoHub Platform subject to certain conditions or requirements, meeting specific quality or eligibility criteria, meeting ratings or review thresholds or booking and cancellation history.
User verification on the Internet is difficult and we do not assume any responsibility of the confirmation of any User’s identity.
If we choose to conduct a background check on a User or Professional, we disclaim any warranties of any kind, either express or implied, that such checks will identify prior misconduct or guarantee that a User or Professional will not engage in misconduct in the future
Subject to your compliance with these Terms, SnoHub grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:
(I) access and use the Applications on your personal device solely in connection with your use of the Services; and
(II) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SnoHub and SnoHub’s licensors.
If you access or download the App from the Apple App Store, you agree to Apple’s Licensed Application End Use License Agreement.
If you access or download the App fromThe Play Store, you agree to the Play Store’s Licensed Application End Use License Agreement.
You may not:
(I) remove any copyright, trademark or other proprietary notices from any portion of the Services;
(II) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by SnoHub;
(III) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
(IV) link to, mirror or frame any portion of the Services;
(V) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or
(VI) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third Party Services and Content.
YOUR ACCESS TO THIRD PARTY SITES AT YOUR OWN RISK.
SNOHUB EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD SNOHUB HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.
Ownership and Intellectual Property.
The Services and all rights therein are and shall remain SnoHub’s property or the property of SnoHub’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights:
(I) in or related to the Services except for the limited license granted above; or
(II) to use or reference in any manner SnoHub’s company names, logos, product and service names, trademarks or services marks or those of SnoHub’s licensors.
SnoHub and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the SnoHub Materials. Any use of SnoHub Materials, other than as expressly permitted herein, is prohibited without the prior permission of SnoHub and/or the relevant right holder. The service marks and trademarks of SnoHub, including without limitation, SnoHub.com and the SnoHub logo are service marks owned by SnoHub. Any other trademarks, service marks, logos and/or trade names appearing on the SnoHub Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the SnoHub Platform without the express prior written consent of the owner SnoHub.
3. Your Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account“). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account. Account registration requires you to submit to SnoHub certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or SnoHub’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. You must immediately notify Snohub of any actual or suspected unauthorized use of your Account. You are liable for any and all activities conducted through your Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use of your Account. Unless otherwise permitted by SnoHub in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow persons under the age of 18 to receive professional services or merchandise from Third Party Providers unless they are accompanied by you. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and you may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.
Right to Enter and Photograph.
By requesting the Services hereunder, you authorize the Professionals to enter the homeowner’s property to perform the Services and to take a photograph of the applicable area in which Services are to be performed both before and upon completion of the Services, to be uploaded to the User’s account in the SnoHub Platform using the technology tools provided therein. SnoHub shall retain all right, title, and interest in and to said photographs and may use them in any commercially reasonable manner including but not limited to marketing purposes. Notwithstanding the foregoing, SnoHub agrees to not identify the name of the owner of said property in the photographs or the street address. You shall not use said photographs unless expressly authorized by Company prior to such usage.
Text Messaging, Phone Calls, Emails.
By creating an Account and/or by providing your phone number and using the SnoHub Platform, you agree that we may, to the extent permitted by applicable law, use your mobile phone number for calls and, if such phone number is a mobile number, for text (SMS) messages, in order to assist with facilitating the requested Professional Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text (SMS) messages we send you. You may opt-out of receiving text (SMS) messages from us by replying with the word “STOP” to a text message from us. You acknowledge that opting out of text (SMS) messages may impact your ability to use the SnoHub Platform.
SnoHub may send you confirmation and other transactional emails regarding the Professional Services. SnoHub may also send you emails about services that we think might interest you (“Promotional Emails“). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.
SnoHub may, in SnoHub’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that SnoHub establishes on a per promotional code basis (“Promo Codes“). You agree that Promo Codes:
(I) must be used for the intended audience and purpose, and in a lawful manner;
(II) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SnoHub;
(III) may be disabled by SnoHub at any time for any reason without liability to SnoHub;
(IV) may only be used pursuant to the specific terms that SnoHub establishes for such Promo Code;
(V) are not valid for cash; and
(VI) may expire prior to your use.
SnoHub reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that SnoHub determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Referral Credits. In the event that you are given a code through which you may refer a friend to the SnoHub Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact INFO@SNOHUB.COM.
User Provided Content.
SnoHub may, in SnoHub’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SnoHub through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to SnoHub, you grant SnoHub a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and SnoHub’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You are solely responsible for all User Content that you make available to SnoHub.
You represent and warrant that:
(I) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SnoHub the license to the User Content as set forth above; and
(II) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SnoHub’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SnoHub in its sole discretion, whether or not such material may be protected by law. SnoHub may, but shall not be obligated to, review, monitor, or remove User Content, at SnoHub’s sole discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. SnoHub does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
- Service Procedure
Snohub will send a notice to the User about the Professional who will do the work, including the name of the Professional, all payments from the User are to be sent to SnoHub.
Snohub takes a fee from the Professionals in consideration for their use of the SnoHub Platform. The current fee paid by the Professional to SnoHub is thirty percent (30%) of the fee paid by the User to the Professional. The Professional authorizes SnoHub to deduct SnoHub’s fee immediately upon releasing the fee to the Professional. The Professional consents to SnoHub’s withdrawal of money from the Professional’s bank account to pay SnoHub’s service fee.
Users of the SnoHub Platform contract for Professional Services directly with other Users. SnoHub is not a party to any contracts for Professional Services. The SnoHub Platform facilitates these contracts by supplying a medium through which Requesters can connect with Professionals, schedule Professional Services, and make payments for Professional Services (“Payments” or “Charges”).
Requesters are obligated to pay in advance for the Professional Services and/or Merchandise they order through the SnoHub Platform.
After the services have been provided by the Professional,the amount of the fee will be withdrawn from the User’s credit card. This fee will be paid directly to SnoHub. In the event the User withdraws his consent to pay the Professional fee, SnoHub will withhold payment to the Professional until the dispute is resolved. The Professional is responsible for his own bank fees.
SnoHub will charge the Requester’s credit card according to the amount the Requester has agreed to on the SnoHub Platform with respect to all Professional Services and/or Merchandise, the Requester has ordered, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Professional Service, and the Requester hereby authorizes us to charge the credit card on file in the Requester’s SnoHub Platform account for such amounts. We will use third party services to process credit card information. We retain the right, in our sole discretion, to place a hold on the Requester’s credit card for an ordered or completed Professional Service transaction. Twenty Four (24) hours after a Professional Service is completed, if there is no complaint by the Requester, we will mark the Professional Service as closed. If the Requester has agreed with the Professional to extend or reduce the hours in or to reschedule a requested Professional Service, the Requester bears the responsibility for notifying SnoHub. Requesters must notify SnoHub either by changing the date or hours of the requested Professional Service through the SnoHub Platform or by completing our contact form.
User’s agree to pay a One Hundred Dollar ($100) fee for credit card disputes, plus the disputed amount if the SnoHub dispute process is not used first. If the dispute is resolved in the Professional’s favor, the User will be presented with the bill again, and the User must agree to pay using the User’s credit card. If the User does not agree to pay, SnoHub shall send a demand for payment letter to the User, and if payment is still not made, the matter will be referred to a collection company. In this connection, SnoHub is acting as a collection agent for the Professional. If the dispute is resolved in favor of the User, the User will not have to make any payment. If there is a compromise, then the User’s credit card will be charged the appropriate amount.
All Payments by Requesters must be made through the SnoHub Platform. Any Payments paid outside of the SnoHub Platform are not subject to our Money-Back Guarantee (see below). Except for the Money-Back Guarantee, and the Refund Policy (see bellow), no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Requesters will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on SnoHub’s income).
The rate for a Professional Service (“Job Rate“) depends on factors, such as location and snow depth and driveway length. Therefore, the same Professional Service may cost more in a different location or according to snow clearing conditions.
When requesting a Professional Service, Requesters may have the option of choosing that the Professional Service be repeated on a regular basis (“Recurrent Service“). For example, a Requester may choose that a cleaning be performed every two weeks. When a Requester chooses a Recurrent Service, SnoHub will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged for the Recurrent Service as the Professional Service appointments occur and for any applicable cancellation fees. SnoHub cannot guarantee that the same Professional will be scheduled for each Recurrent Service appointment or that Recurrent Service appointments will not be canceled.
If the Requester ordered and paid for a Professional Service through the SnoHub Platform and the Professional Service has already been performed, and if the Requester is not satisfied with that Professional Service, then the Requester is eligible for our Money-Back Guarantee provided that the Requester reports the issue within two (2) hours of the Professional Service appointment to our customer service center emailing HELP@SNOHUB.COM. The Money-Back Guarantee is as follows: we will either refund the Requester’s Payment amount for such Professional Service, or, alternatively, we will have the applicable Professional Service re-performed. If the Requester elects to have the Professional Service re-performed and the Requester is still not satisfied with the Professional Service after it has been re-performed, we will refund the Requester’s Payment amount for such Professional Service. The amount of SnoHub’s Money-Back Guarantee is limited to any Payment the Requestor made for the Professional Service. SnoHub’s Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Professional Services. SnoHub’s Money-Back Guarantee does not apply to any payments made for Merchandise, and solely applies to payments made for the Professional Services to deliver and/or assemble the Merchandise, as applicable.
SnoHub Refund Policy.
If you decide that you do not want the Service before it has been started then you will be subject to the cancellation fees delineated below.
If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that SnoHub may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
As between you and SnoHub, SnoHub reserves the right to establish, remove and/or revise Charges for any or all services or goods obtained through the use of the Services at any time in SnoHub’s sole discretion. Further, you acknowledge and agree that Charges may increase substantially during times of high demand. SnoHub will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. SnoHub may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the fees applied to you. You may elect to cancel your request for services or goods from a Third Party Provider at any time prior to such Third Party Provider’s arrival, in which case you may be charged a cancellation fee (See, Cancellation of Professional Services).
SnoHub may make surcharges for their services at peak holiday times such as, Thanksgiving, Christmas, New Year’s Eve and day. Charges will be, on these days, increased by 100%.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. SnoHub does not designate any portion of your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. Gratuities are voluntary.
After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider. No cash or any other form of payment should be made to any driver of a supplier. All payments, including tips of any kind must be made to SnoHub using the designated Platform on the App.
Cancellation of Professional Services.
- Policy for Service Cancellation by Requester. Requesters may cancel their scheduled Professional Service appointments through the SnoHub Platform at any time, subject to the following. If a Requester cancels a scheduled Professional Service appointment more than 2 hours before a scheduled Professional Service appointment, there is no cancellation fee. If a Requester cancels a scheduled Professional Service appointment between 1-2 hours before a scheduled Professional Service appointment, the Requester will be charged a fifty percent (50%) cancellation fee. If the Requester cancels a scheduled Professional Service appointment 1 hour or less than a scheduled Professional Service appointment, the Requester will be charged one hundred percent (100%) of the Professional Service amount. This cancellation policy applies both for one-time Professional Service bookings and for recurring Professional Service appointments. A Professional Service appointment may be canceled through the SnoHub Platform or through our contact formon our website.
- Policy for Service Cancellation by Professional.When a Professional cancels a scheduled Professional Service appointment, the SnoHub Platform generally notifies the Requester and makes the Requester’s Professional Service request available for another Professional to select. However, SnoHub cannot guarantee that a canceled Professional Service appointment will be selected by another Professional and rescheduled or that the Professional Service request will be completed. Professionals who cancel a scheduled Professional Service appointment may incur fees as provided in the applicable service agreement.
5. The App/Mobile Devices
- The SnoHub Platform may allow you to access our services, download our Apps, upload content to the SnoHub Platform, and receive messages on your mobile device (collectively “Mobile Features“). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.
- You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).
- SnoHub is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. SnoHub reserves the right to terminate the use of the Apps or any other aspect of the SnoHub Platform should you be using the Apps or the SnoHub Platform with an incompatible or unauthorized device.
- App Store Sourced Application.
(I) With respect to Apps accessed through or downloaded from the Apple App Store (“App Store Sourced Application“), you will use the App Store Sourced Application only:
- on an Apple-branded product that runs iOS (Apple’s proprietary operating system software);
- as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. SnoHub reserves all rights in and to the Apps not expressly granted to you under this Agreement.
(II) You acknowledge and agree that:
- this Agreement is valid between you and SnoHub only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below,
- SnoHub, not Apple, is solely responsible for the App Store Sourced Application and the SnoHub Platform Content.
(III) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.
(IV) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.
(V) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and SnoHub, SnoHub and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to:
- product liability claims;
- any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement;
- claims arising under consumer protection or similar legislation.
(VI) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party’s intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
(VII) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.
(VIII) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
Provision for Users
The User understands that the cost of the job will depend upon the snow depth and other variables. SnoHub will provide the Owner with an estimate of the snow depth based upon a weather; however, if the snow depth, and other requests are different than estimated, the User will be advised by SnoHub that the job will cost more than estimated, and the User must agree to the increased cost on the App before the work is commenced.
Users are advised to clearly mark driveways with snow markers to avoid damage. SnoHub shall have no liability for damage to property or injury to persons resulting from snow removal services provided by a Professional; a User’s sole recourse shall be against the Professional providing the service.
Provision for Professionals
The Professional agrees that once a job is accepted, and performed as quickly a possible. If for any reason, the Professional cannot perform the job personally, SnoHub will make every effort to find a substitute Professional to perform the job. If a User reports dissatisfaction with the job, the Professional must return to the job site within two (2) hours to resolve the problem, or he will get no payment and a refund for the job will be made to the User.
The Professional agrees that the Professional will not provide services to a User in a manner which bypasses the Snohub Platform.
Any dispute regarding property damage or injury to a person, or unsatisfactory work, will result in the fee to the Professional being withheld until the dispute is resolved.
The Professional agrees to indemnify, defend and hold harmless SnoHub and its owners, officers directors and employees, from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with the Professional’s providing services to a User, including, without limitation, claims, demands, losses, liabilities and expenses for property damage, bodily injury or death.
Ratings and Points.
Professionals and Users may leave a public review or rating, and the reviews and ratings will affect their ability to use the SnoHub Platform. For example, highly rated Users and Professionals may be placed together, and lower rated Users and Professionals may be sanctioned or banned from the SnoHub Platform. Any review or rating reflects the opinion of the individual User and does not reflect the opinion of SnoHub. Ratings or reviews are not verified by SnoHub for accuracy and may be incorrect or misleading.
If a User or Professional has repeatedly received poor reviews or ratings, or has repeatedly cancelled jobs, SnoHub may cancel any pending jobs or limit or suspend (temporarily or permanently) their access to the SnoHub Platform.
Professionals will receive loyalty points from Western Plows for each job, which may be redeemed for future purchases of equipment from Western Plows.
Professionals will receive a Twenty-Five Dollar ($25) cash incentive bonus for every ten (10) jobs completed within a twenty-four (24) hour period.
Modifications to the SnoHub Platform.
We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the SnoHub Platform or any content or information on the SnoHub Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the SnoHub Platform.
6. Disclaimers; Limitation of Liability; Indemnity. Disclaimer.
To the fullest extent permitted by applicable law, the SnoHub Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. without limiting the foregoing, neither SnoHub nor its affiliates or licensors warrant that the SnoHub Platform will be uninterrupted or error-free; nor do they make any warranty as to any content available in or through the SnoHub Platform; nor do they make any warranty as to any professional’s registration, professional accreditation or license; nor do they make any warranty as to the results that may be obtained from the use of the SnoHub Platform, or as to the timeliness, accuracy, reliability, quality, suitability, safety, completeness or content of the services, professional services, or any products, merchandise, content, information or materials provided through or in connection with the use of the SnoHub Platform or this agreement. Access to the SnoHub Platform is provided free of charge as a courtesy. Neither SnoHub nor its affiliates or licensors are responsible for the conduct, whether online or offline, of any user of the SnoHub Platform (including but not limited to the conduct of any requesters or professionals). Neither SnoHub nor its affiliates or licensors warrant that the SnoHub Platform is free from viruses, worms, trojan horses, or other harmful components. SnoHub and its affiliates and licensors cannot and do not guarantee that any information, personal or otherwise, supplied by you will not be misappropriated, intercepted, deleted, destroyed or used by others.
SnoHub and members expressly disclaim any liability that may arise between users of the SnoHub Platform. The SnoHub Platform is only a venue for connecting users. To the extent that the SnoHub Platform connects a user to a third party provider for the purposes of providing merchandise hereunder, SnoHub will not be responsible for assessing the suitability, legality or ability of any third party providers and you expressly waive and release SnoHub from any and all liability, claims or damages arising from or in any way related to the third party service provider. Because SnoHub is not involved in the actual contact between users or in the completion of any professional service, in the event that you have a dispute with one or more users, you release SnoHub and members from any and all claims, demands, or damages (actual, direct or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
The quality of the professional services and/or the merchandise scheduled or requested through the use of the SnoHub Platform is entirely the responsibility of the professional who ultimately provides such professional services to you and/or the third party merchandise provider. You understand, therefore, that by using the SnoHub Platform, you may be exposed to professional services and/or merchandise that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the SnoHub Platform, and such professional, at your own risk.
Nothing in this agreement or the SnoHub Platform constitutes, or is meant to constitute, advice of any kind. if you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
By using the SnoHub Platform, you agree that the exclusions and limitations of liability set out in this agreement are reasonable. if you do not believe they are reasonable, you must not use the SnoHub Platform.
You accept that, as a corporation, SnoHub has an interest in limiting the personal liability of its officers, directors and employees. You agree that you will not bring any claim personally against SnoHub’s officers, directors or employees in connection with any dispute, loss or damage. Without prejudice to the foregoing, you agree that the limitations of warranties and liability set out in this agreement will protect the SnoHub’s officers, directors, employees, agents, licensors, parents, subsidiaries, affiliates, successors, assigns and sub-contractors as well as SnoHub.
Each party acknowledges that the other party has entered into this agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties.
Limitation of liability.
SnoHub shall not be liable for any damages, liability or losses arising out of:
(I) your use of or reliance on the SnoHub Platform or the use of the services or your inability to access or use the services;
(II) any transaction or relationship between you and any third party provider, even if SnoHub has been advised of the possibility of such damages;
(iii) any goods or professional services provided to you by third party providers; or
(iv) any delay or failure in performance resulting from causes beyond SnoHub’s reasonable control.
SNOHUB HAS NO RESPONSIBILITY OR LIABILITY FOR THE QUALITY OF ANY SNOW CLEARING SERVICES OR OTHER SERVICES PROVIDED BY A PROFESSIONAL TO THE REQUESTER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, A WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. SNOHUB HAS NO RESPONSIBILITY OR LIABILITY DAMAGE OR DESTRUCTION OF PROPERTY, OR INJURY OR DEATH OF ANY PERSON AS A RESULT OF OR ARISING FROM THE SNOW CLEARING SERVICES PROVIDED BY A PROFESSIONAL TO A USER. A USER’S SOLE RECOURSE FOR THE SERVICES PROVIDED BY A PROFESSIONAL SHALL BE AGAINST THE PROFESSIONAL PROVIDING THE SERVICES.
SNOHUB IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING PROFESSIONALS,
You agree not to hold SnoHub, its affiliates, its licensors, or any of such parties’ agents, employees, contractors, officers, directors, corporate partners, or participants (collectively, “members“) liable for any damages, expenses, losses, suits, claims, and/or controversies (collectively, “liabilities“) that have arisen or may arise, whether known or unknown, relating to your use of or inability to use the SnoHub Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment, acts of physical violence, and loss or destruction of personal property), services, any dispute with any User, any instruction, advice, act, or service provided by SnoHub or members, and any destruction of your information for the Professional Service at issue, or (b) the amount of Twenty Dollars.
SnoHub shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of or inability to use the SnoHub Platform or the services, even if SnoHub has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain types of damages, so the above limitations may not apply to you. If, notwithstanding the foregoing exclusions, it is determined that SnoHub or its owners, officers or directors are liable for damages, in no event will the aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fee paid by the User to SnoHub for the job in question.
The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.
You agree to indemnify, defend, and hold SnoHub and its officers, directors, employees, contractors and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:
(i) your use of the Services or services or goods obtained through your use of the Services;
(ii) your breach or violation of any of these Terms;
(iii) SnoHub’s use of your User Content;
(iv) your violation of the rights of any third party, including Third Party Providers;
(v) your use or misuse of or inability to use the SnoHub Platform, and/or any Professional Service;
(vi) your violation of any applicable law or regulation;
(vii) your violation of the rights of another (including but not limited to Professionals);
(viii) your information and content that you submit or transmit through the SnoHub Platform.
7. Dispute Resolution
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes“) will be settled by binding arbitration between you and SnoHub, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and SnoHub are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and SnoHub otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of New York and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure.
Unless you and SnoHub otherwise agree, the arbitration will be conducted in Westchester County, in the state of New York. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and SnoHub submit to the arbitrator, unless the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, SnoHub will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the modification-related provisions above, if SnoHub changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by providing SnoHub written notice of such rejection by filling out our contact form.
OR by email from the email address associated with your Account to: change_to@SnoHub.com, within 30 days of the date such change became effective, as indicated in the “Last update” date.. In order to be effective, the notice must include your full name and clearly indicate your intent to reject changes to this “Dispute Resolution” section. By rejecting changes, you are agreeing that you will arbitrate any Dispute between you and SnoHub in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
8. Other Provisions
Choice of Law.
These Terms are governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of law principles.
Copyright Complaints and Copyright Agent.
All contents of Site, App or Service are: Copyright © 2018 SnoHub Inc., All Rights Reserved.
SnoHub respects the intellectual property of others, and expects Users to do the same. SnoHub will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the SnoHub Platform infringe upon that person’s or entity’s copyright or other intellectual property right (such person or entity, a “Complainant“) and sends to SnoHub a properly submitted copyright notice as indicated below, SnoHub will investigate, and if it determines, in its discretion, that the material is infringing, SnoHub will remove the content and may terminate the access of the User who posted such content to the SnoHub Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included;
(ii) A statement specifically identifying the location of the infringing material, with enough detail that SnoHub may find it on the SnoHub Platform. Please note: it is not sufficient to merely provide a top level URL;
(iii) The complete name, address, telephone number and e-mail address of Complainant;
(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law;
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; and
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
SnoHub may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to SnoHub, with such notice deemed given when received by SnoHub, at any time by first class mail or pre-paid post to:
c/o Citron & Deutsch
10866 Wilshire Blvd #970
Los Angeles, CA 90024
You may not assign these Terms without SnoHub’s prior written approval. SnoHub may assign these Terms without your consent to:
(I) a subsidiary or affiliate;
(II) an acquirer of SnoHub’s equity, business or assets;
(III) a successor by merger.
Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, SnoHub or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. SnoHub’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SnoHub in writing.
This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
Termination by SnoHub.
We may terminate this Agreement or terminate or suspend your right to use the SnoHub Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the SnoHub Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the SnoHub Platform due to any Prohibited Conduct, we will refund in full any payments for SnoHub services or Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, SnoHub may delete the account and all the information in it. You have no ownership rights to your account.
Termination by You.
You may terminate this Agreement by completely and permanently ceasing to use the SnoHub Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the SnoHub Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by SnoHub.
All provisions that should by their nature survive the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
Contact Information. If you have any questions regarding this Agreement, please contact us at:
Effective Date: September 5, 2018