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PlanHub User Agreement
Last Revision: August 11, 2026
This User Subscription Agreement (the “Agreement ”) is entered into by PlanHub Inc. (“PlanHub”) and you (“you,” “your,” or “User”) as a user of the PlanHub platform (the “Platform”). PlanHub is a company engaged in the business of matching those seeking construction-related services (“General Contractors”) with sub-contractors or other service providers (“Service Providers”), as well as suppliers of materials, facilities, and other on-site necessities (“Suppliers”). You acknowledge and agree that the following terms and conditions, including the PlanHub Privacy Policy, shall govern your use of the Platform, including both free and subscription-only services for which you have registered. The Platform and all of its features are subject to this Agreement, which incorporates the terms, conditions, guidelines, agreements, covenants, and notices (hereinafter “Terms of Service”) set forth below. If you visit the Platform, or use any services or information offered or provided by or through the Platform, you are subject to the Terms of Service stated herein.
By checking “I agree to the PlanHub Terms and Conditions” box or signing a Subscription Plan and proceeding to use the Platform or logging in, you expressly acknowledge that you have reviewed and agree to abide by the Terms of Service stated herein. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR ARE YOUNGER THAN EIGHTEEN (18) YEARS OLD, DO NOT USE THE PLATFORM.
PlanHub has the right to amend the Terms of Service at any time without notice. Any such amendments will be appended hereto or incorporated herein, and are effective upon posting. You are urged to review the Terms of Service prior to each use of the Platform. This version of the Terms of Service is effective as of the date set forth above. Your continued use of the Platform following the posting of any updates or changes to these Terms of Service constitutes your acceptance of such changes. If you object to any modifications to these Terms of Service, your only recourse is to immediately terminate use of the Platform.
TERMS OF SERVICE
1. SUBSCRIPTION TERM AND TERMINATION.
2. FEES AND CHARGES.
Fees. PlanHub, in its sole discretion, may charge fees for access to the Platform or certain features therein (the “Fees”). Fees for access will be presented at the time of purchase and further set forth in the applicable Invoice. For any Paid Subscription obtained via a Subscription Plan, the Fees for the initial Subscription Term shall be set forth in the Subscription Plan. PlanHub reserves the right to implement an annual increase in Fees to increase the then-current rate offered to customers (to be effective upon renewal of your Paid Subscription); PlanHub will provide you with reasonable notice of such changes. Unless otherwise stated, all fees are quoted in U.S. Dollars.
Promotions. At times, PlanHub may offer promotional rates for new users or new features. We reserve the right to implement these promotions in our sole discretion, and you acknowledge and agree that such promotions may not be available or applicable to you.
Payment Terms. You are responsible for paying all Fees and applicable taxes associated with the Platform within thirty (30) days of Invoice with a valid payment method (“Payment Method”). If your Payment Method fails or is past due, PlanHub collects the Fees owed using other collection methods, including retaining collection agencies and legal counsel, and you agree to reimburse PlanHub for any expense associated with such collection methods. PlanHub may also suspend your access to the Platform without notice until all Fees that are due and owing have been paid in full. Cancellation of your license during any initial period of a subscription is non-refundable, except with respect to the Limited Plan, which may be cancelled as set forth above.
3. GRANT OF LICENSE.
Subject to the Terms of Service, PlanHub grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Platform for the permitted purposes stated herein. PlanHub maintains the right to terminate your access to the Platform at any time, without cause, in accordance with these Terms of Service.
4. RESTRICTIONS ON USE.
By using the Platform or any services or information provided through the Platform and/or posting content, data and information through the Platform, you agree that you shall not:
Should you knowingly post false information or information for which you do not have authorization to post, or should you violate any other terms governing your access to and/or use of the Platform as set forth in these Terms of Service, PlanHub may be entitled to injunctive relief, and may seek legal and equitable remedies including, but not limited to, tortious interference with contractual and/or advantageous business relations, common law fraud and/or wire fraud, fraudulent inducement, negligent inducement, invasion of privacy, defamation, deceptive trade practices, and various other causes and remedies, in addition to seeking damages for breach of this Agreement.
5. PERMISSIBLE USE.
Except as indicated to the contrary elsewhere on the Platform or in this Agreement, you may view, access, post to, and utilize the Platform and information thereon. This includes the following:
As a condition of your use of the Platform and any PlanHub IP provided thereby, you represent and warrant that your use of the Platform and such PlanHub IP will be in accordance with this Agreement and any other applicable laws and regulations, including without limitation, any laws or regulations regarding the Platform, online conduct, and acceptable content. You further represent and warrant that your use of the Platform, PlanHub IP, and any personal information shall be in compliance with all applicable federal, state, and local laws, rules, and regulations related to the collecting, possession or use of personal information or the initiation or transmission of communications or electronic messages, including, but not limited to, the Controlling the Assault of Non-Solicited Pornography Act (“CAN-SPAM”) and the Telephone Consumer Protection Act (“TCPA”). Failure to comply with CAN-SPAM, TCPA, or any other applicable laws, rules, and regulations will be a material breach of this Agreement and may result in the immediate suspension and/or termination of your account. You understand and agree that the Platform merely provides a conduit for the transmission of messages, and PlanHub does not represent, warrant or guarantee that the Platform or any messages you send through the Platform will comply with CAN-SPAM, TCPA, or other such laws, rules, and regulations.
6. REGISTRATION.
To access and use the Platform, you may be required to disclose certain information such as your name and email address (the “Registration Data”), and you may be required to create a username and password to securely access the Platform. When registering for or accessing the Platform, you certify that the Registration Data you have provided is your own contact information, and that the information you have provided is true, accurate, current, and complete. You are solely responsible for maintaining the strict confidentiality of any username and password that you create in order to access and use the Platform and you will be solely responsible for any unauthorized access, data security breach, damages or losses that may result through your account. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Platform has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, PlanHub has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).
If you access the Platform pursuant to a Subscription Plan, PlanHub may collect some or all of the Registration Data (including the applicable Customer’s legal entity name, billing and notice contacts, and account/primary contact) directly from the signed Subscription Plan, rather than through the online registration flow otherwise used to access the Platform, and if applicable, PlanHub may set up the corresponding account(s) and username(s) on Customer’s behalf using such information. Any individual who accesses the Platform under an account established pursuant to a Subscription Plan remains subject to, and responsible for compliance with, this Section 6 and the remainder of these Terms of Service.
7. POSTING AND USE OF USER CONTENT.
To use some features of the Platform, you will be required to disclose certain information, including Registration Data and other contact information, service needs, and such other data as is sought through requests, forms, and blank fields provided within the Platform (collectively, “User Content”). To the extent you post, upload, input, submit, or otherwise transmit or provide (collectively, “Post”) any User Content, you authorize PlanHub to store your User Content and to send, share, and distribute User Content, including, without limitation, your name, basic corporate information, and logos, with and to Service Providers, Suppliers and other third parties and Platform Users, as applicable. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISK RELATED TO THE POSTING OF USER CONTENT TO THE PLATFORM. You represent and warrant that (a) all User Content is accurate and not misleading; and (b) online publication of User Content by you does not violate these Terms of Service or applicable law and will not violate any rights (including any intellectual property rights) of any third parties, or otherwise cause injury to any person or entity.
8. CONTENT RIGHTS.
As between you and PlanHub, you exclusively own all right, title and interest in and to all of your User Content. By Posting User Content to the Platform you hereby grant PlanHub a non-exclusive, perpetual, worldwide, royalty-free right and license to access, use, process, modify, adapt, compile, display, distribute, host, store and otherwise exploit such User Content as reasonably necessary to perform PlanHub’s obligations under these Terms of Service or as otherwise agreed by you and PlanHub. If you submit or share any content or information through the Platform or otherwise with PlanHub, you hereby indemnify, defend and hold PlanHub, its owners, directors, officers, agents, employees, representatives, other Users and service professionals, harmless against any and all claims and demands, including costs, attorneys’ fees, arising out of or related your submission, disclosure, reproduction or publication of such content and information. Under no circumstances will PlanHub be liable in any way for any User Content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any User Content Posted. You acknowledge that PlanHub may or may not pre-screen User Content, but that PlanHub and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Platform and which violates these Terms of Service.
Without limiting the foregoing, you acknowledge and agree that PlanHub may use, transform, copy, modify, disclose and otherwise exploit on a perpetual, irrevocable, fully paid-up, royalty free, worldwide basis, any User Content, including User Content that has been de-identified or anonymized as permitted by applicable law and any and all insights and/or analytic information derived from User Content or use of the Platform (collectively, “Analytics Data”), including without limitation usage statistics, analytic data, benchmarking data and/or similar types of insights and data that describe or relate to the performance, features or functionality of the Platform. You understand that as between the parties, PlanHub shall be the sole and exclusive owner of any Analytics Data, and PlanHub will use Analytics Data to provide services, to contact you should the need arise, to provide this information to other Service Providers on your behalf, and for related purposes. You acknowledge and agree that PlanHub may use Analytics Data and any other User Content for its internal business purposes, including developing, monitoring, maintaining, and improving the Platform and any other PlanHub products or services.
For avoidance of doubt, your User Content may be shared with or viewable by any other user of the Platform. If you are a Service Provider and submit a bid through the Platform, this bid may be accessed by other General Contractors on related projects. If you are a Supplier, we may share pricing information, estimates, and related information that you upload with Service Providers and General Contractors. By submitting a bid, pricing information, estimates, or other related information, Suppliers and Service Providers acknowledge and agree that such information does not constitute confidential information. You authorize PlanHub, as well as the Service Providers, to contact you by e-mail, telephone, mail, fax, or by any other reasonable mode of communication. By entering contact information or a service request in the Platform, you specifically agree to waive any restrictions of any Do Not Call list or similar service, or any law or regulation that restricts commercial solicitations, telephone calls, faxes, or any other form of commercial speech or advertisement. Please consult PlanHub’s Privacy Policy for additional details concerning use of the information you provide to and through the Platform. Should any terms within this section conflict with those incorporated within the PlanHub’s Privacy Policy, those contained within this section shall prevail.
9. PLANHUB INTELLECTUAL PROPERTY; PLATFORM OWNERSHIP.
You acknowledge and agree that PlanHub and its third-party licensors solely and exclusively own, and retain all rights, title, and interest in and to: (a) the Platform, all pages within the Platform, and all proprietary content in the foregoing (including, without limitation, software, photographs, images, logos, video, and graphics, as well as the arrangement and compilation of the text, graphics, audio and video clips, data, digital downloads, buttons, icons, images, and other content); and (b) the PlanHub Trademarks (defined below) (together, the “PlanHub IP”). You are prohibited from using, copying, modifying, reproducing, republishing, transmitting, displaying, posting, or distributing any PlanHub IP without the express, advance, written consent of PlanHub, except that you may display and print pages and items from the Platform for your personal, informational, non-commercial use. No PlanHub IP shall be broadcast or published in any form of media, and the PlanHub IP is not to be copied or posted on any network computer. In the event PlanHub provides written authorization for the use of any PlanHub IP for other purposes, a copyright notice must appear on all pages and documents, along with a statement that such material is being used with the permission of PlanHub. Violation of any of the foregoing restrictions may result in severe penalties and automatically terminates any license granted by PlanHub.
10. TRADEMARK NOTICE.
The trademarks, service marks, trade names, trade dress, and logos of PlanHub displayed within the Platform are either the common law or registered trademarks of PlanHub or its licensors (the “PlanHub Trademarks”) and are the sole property of PlanHub and/or our licensors. Use of meta tags or other “hidden text” incorporating the PlanHub Trademarks is specifically prohibited without the advance, express, written consent of PlanHub in each instance. You shall not represent yourself as PlanHub and you are prohibited form using the PlanHub Trademarks in a manner that would imply our affiliation with, endorsement of, or sponsorship of you or to otherwise suggest that you are more than an independent authorized user of the Platform.
Nothing contained in these Terms of Service shall be construed as conferring any other license or right, express or implied, under any of our intellectual property rights or under any third party’s intellectual property rights. Any rights not expressly granted herein are reserved.
You hereby grant us the right to use your name, logo, and a description of your company when contacting Service Providers, Suppliers, or other Platform users in connection with your project or on your behalf, and to refer to you on our website.
11. DIGITAL MILLENNIUM COPYRIGHT ACT.
PlanHub has designated an agent to receive notifications of alleged copyright infringement associated with the Platform. If you believe that information or content contained on this Platform infringes on your copyright, please notify PlanHub at:
Marcin Szczeblewski
12. ELECTRONIC COMMUNICATIONS.
By using the Platform, or otherwise entering and receiving information through Platform, and by e-mailing PlanHub or any Service Provider, you specifically consent to receive communications from PlanHub and any persons or entities that provide services through the Platform electronically. By entering contact information or a service request in the Platform, you authorize PlanHub, as well as the Service Providers, to contact you by e-mail, telephone, mail, fax, or by any other reasonable mode of communication, and you specifically agree to waive any restrictions of any Do Not Call list or similar service, or any law or regulation that restricts commercial solicitations, telephone calls, faxes, or any other form of commercial speech or advertisement. You further agree that all the Terms of Service stated herein, along with any e-mails or other electronic communications with PlanHub, satisfy any legal requirement that such communications must be in writing.
13. SCOPE OF SERVICE AND LIMITATIONS.
Following entry of your information and request, PlanHub may provide a list of Service Providers and/or Suppliers in your area who may offer or agree to fulfill your service needs. PlanHub does not guarantee that it will be able to provide the name of a Service Provider or Supplier in your area, that it will be able to provide a complete list of Service Providers or Suppliers, or that it will be able to match your particular service needs with the services offered by a Service Provider. PlanHub does not offer or provide construction services, repair services, or any similar services within the construction industry or related industries. PlanHub is not a service provider, product manufacturer or supplier. PlanHub merely provides a marketplace and electronic bulletin board for those offering such services. You accept and acknowledge that you are solely and fully responsible for researching, evaluating, and selecting a Service Provider or Supplier. You are specifically advised to conduct thorough and independent research as to whether the Service Provider or Supplier is properly qualified, licensed, insured, reputable, and otherwise capable of performing the services sought.
PlanHub is not an attorney and cannot give legal advice. Those who seek to enter into contractual relations with Service Providers or Suppliers, those who seek to discontinue such contractual relations, and those involved in disputes with Service Providers or Suppliers should seek the advice of an attorney. Construction lien law can be especially complex, and it is recommended that you consult an attorney immediately should a lien be placed against your property.
14. INDEMNIFICATION.
You will indemnify, defend and hold harmless PlanHub, its officers, directors, agents and employees against any asserted claims or suits made by any third party for any and all damages, losses, judgments or liabilities (including but not limited to reasonable attorneys’ fees) arising from or relating to: (a) any breach of this Agreement by you; (b) any User Content that you Post on the Platform or otherwise provide to PlanHub; (c) your relationships with and obligations to any third parties pursuant to your use of the Platform; (d) your violation of any rights of any third party; (e) any communications sent by you on or through the Platform and any violation of applicable marketing or communications laws, rules, or regulations (including but not limited to CAN-SPAM and TCPA); or (f) your negligence, willful misconduct, fraud, or violation of applicable law.
15. DISCLAIMER / LIMITS ON LIABILITY.
You acknowledge and agree that all services and information provided by and through the Platform are provided on an “AS IS” and “AS AVAILABLE” basis. EXCEPT AS EXPRESSLY SET FORTH WITHIN THIS AGREEMENT, PLANHUB DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE.
UNDER NO CIRCUMSTANCES SHALL PLANHUB BE LIABLE FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCURRED BY YOU OR ANY THIRD PARTY, EVEN IF PLANHUB HAS BEEN SPECIFICALLY ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PLANHUB’S LIABILITY TO YOU OR ANY OTHER PERSON, FIRM OR ENTITY EXCEED THE FEES ACTUALLY PAID BY YOU TO PLANHUB IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, REGARDLESS OF THE FORM OF CLAIM. PLANHUB MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE OPERATION OF THE PLATFORM, THE INFORMATION AND SERVICES MADE AVAILABLE THROUGH THE PLATFORM, OR THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PLATFORM. TO THE EXTENT THAT THEY ARE PROHIBITED BY LAW WITHIN ANY STATE, COMMONWEALTH, TERRITORY, PROVINCE, PROTECTORATE, OR JURISDICTION, THE FOREGOING LIMITS ON LIABILITY, LIMITATIONS ON CERTAIN DAMAGES, AND/OR DISCLAIMER OF WARRANTIES SHALL NOT APPLY.
16. INDEPENDENCE OF SERVICE PROVIDERS/DISCLAIMER OF SERVICE-PROVIDER WARRANTIES.
The third parties, including without limitation Service Providers, listed by PlanHub, or that otherwise offer, provide, or advertise their services through the Platform, are not employees, agents, subsidiaries, joint venturers or affiliates of PlanHub. PlanHub does not control their actions, representations, or services. PlanHub does not recommend any one Service Provider over any other Service Provider. PlanHub is not responsible for the accuracy of information provided by any Service Provider. PlanHub does not guarantee, warrant, endorse, defend, investigate, or supervise the performance, representations, guarantees, or warranties of any Service Provider. PLANHUB HEREBY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND OTHER INFORMATION PROVIDED BY OR POSTED BY THIRD PARTIES WITHIN THE PLATFORM OR ELSEWHERE, INCLUDING, BUT NOT LIMITED TO, ALL EXPRESS WARRANTIES, IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF HABITABILITY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE, AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY TYPE, IRRESPECTIVE OF HOW SUCH WARRANTIES OR REPRESENTATIONS ARE FRAMED, CLASSIFIED, OR PRESENTED. USER HEREBY ACKNOWLEDGES AND AGREES THAT ANY WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF ANY TYPE, PROVIDED BY SERVICE PROVIDERS, MERCHANTS, MANUFACTURERS, OR SUPPLIERS ARE TO BE PURSUED AND ENFORCED STRICTLY AGAINST SUCH PERSONS AND ENTITIES, AND THAT SUCH WARRANTIES, GUARANTEES, AND REPRESENTATIONS WILL NOT BE ENFORCED AGAINST PLANHUB. PlanHub is not a proper party to any dispute that may arise between Service Providers, Suppliers and/or Platform Users.
17. DISCLAIMER AS TO ACCURACY/RELIANCE ON INFORMATION.
Although PlanHub attempts to ensure the integrity and accurateness of the Platform, PlanHub makes no claims, representations, or warranties as to the accuracy, reliability, or suitability of the information contained within the Platform, including, but not limited to, the information contained in any text, documents, graphics, and other elements. The information provided within or generated by the Platform may contain technical errors, typographical errors, errors made or perpetuated by third parties, or other forms of error, and should not be relied on except as a starting point for research or investigation. You agree not to rely on any information provided within the Platform as a basis for decision until you have independently researched, verified, and confirmed the same. ALL INFORMATION IS PROVIDED AS IS, WITHOUT A WARRANTY OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM AND INFORMATION THEREIN IS AT YOUR SOLE RISK.
18. THIRD-PARTY CONTENT.
Third-Party Content. Certain materials on the Platform may be furnished by third parties, including advertisements and other information, logos, and trademarks, and should not be used or reproduced without the express consent of their respective owners. PlanHub is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within the Platform, on any Third-Party Sites, or in any other location. Such representations constitute the opinions of those who posted the same, are not endorsed by PlanHub, and do not reflect the opinions of PlanHub or its officers, directors, agents, or employees. PlanHub does not regularly review posted content and has no obligation to conduct such reviews or to regularly remove content that does not meet the criteria set forth within these Terms of Service. PlanHub nevertheless reserves the right to remove, without notice, any content, posted within the Platform that PlanHub, in its sole discretion, deems as disparaging, offensive, disruptive, or potentially defamatory.
Links to PlanHub. Service Providers and other third parties may be granted limited and nonexclusive permission to create a hyperlink to the home page of PlanHub. No link may portray PlanHub in a false light or defame or disparage the Platform or other services offered by PlanHub or any Service Provider listed through PlanHub.
19. THIRD-PARTY SITES AND SERVICES.
The Platform may contain links from and to other websites that are not controlled by PlanHub. PlanHub is not responsible for the governing terms or conditions of such sites that are owned or controlled by a third party. In addition, the Platform may incorporate products, services, features, or tools provided by a third party or the Platform may use a third party to host or provide services in connection with the Platform (together with any third-party sites, the “Third-Party Services”). You acknowledge and agree that PlanHub has no control over such Third-Party Services and that PlanHub makes no representations or warranties with respect to the Third-Party Services and disclaims all liability for such Third-Party Services providers’ acts or omissions. PlanHub makes no representations or warranties and shall have no liability or obligation whatsoever in relation to the operation, content, or use, of any Third-Party Services, such Third-Party Services’ use or security with respect to your data or User Content, or any transactions completed in or through the same, with any such third party, whether or not any such products or services are designated as “approved” or “validated” and the like. PlanHub cannot guarantee the continued availability of any Third-Party Services, and may cease or suspend provision of your access to any Third-Party Service at any time without entitling you to any refund or credit, if for example and without limitation, the provider of the Third-Party Service ceases to make the Third-Party Service available for interoperation with the Platform in a manner acceptable to PlanHub, or upon the expiration or termination of this Agreement. You are responsible for complying with the applicable terms of service for any Third-Party Service with which you use the Platform.
20. AI TOOLS AND RELATED DATA.
The Platform may include features or functionalities that are artificial or augmented intelligence or other machine learning, self-improving, and/or predictive analysis tools that make recommendations based on rules or statistics learned from example data (the “AI Tools”). Certain of the AI Tools are proprietary to and provided by PlanHub, in which case the AI Tools will be considered part of the Platform and subject to the terms of this Agreement. Other AI Tools may be provided by third parties as Third-Party Services, which may be subject to additional terms and conditions.
When using the AI Tools, you agree that you will not Post any photographs, scans, videos, or other images that contain or are reasonably likely to contain an individual’s personally identifiable data. If you intend to share the results or other output generated by your use of the AI Tools, whether alone or in combination with other information or material, you must clearly indicate that AI Tools were utilized in creating and developing such results or other output. You also acknowledge and agree that PlanHub may collect, analyze, and use User Content in order to improve and enhance the Platform and in order to train, validate, test, improve, and/or deploy PlanHub’s AI Tools.
21. FEEDBACK.
If you propose or provide any remarks, suggestions, ideas, enhancements, requests, feedback, recommendations and other information to us relating to the Platform or any of our other products or services (the “Feedback”), you hereby irrevocably assign all right, title and interest in and to such Feedback to us and acknowledge and agree that the Feedback will be owned by PlanHub. You agree that PlanHub may, in its sole discretion, use the Feedback you provide to PlanHub in any way, including in future modifications of the Platform or in other PlanHub products or services. We will not be required to treat the Feedback as confidential, and will not incur any liability as a result of any similarities that may appear in our future products, services or operations.
22. NO CONFIDENTIALITY OR USE LIMITATIONS FOR SUBMITTED INFORMATION.
You acknowledge and agree that any communication or material you transmit to or through the Platform, in any manner and for any reason, will not be treated as confidential or proprietary information and that any communications, or other materials you transmit to the Platform may be used by PlanHub for any reason whatsoever at any time without notice to you. You further acknowledge and agree that if PlanHub decides, in its sole discretion, to use or revise the materials, we may do so through reproduction, transmission, publication, and/or broadcast without permission from or compensation to you.
23. PRIVACY POLICY.
In order to use certain features of PlanHub’s Platform, you must provide us with certain information. These information requirements, as well as how PlanHub protects and handles your information, are detailed in the PlanHub’s Privacy Policy.
24. FALSE SERVICE REQUESTS/REMEDIES.
Should you make a service request using a false identity, you agree that such action constitutes a material breach of this Agreement. You further agree that damages under such circumstances, in the form of lost profits, lost opportunity, consequential damages, damage to reputation, and disruption of services, would be difficult to measure. Therefore, any person or entity making service requests or other applications and inquiries using a false identity, agrees to pay damages in the amount of $5,000.00, per incident, to both PlanHub and each Service Provider or other third party to whom such request was made. This amount does not constitute a penalty, but is a valid attempt to quantify damages that may result from such incidents. In addition, the person or entity making such false request or request under a false identity agrees to pay all reasonable attorneys’ fees, investigative costs, and other costs and expenses incurred by PlanHub, including attorneys’ fees, costs, and expenses incurred on appeal, and in determining the amount of reasonable attorneys’ fees, costs, and expenses. This provision shall not limit PlanHub’s right to pursue other remedies and damages for related and unrelated tortious acts. Further, should a single person or entity make three (3) or more such false requests, such activities shall be deemed to constitute a pattern of false requests under this Agreement. Under such circumstances, the PlanHub shall have the right, at its sole discretion, to waive the liquidated damages provision stated herein, and pursue additional damages, including, but not limited to punitive damages.
25. DISPUTE RESOLUTION WITH SERVICE PROVIDERS OR SUPPLIERS.
You agree and acknowledge that PlanHub has no obligation to address, acknowledge, review, take up, or respond to complaints or disputes with respect to the representations, actions, or services of a Service Provider or Supplier. Any inquiries or complaints should be directed to the Service Provider or Supplier.
26. SERVICE PROVIDER SCREENING.
When a Service Provider applies for membership, PlanHub takes basic steps to ascertain the credentials of the Service Provider, including the confirm the accuracy of any Registration data. Steps may include, but will not necessarily include or be limited to, criminal checks, identity verification, sexual predator checks, and state-wide license verifications. All or part of this inquiry may be carried out by a third party, and may rely partially or entirely on third-party data and data sources. PlanHub has no obligation whatsoever to conduct such inquiry, to confirm the accuracy of any data provided to it by third-party sources, or to undertake any independent investigation. You agree and understand that the process is not error free, does not constitute a detailed background check, and is extremely limited in scope. Notwithstanding the foregoing, you understand and agree that it is solely your responsibility to research, ascertain, confirm and verify the license requirements, license status, qualifications, safety record, disciplinary record, insurance status, corporate status, bonding information, integrity, and other qualifications of a Service Provider. Determining whether a Service Provider is properly licensed to perform a specific task within a specific locality can be a complex task, and you should consult with the appropriate state agency, the county and local building departments, and other license authorities when making such a determination. PLANHUB DISCLAIMS ALL LIABILITY FOR THE QUALITY OR QUALIFICATIONS OF ANY SERVICE PROVIDER, AND YOU AGREE TO RELEASE PLANHUB FROM ANY AND ALL LIABILITY FOR INSUFFICIENT SCREENING PROCEDURES, AND YOU SPECIFICALLY AGREE TO BE RESPONSIBLE FOR ASCERTAINING AND VERIFYING THE CREDENTIALS AND CURRENT STATUS OF SERVICE PROVIDERS.
27. GENERAL PROVISIONS.
The following general conditions apply to this Agreement, and shall be deemed part of the Terms of Service stated herein:
Enforcement/Binding Effect. You acknowledge and agree that this Agreement constitutes a contract enforceable in a court of law or equity, that it is supported by sufficient consideration, and that it is specifically enforceable to the fullest extent possible under the court’s equitable and legal jurisdiction.
Dispute Resolution. You and PlanHub agree that any dispute that arises under this Agreement, or that is in any way related to this Agreement or to the Platform, shall be submitted to binding arbitration, pursuant to the rules of the American Arbitration Association. PlanHub may seek injunctive or other appropriate relief. The party determined to be in violation of this Agreement shall be responsible for all reasonable attorneys’ fees and costs, including expenses associated with expert witnesses, travel, costs, appellate proceedings, and the like, including attorneys’ fees incurred in establishing the amount of attorneys’ fees to be awarded.
Entire Agreement/Merger. This Agreement, together with your Subscription Plan (if applicable) contains the entire agreement between the parties as to the subject matter hereof. You acknowledge and agree that no representations, promises, or agreements, other than those made herein, have been made by any of the parties hereto in connection with this Agreement. All prior representations are merged into this Agreement.
Construction/Severability. The section titles in this Agreement are for convenience only and have no legal or contractual effect. If any term or provision of this Agreement or the application thereof to any person or circumstance shall be determined to be void, invalid, or unenforceable by any court of competent jurisdiction, then such provision or determinations shall be modified to conform it to law and to make it enforceable, while maintaining, to the fullest degree possible, the purpose of the provision. If such modification is not possible, the provision shall be stricken, and shall not affect the validity and enforceability of the remaining Terms of Service and the overall Agreement.
Venue and Jurisdiction. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of Florida or to any Federal Court located within the State of Florida for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, to temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should the section entitled “Dispute Resolution” be deemed invalid or otherwise unenforceable for any reason, it shall be severed and the parties agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Palm Beach, Florida.
Waiver. The failure of PlanHub to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
No Agency. You are not an agent of PlanHub for any purpose whatsoever; neither is PlanHub your agent for any purpose whatsoever.
Successors and Assigns. This Agreement and the Terms of Service and the rights and obligations hereunder shall bind and inure to the benefit of PlanHub, its successors and assigns, and licensees.
Comments, Requests, and Questions. Please send any comments, requests, or questions to www.planhub.com/contact-us .
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Expand your network and connect with general contractors, subcontractors, owners, architects, and suppliers – not to mention thousands of relevant projects at your fingertips.
Generate relevant leads, faster and with precision. With access to private, hard-to-find projects, you can connect with architects and owners on projects still in the pre-design and design stages.
PlanHub’s advanced suite of bid management tools allows you to increase productivity, identify relevant projects using data, build bids with Takeoff, and manage bids through the entire process.