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PlanHub User Agreement
Last Revision: August 12, 2021
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. By logging in to the Platform or using the Platform in any way, you consent to the Terms of Service that are effective at that time. 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
TERM AND TERMINATION.
FEES AND CHARGES. PlanHub, in its sole discretion, may charge fees for access to the Platform or certain features therein. Fees for access will be presented at the time of purchase and further set forth in the applicable Invoice. PlanHub reserves the right to implement an annual increase in fees no more than once per year of up to five percent (5%) of the then-current rate offered to customer upon renewal of your Paid Subscription, and will provide you with reasonable notice of such changes. At times, we may offer promotional fees and terms 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. Unless otherwise stated, all fees are quoted in U.S. Dollars. 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 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.
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.
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 violate any other Terms of Service set forth herein, 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.
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:
SHARING CONTENT. By posting or submitting any content or information, including without limitation any contact information, on or through the Platform, you represent and warrant that you have all necessary rights to post or submit such content and information, including, without limitation, all necessary consents and permissions from individuals under applicable law. You hereby grant PlanHub a non-exclusive, perpetual license to access, use, compile, display, and share such content and information. 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.
COPYRIGHT INFORMATION AND OWNERSHIP. The Platform and all pages within the Platform are and constitute the copyrighted property of PlanHub, 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. You are prohibited from using, copying, modifying, reproducing, republishing, transmitting, displaying, posting, or distributing any content 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. Such material is not to be broadcast or published in any form of media, and is not to be copied or posted on any network computer. In the event PlanHub provides written authorization for the use of any such material 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.
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 the copyright agent of the PlanHub at:
Designated Agent: James Govin
Hermann & Govin
134 South Dixie Highway, Suite 100
Hallandale Beach, FL 33009
TRADEMARK NOTICE. The trademarks and logos of PlanHub displayed within the Platform are either the common law or registered trademarks of PlanHub or its licensors. Use of meta tags or other “hidden text” incorporating PlanHub’s name, trade dress, or trademarks is specifically prohibited without the advance, express, written consent of PlanHub in each instance.
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.
ELECTRONIC COMMUNICATIONS. By 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. 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.
SCOPE OF SERVICE AND LIMITATIONS. Following entry of your information and request, PlanHub will 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.
AUTHORIZED PLANHUB ACTIVITIES. By using the Platform, you expressly consent to PlanHub’s access to and use of your account for the purpose of (i) sending correspondence to Service Providers, Suppliers, or other users on your behalf from your account and to perform such other activities as you may direct PlanHub from time to time; and/or (ii) providing maintenance and support to your account.
DATA RIGHTS. As between you and PlanHub, you exclusively own all right, title and interest in and to all of Your Data. PlanHub may use, transform, copy, modify, disclose and otherwise exploit on a perpetual, irrevocable, fully paid-up, royalty free, worldwide basis Your Data, including Your Data that has been de-identified or anonymized as permitted by applicable law and any and all insights and/or analytic information derived from Your Data or use of the Platform, 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.
INDEMNIFICATION. You agree to 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: (i) any actual or alleged breach of this Agreement by you; (ii) any content, data or material that you submit, post or otherwise provide to PlanHub or on the Platform; (iii) your relationships with and obligations to any third parties pursuant to your use of the Platform; (iv) your violation of any rights of any third party; or (v) your negligence, willful misconduct, fraud, or violation of applicable law.
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, 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.
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. Any guarantees, warranties and representations made by Service Providers do not constitute the guarantees, warranties, or representations of PlanHub. 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. If you enter into a contract with a Service Provider or Supplier, your rights are governed by the contract and by applicable law. If a Service Provider or Supplier enters into a contract with you or with any other User of this Platform, its rights are governed by the contract and by applicable law. In either case, PlanHub is not a proper party to any dispute that may arise between Service Providers, Suppliers and/or Platform Users.
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 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. PlanHub may allow third parties to post information on the Platform. PlanHub does not investigate the accuracy of such information, and you should independently check and verify any information presented. 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.
THIRD PARTY CONTENT/LINKS/STATEMENTS OF OPINION. This Platform may contain links from and to other websites that are not controlled by PlanHub. PlanHub is not responsible for terms of service, or any other governing terms or conditions, of other websites. Certain materials on this 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. 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 services offered by PlanHub or any Service Provider listed through PlanHub. PlanHub is not responsible for any statements of opinion, complaints, comments, reviews, or ratings posted or published within the Platform, on any websites owned or controlled by third parties, 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. To the extent the Platform incorporates products or services of a third party or uses a third party to host or provide services in connection with the Platform (“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.
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.
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.
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. At its sole discretion, PlanHub may offer gratuitous, informal, limited assistance to Users who contacted a Service Provider through the Platform and who are dissatisfied with the services provided. Such inquiries should be directed to PlanHub’s Customer Support. Any User seeking such assistance agrees to have made a good-faith effort to resolve the dispute with the Service Provider before contacting PlanHub, and further agrees to cooperate, to act in good faith, and to deal fairly in its contacts with PlanHub. The User seeking such services specifically acknowledges that PlanHub is not acting as an attorney, mediator, arbitrator, or in any other formal capacity. You agree that any assistance provided by PlanHub, pursuant to this section is given free of charge and consideration, shall not subject PlanHub to any liability whatsoever, and shall not create any new duties or obligations on the PlanHub. PlanHub reserves the right to terminate such assistance at any time, at its sole discretion, with or without cause.
SERVICE PROVIDER SCREENING. When a Service Provider applies for membership, PlanHub takes basic steps to ascertain the credentials of the Service Provider. 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. The procedure may change from time to time, at the sole discretion of PlanHub. 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 understand that PlanHub does not provide any guarantee, warrantee, endorsement, recommendation, or representation regarding the qualifications, credentials, reputation, license status, insurance status, financial status, bonding information, corporate status, safety record, discipline record, litigation record, or integrity of any Service Provider. You agree and understand that the process is not error free, does not constitute a detailed background check, and is extremely limited in scope. You understand that, even if steps to ascertain the credentials of Service Providers are taken at the time a Service Provider registers with PlanHub, the status of the Service Provider may change over time. In addition, PlanHub relies to some degree on the representations of the Service Providers themselves. You agree and acknowledge that PlanHub has a right to rely on such information without independently verifying the same and without incurring any liability. Consequently, 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. In addition, you should ask for a copy of the license prior to entering into contract. 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.
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 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.