app.planhub.com Open in urlscan Pro
54.187.113.158  Public Scan

Submitted URL: http://url5943.planhub.com/ls/click?upn=-2Bz-2BqGQ-2Bmlk3z2lOf-2FfomoIlgKflRvG0smGC7i3tUuv3YF-2F2N7NLp8JBcHhnPUnGr7VI91h4-2...
Effective URL: https://app.planhub.com/
Submission: On June 03 via api from US — Scanned from DE

Form analysis 1 forms found in the DOM

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Text Content

SUBCONTRACTOR REGISTRATION

REGISTER TO RECEIVE BID INVITATIONS!

Not a subcontractor?
Click here to register as a general contractor
Click here to register as a supplier
Email *

First Name *

Last Name *

Password *

Confirm Password *

Phone Number *

I agree to the Planhub
Terms of Use
Create Account
Already have an account? Sign In
Need assistance with your registration? Please give us a call at 1-866-752-6482.


PLANHUB USER AGREEMENT

06/03/2022

Last Revision: May 12, 2022



This User 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. 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 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. 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.

 * Free Trials and Unpaid Subscriptions.  To the extent made available by
   PlanHub you may use certain aspects of our Platform without payment of any
   fees.  We reserve the right to terminate your access to any free trial or
   unpaid portion of the Platform at any time and you may stop using such
   features and portions of the Platform at any time you choose.  To the extent
   you have not purchased a Paid Subscription (as defined below), certain
   features and functionality may not be available to you.    
 * Subscriptions.  You may purchase a subscription to the Platform in accordance
   with the terms of this Agreement (“Paid Subscription”).  The term of your
   Paid Subscription begins on the date your first payment of applicable fees
   for such Paid Subscription is processed and continues in effect for the term
   selected by you upon purchase (the “Subscription Term”) and as set forth in
   the invoice issued to you upon processing of your payment (the “Invoice”)
   unless terminated as described below.  
 * Cancelling Your Subscription.   In order to cancel your Paid Subscription,
   please contact your Customer Success Manager or PlanHub support for
   instruction on how to obtain the cancellation form that must be filled out
   and submitted. Your Paid Subscription will continue in effect until the end
   of the applicable Subscription Term, as set forth in the applicable Invoice.
   If you do not cancel your Paid Subscription thirty (30) days prior to the
   next scheduled payment, your Paid Subscription will automatically renew in
   accordance with the terms of this Agreement and the applicable Invoice. 
 * Termination by PlanHub.  PlanHub may terminate this Agreement and your access
   to the Platform without cause or liability upon thirty (30) days’ prior
   written notice to you.

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 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:

 * Publish, post, or otherwise communicate false information, inaccurate
   information, misleading information, information of another person for which
   you are not authorized to provide, or libelous or defamatory content;
 * Violate any laws, regulations, or codes;
 * Post inappropriate, impertinent, or scandalous content or post items in an
   inappropriate category;
 * Use the Platform if you have been suspended or barred from use;
 * Use the Platform or any of its content for competitive reasons, or resell or
   redistribute PlanHub content without prior express written consent of
   management at PlanHub;
 * Interfere with another User’s listings or requests, or take any other action
   to undermine communications or the efficient operation of the Platform,
   including, but not limited to, the distribution of spam, chain letters, and
   viruses; hacking and jamming; and use of harmful technologies of any type;
 * Transmit or upload files that contain viruses, Trojan horses, worms, time
   bombs, cancelbots, corrupted files, or any other similar software or programs
   that may damage the operation of another’s computer or property;
 * Use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,”
   “data mining,” “computer code” or any other automated device, program, tool,
   algorithm, process or methodology or manual process having similar processes
   or functionality, to access, acquire, copy, or monitor any portion of the
   Platform or any data or content found on or accessed through the Platform;
 * Interfere with, attempt to interfere with or otherwise disrupt the proper
   working of the Platform, any activities conducted on or through the Platform,
   or any servers or networks connected to the Platform, including accessing any
   data, content or other information prior to the time that it is intended to
   be available to the public on the Platform. PlanHub reserves the right to
   limit the number of projects, contacts and companies that can be viewed
   during any given day;
 * Replicate, reproduce, copy, or distribute content from the Platform, or
   PlanHub’s copyrights and trademarks, in violation of this Agreement;
 * Delete, modify, hack, or attempt to change or alter any of the content on the
   Platform;
 * Assist or conspire with others to circumvent fees due to PlanHub;
 * Falsely pose as a customer, service requester, or Service Provider, falsely
   state or otherwise represent an affiliation with a person or entity, or
   otherwise use a false identity, email address, telephone number, or physical
   address, whether to gain some financial advantage, to generate economic harm,
   to jam or disrupt communications, to commit fraud, or for any other purpose
   whatsoever; or
 * Collect, harvest, or distribute information, including email addresses, from
   other Users, visitors, or Service Providers, without consent, or otherwise
   violate  PlanHub’s Privacy Policy.

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:

 * Users may access and use the Platform to post construction-related projects,
   to communicate with Service Providers and Suppliers, and to receive and
   access bids.
 * Suppliers may access and use the Platform to submit bids to Users and Service
   Providers, manage and submit pricing information, and communicate with Users
   and Service Providers.
 * Service Providers may access and use the Platform to search for
   construction-related projects, submit and manage bids to Users, and
   communicate with Users and Suppliers.

USE OF INFORMATION. To use some features of the Platform, you will be required
to disclose certain information, including contact information, service needs,
and such other data as is sought through requests, forms, and blank fields
provided within the Platform (collectively, “Your Data”). You authorize PlanHub
to store Your Data and to send, share, and distribute Your Data, 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 understand that PlanHub will use this information 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.  For avoidance
of doubt, Your Data 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.

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

Phone: 3053568403

Email: jgovin@hg-law.com





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.

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.

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, REQUEST AND QUESTION. Please send any comments, request or questions
to www.planhub.com/contact.

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