Plow Pros – Terms of Use

Welcome to Plow Pros, a platform that connects independent snow plow operators  ("Contractors") with users seeking on-demand snow removal services ("Users"). By accessing or  using the Plow Pros app and/or website you agree to be bound by the following Terms of Use. If you do not  agree to these Terms, please do not use the service. 

1. Services Provided 

Plow Pros connects Users with independent Contractors for snow removal services. Plow Pros does not provide the snow removal service itself but facilitates communication between the User and the Contractor. By using this service, you acknowledge that the Contractor, not Plow Pros, is responsible for performing the service and for any issues arising from it. Service availability is not guaranteed and may vary due to weather, demand, equipment availability, or Contractor acceptance. 

2. Independent Contractor Relationship 

All Contractors are independent third-party service providers and are not employees or agents of Plow Pros. Plow Pros is not liable for any damages, injuries, death, or losses resulting from the actions of the Contractors. 

3. Use of the Plow Pros Platform 

You are prohibited from using any automated methods, such as "deep-links," "web scrapers," "robots," or any other programs or techniques, whether automated or manual, to access, collect, copy, or monitor any part of the Plow Pros platform or its content.  Attempting to reproduce or bypass the navigational structure or display of the platform is not allowed. Plow Pros reserves the right to prevent any such activities. 

Unauthorized access attempts to any area or feature of the platform, or to any connected systems or networks, are strictly prohibited. This includes actions like hacking, password "mining," or other illegitimate means. 

You must not probe, scan, or test the security of the platform or any networks connected to it, nor may you violate security measures or authentication protocols in place.  Additionally, you may not attempt to track or gather information on any other user or visitor to the platform or any Plow Pros customer, including information associated with accounts not owned by you. Exploiting the platform or any service provided by it to reveal information, such as personal identification data unrelated to your own, is forbidden. 

You agree not to engage in any activities that would place an unreasonable burden on the infrastructure of the platform or on Plow Pros’ systems and networks, or any connected networks. 

Interference with the normal operation of the platform, or with any transactions occurring on the platform or with other users' experiences, is strictly prohibited.

You may not forge or manipulate any identifiers in a way that disguises the origin of any communications sent to Plow Pros through the platform. Impersonation of another individual or entity is not allowed. 

The platform and its content must not be used for any unlawful activities or purposes that violate these Terms of Use, nor should it be used to solicit illegal actions or any activities that infringe upon the rights of Plow Pros or any third parties. 

You agree not to misuse the App in any way, including but not limited to: 

• Impersonating another individual or entity. 

• Interfering with the service, including through the use of viruses, bots, or other disruptive technologies. 

• Engaging in fraudulent activities or violating any local, state, or federal laws. 

4. Pricing and Payments 

Plow Pros facilitates the payment for services rendered by the Contractors. You agree that payment for services will be processed through the Plow Pros platform. Prices are subject to change based on market conditions. All transactions are final, and Users are responsible for ensuring that payment information is accurate and up to date. Fraudulent chargebacks may result in account termination, collections activity, and legal action.  

5. Operator Standards 

While Plow Pros does not control Operators, we strive to maintain a network of service providers. Users are encouraged to rate and review Operators after services are completed. Repeated complaints or poor performance from an Operator may result in their removal from the platform. 

6. Insurance and Liability 

Contractors must maintain adequate insurance required by applicable law for their vehicles and services. Users and Contractors agree that Plow Pros is not liable for any damages, injuries, death, or losses incurred during the course of the snow plowing service. Users acknowledge that Plow Pros is merely a platform provider and is not responsible for the quality, safety, or timeliness of services provided by Contractors. Contractors must provide valid Certificates of Insurance (COIs) and applicable endorsements upon request.  Failure to maintain or provide required insurance may result in immediate suspension or termination of Platform access.  

7. User Responsibilities 

As a User, you specifically agree to:  

• Provide accurate information when using the app and acknowledge that any false or misleading information may result in termination of their account. Users are responsible for all activities that occur under their account. 

• Provide accurate information when requesting services, including your address, contact details, and any special instructions. 

• Ensure that your driveway, parking lot, or other designated snow removal area is free of hazards that could cause injury to the Operator or damage to their equipment.

• Understand that weather conditions may affect the ability of Operators to provide services promptly and that Plow Pros does not guarantee availability at all times. 

8. Disputes/Arbitration Agreement 

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIM. In order to expedite and control the cost of litigation, you agree that any legal or equitable dispute arising out of or relating in any way to your use of any products and services subject to this Agreement will be resolved by binding arbitration. 

Any dispute or claim relating in any way to the use, sale or distribution of Our Licensed Material or Services, will be resolved by binding arbitration rather than in a Court of Law, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement. Arbitration shall take place in Anchorage, Alaska, and under the Commercial Rules of the American Arbitration Association (“AAA”) and using a single arbitrator from the AAA roster. 

Any dispute or claim against Plow Pros arising out of the use of the Plow Pros App or the terms of this Agreement must be brought within one (1) year from the date of accrual or it will be deemed waived forever. This provision may shorten the statute of limitations in your jurisdiction, so please take notice. 

You waive any right to assert any claims against Plow Pros as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are  permitted by law or court of law to proceed with a class or representative action against  the other, you agree that: (i) you shall not be entitled to recover attorney’s fees or costs  associated with pursuing the class or representative action (notwithstanding any other  provision in this Agreement); and (ii) you will not submit a claim or otherwise  participate in any recovery secured through the class or representative action. 

9. Governing Law 

These Terms are governed by the laws of the State of Alaska, without regard to its conflict of law provisions. 

10. No Third-Party Beneficiaries 

This Agreement is for the sole benefit of Plow Pros and User and our respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these terms. 

11. Severability 

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

12. Entire Agreement 

These Terms constitute the entire agreement between you and Plow Pros, superseding any prior agreements or communications. 

13. Electronic Communications 

By using the service, you consent to receive communications from Plow Pros electronically. Communications may include emails, in-app notifications, or posted notices. 

14. Termination of Access 

Plow Pros reserves the right to terminate or suspend your account at any time if you violate these Terms or at any other time deemed reasonable by Plow Pros. Users may terminate their account at any time by following the instructions provided in the app. 

15. Indemnification 

You agree to indemnify and hold harmless Plow Pros from any claims, damages, liabilities, costs, or expenses, including reasonable legal fees, arising from your use of the service or violation of these Terms. 

16. Force Majeure 

Plow Pros is not responsible for delays or failure to fulfill its obligations due to events beyond its control, including but not limited to acts of nature, war, terrorism, labor shortages, or government regulations. 

17. Changes to the Terms  

You agree that Plow Pros may make changes to the terms of this Agreement from time to time. If Plow Pros considers the changes to be material, you will be notified of such changes through the Services or User Account Owner or by posting a notice or new version of this Agreement to the website or such other manner as we reasonably deem to be likely to reach User.

User’s continued use of the Licensed Materials or Services following the posting of the updated Agreement or notice of the changes constitutes your acceptance of the updated Agreement or such changes. If you do not agree with the changes or the updated Agreement, you should stop using the Licensed Materials and Services. 

18. App Updates and Service Modifications 

Plow Pros may, from time to time, release updates to the App to improve functionality or address security concerns. Users are responsible for keeping the App up to date. We also reserve the right to modify or discontinue any part of the service at any time without notice.

19. Claims of Copyright Infringement 

Claims of copyright infringement should be sent to Plow Pros’ designated agent. Please visit Plow Pros’ website for the designated address and additional information.

20. Notice 

Plow Pros may give notice by means of a general notice on the Services, via the app, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Plow Pros by written communication to Plow Pros' designated agent. Please visit Plow Pros’ website for the designated address and additional information. 

21. Assignment 

You may not assign or transfer these Terms in whole or in part without Plow Pros’ prior written approval. You give your approval to Plow Pros for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Plow Pros’ equity, business, or assets; or (iii) a successor by merger. No joint venture, partnership, employment, or agency relationship exists between you, Plow Pros, or any Third Party Provider as a result of the contract between you and Plow Pros or use of the Services. 

If any provision of these Terms is held to be illegal, invalid, or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity, and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid, or unenforceable provision or part thereof with a provision or part thereof that is legal, valid, and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid, or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replace and supersede all prior or contemporaneous agreements or undertakings regarding such subject matter.  In these Terms, the words “including” and “include” mean “including, but not limited to.”  

22. Waiver:  

Our failure to enforce any of the terms and conditions under this Agreement or to insist upon strict compliance with any of Users obligations hereunder shall not mean We have waived Our rights to demand full and exact compliance with the terms of this Agreement. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

23. Additional terms:

Account Registration / Age. Users and Contractors must provide accurate, current, and complete registration information. You must be at least 18 years old to use the Platform. 

Data Collection & Information Sharing. Plow Pros may collect Platform data and share information with insurers, claims processors, legal counsel, or authorities when necessary.

Warranty Disclaimer.  Plow Pros disclaims all warranties, express or implied.