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Terms

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE ”TERMS”)
CAREFULLY. THEY MAY BE AMENDED FROM TIME TO TIME BY US
WITHOUT NOTICE, AND AS MODIFIED THEY FORM A BINDING AGREEMENT
BETWEEN YOU AND CARIBOU APPS, LLC D/B/A/ PLOWZ & MOWZ, AND PLOWZ & MOWZ INC. (“WE” or “US”) GOVERNING THE MANNER IN WHICH YOU ARE PERMITTED TO USE THE MOBILE APPLICATION PLOWZ & MOWZ (THE “SITE”) AND THE SERVICES IT OFFERS (THE “SERVICES” AS FURTHER DESCRIBED BELOW).
THE PRIVACY POLICY, AVAILABLE HERE IS HEREBY INCORPORATED BY
REFERENCE INTO THESE TERMS. THESE TERMS WILL BE UPDATED FROM
TIME TO TIME WITHOUT NOTICE AND AVAILABLE HERE. FAILURE TO
AGREE TO THE TERMS WILL RESULT IN YOUR BEING UNABLE TO USE THE
SITE OR SERVICES. ANY BREACH OF THESE TERMS WILL RESULT IN YOUR
BEING UNABLE TO USE THE SITE OR SERVICES AND MAY SUBJECT YOU TO
ADDITIONAL CIVIL PENALTIES.

OWNERSHIP; THIRD PARTIES
You may utilize the Site to obtain on-demand plowing services and mowing
(the “Services”) only for real property for which You are the legal owner or
legally permitted to contract to benefit. You represent, by utilizing this Site or
the Services, that you either are such legal owner or possess such legal
permission, and you acknowledge that We are relying on such representation
in causing the Services to be performed. We may, but are not required to,
demand proof of same. You acknowledge and agree that the Services are to be
performed by third-party contractors (“Contractors”). We have no control
over the actions of the Contractors. Their performance of the Services, and
Your use of the Services, is explicitly subject to limitations of liability set forth
in these Terms.

REGISTRATION; USE
In order to utilize the Site and obtain Services, You must, to register with Us,
using complete and accurate information for all fields requested, which You
are responsible for maintaining as current. You will only be permitted to
register on Your own behalf and no other person or entity, unless You are an
authorized representative of that entity for which authorization we may, but
are not required, to demand proof. We may refuse Your registration or cancel
Your account at any time, for any or no reason, in Our sole discretion,
resulting in Your inability to utilize the Site or the Services. Cancellation of
Your registration may result in the forfeiture and destruction of all
information associated with Your account. If You wish to terminate Your
account, You may do so by notifying Us and ceasing all use of the Service.
These Terms which by their nature should survive termination shall survive
termination, including, without limitation, ownership provisions, warranty
disclaimers, indemnity and limitations of liability.
You are solely responsible and liable for activity that occurs on Your account,
shall not permit any third person or party to access or use Your account and
shall be responsible for maintaining the confidentiality of Your password. You
are not permitted to use another user’s account. You will immediately notify
Us in writing of any unauthorized use of Your account, or other account related
security breach of which You are aware. You represent and warrant
that if you are an individual, You are of legal age to form a binding contract, or
that if You are registering on behalf of an entity, that You are authorized to
enter into, and bind the entity to, these Terms. We may, but are not required
to, demand proof of same. You are solely responsible for ensuring that these
Terms are in compliance with all laws, rules and regulations applicable to
You. As a condition of use, You promise not to use the Site or Service for any
purpose that is not expressly permitted by these Terms. You shall not take
any action that attempts to (i) interfere or has the effect of interfering with
the proper working of the Site or Services, (ii) bypass any security measures
of the Site or Services, (iii) collect, use or scrape any content from the Site, or
(iv) modify, appropriate, reproduce, distribute, reverse engineer, mine, create
derivative works or adaptations of, publicly display, sell, trade, or in any way
exploit the Service or Site content, except as expressly authorized by the
Terms. By creating an Account, you agree that the Services may send you
informational text (SMS) messages as part of the normal business operation
of your use of the Services.

REPRESENTATIONS
Each time You choose to use the Services, You will be deemed to accept these
Terms as they exist at such time, and to represent and warrant that, at the
time of commencement of the Services and throughout the performance
thereof, the area to be Serviced: (i) is in a condition suitable for mowing and
plowing; (ii) will have boundaries clearly marked; (iii) will be free of all
debris, obstacles and obstructions and (iv) is situated on land for which You
have a legal right to contract.

DISCLAIMER; LIMITATION OF LIABILITY
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE
CONTRACTORS, THEIR EXPERIENCE, QUALITY OF SERVICES, INSURANCE
STATUS, CERTIFICATION, LICENSE OR LEGITIMACY. WE OPERATE ONLY AS
AN INTERMEDIARY BETWEEN YOU AND THE CONTRACTORS, PLACING YOU
IN CONTACT WITH THE FIRST AVAILABLE CONTRACTOR FOR THE
SERVICES AND COLLECTING PAYMENT FOR REMITTANCE THERETO LESS A
FEE FOR OUR SERVICESYour interactions with the Contractors and any
other terms, conditions, warranties or representations associated with such
dealings, are solely between You and the Contractors. You should make
whatever investigation You feel necessary or appropriate before proceeding
with the Services. We shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings, including Your use of
the Services.
In the event of damage to person or property, Your recourse is against the
Contractors only for negligent performance or non-performance of the
Services. We are not obligated to, and We will not, take part in any dispute.
Our maximum liability to You will be a refund of amounts paid by You to Us
for the Services out of which any dispute or damages arose. In the event of
any such damages or dispute, You hereby release Us, Our officers, employees,
agents, affiliates, representatives and successors from claims, demands and
damages (actual and consequential) of every kind or nature, known or
unknown, suspected and unsuspected, direct or indirect, disclosed and
undisclosed, arising out of or in any way related to such disputes and/or the
Services. You agree to take reasonable precautions and exercise the utmost
personal care in all interactions with any individual or entity You come into
contact with during Your use of the Services. YOUR USE OF THE SITE AND
SERVICES IS SOLELY AT YOUR OWN RISK.
OUR SITE AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND
ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF
TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT
REQUIRED BY LAW. WE DO NOT WARRANT THAT: A) THE SITE OR
SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; C) ANY CONTENT
AVAILABLE AT OR THROUGH THE SITE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICES
WILL MEET YOUR REQUIREMENTS AS TO QUALITY OR TIMELINESS.
ALL LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, PARTNERS, SUPPLIERS, CONTENT PROVIDERS,
OFFICERS AND SUCCESSORS HOWSOEVER ARISING FOR ANY LOSS
SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR SERVICES IS
EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW,
SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT
LIABILITY OF US, OUR DIRECTORS, EMPLOYEES, OFFICERS, AGENTS,
REPRESENTATIVES, AFFILIATES, PARTNERS, SUPPLIERS, CONTENT
PROVIDERS OR SUCCESSORS (AS APPLICABLE) (THE “PLOWZ & MOWZ
ENTITIES”) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED
IN THE AGGREGATE TO ONE HUNDRED U.S. DOLLARS ($100.00). TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE PLOWZ & MOWZ ENTITES BE LIABLE UNDER CONTRACT, TORT,
STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE
THEORY OR OTHERWISE (AND WHETHER OR NOT ANY OF SUCH PERSONS
OR ENTITIES HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING
RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE OR SERVICES
FOR: INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES; LOSS OF
ACTUAL OR ANTICIPATED PROFITS; LOSS OF REVENUE; LOSS OF
GOODWILL; LOSS OF DATA; WASTED EXPENDITURE; OR COST OF
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. IN NO EVENT SHALL
WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT,
INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR
INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR
ANY CONTRACTORS IN CONNECTION WITH THE USE OF THE SERVICES,
INCLUDING WITHOUT LIMITATION, BODILY OR PERSONAL INJURY,
DAMAGE TO PROPERTY AND/OR ANY OTHER DAMAGES RESULTING FROM
PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES. YOU
UNDERSTAND THAT WE MAKE NO GUARANTEE, EITHER EXPRESS OR
IMPLIED, REGARDING THE SERVICES.

INDEMNIFICATION
You shall defend, indemnify, and hold harmless the PLOWZ & MOWZ Entities
from all losses, costs, actions, claims, damages, expenses (including
reasonable legal costs) or liabilities, that arise from or relate to Your use or
misuse of, or access to, the Site or Services, violation of these Terms, breach of
representations herein or third-party using Your account. We reserve the
right to assume the exclusive defense and control of any matter otherwise
subject to indemnification by You, in which event You will assist and
cooperate with Us in asserting any available defenses.

PAYMENT
When utilizing the Services, You will pay Us the applicable amount, plus
applicable sales tax, up front using Our third-party payment services, in
which case We will charge Your credit card or other third-party account
according to Your user agreement with Your credit card, and You hereby
authorize Us to charge Your credit card for such amounts and to submit such
charge to Our third-party payment processor. We will not be liable for any tax
or withholding.

GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws
of the State of New York excluding its conflicts of law rules. For all purposes
of these Terms, the parties consent to exclusive jurisdiction and venue in the
United States Federal Courts or State Courts located in the County of
Onondaga, State of New York.

MISCELLANEOUS
These Terms are the entire agreement between You and Us with respect to
the Site and Services, and supersede all prior or contemporaneous
communications and proposals (whether oral, written or electronic) between
You and Us with respect thereto. If any provision of these Terms is found to
be unenforceable or invalid, that provision will be limited or eliminated to the
minimum extent necessary so that these Terms will otherwise remain in full
force and effect and enforceable. The failure of either party to exercise in any
respect any right provided for herein shall not be deemed a waiver of any
further rights hereunder. Waiver of compliance in any particular instance
does not mean that We will waive compliance in the future. In order for any
waiver of compliance with these Terms to be binding, We must provide You
with written notice of such waiver. These Terms are personal to You, and are
not assignable, transferable or sublicensable by You except with Our prior
written consent. We may assign, transfer or delegate any of Our rights and
obligations hereunder without consent. No agency, partnership, joint venture,
or employment relationship is created as a result of these Terms and neither
party has any authority of any kind to bind the other in any respect. Any right
not expressly granted herein is reserved by Us. Unless otherwise specified in
these Terms, all notices under these Terms will be in writing and will be
deemed to have been duly given when received, if personally delivered or
sent by certified or registered mail, return receipt requested; when receipt is
electronically confirmed, if transmitted by facsimile or e-mail; or the day after
it is sent, if sent for next day delivery by recognized overnight delivery
service. If You believe that any content on the Site belonging to use has been
has copied in any way that constitutes copyright infringement, or Your
intellectual property right have been otherwise violated, please notify Us of
such claims.

Revised 10.18.18