Hire a Boat & Marine Professional Terms

These Hire a Boat Service Pro Terms are effective January 1, 2023.

  1. USING HIRE A BOAT SERVICES PROFESSIONAL

Ship2Mates is where boat parents connect with like-minded boaters and community businesses and services that matter most to them.

These Hire a Professional Terms (the “Hire a Boat Pro Terms”), in addition to the Member Agreement (the “Member Agreement,”), our Hire a Pro Guidelines on appropriate use of Hire a Pro and other policies, and, if you are a Pro, the Business Service Terms (the “Business Terms” and together with the Hire a Pro Terms and Member Agreement as applicable, the “Terms”), govern your rights and responsibilities related to your use of Ship2Mates’s Hire a Pro Service (“Hire a Pro”). We may use “you” and “your” to refer to any person accessing and using Hire a Pro, whether a Pro or Member. Capitalized words and other defined terms used but not defined in these Hire a Pro Terms have the meanings described in the Member Agreement or Business Terms.

If you accept these Hire a Pro Terms and use Hire a Pro on behalf of a company, partnership, organization, or other legal entity, you represent and warrant that you are authorized to do so and that you have the authority to bind such entity to these Hire a Pro Terms, in which case the words “you” and “your” as used in these Hire a Pro Terms shall refer to such entity. By accessing or using Hire a Pro, you represent and warrant that (i) you are at least eighteen (18) years old and (ii) capable of forming legally binding contracts under applicable law.

  1. HIRE A BOAT PRO JOBS

2.1           Overview

Hire a Pro is a marketplace that connects Members in need of professional services, such as plumbing, electric work, or general repair work (“Jobs”), with eligible providers of Jobs (“Pros”). Pros will use the admin tool on their Business Page to submit to Hire a Pro information about their businesses, the Jobs that they offer, their rates for such Jobs, and any licensing or regulatory information related thereto (“Profile”). Pros who include a license in their Profile are referred to herein as a “Licensed Pro.” Members interested in finding a Pro for a Job can use Hire a Pro to find and connect with Pros using tools provided by Ship2Mates, including without limitation the ability to message Pros and schedule appointments for Jobs (“Bookings”). Additionally, Pros may use Hire a Pro to issue and receive payment for invoices related to such Jobs (each, an “Invoice”). Members may use Hire a Pro to interact with Pros and solicit Jobs, as well as pay Invoices issued by such Pros. Members understand and agree that using Hire a Pro does not guarantee that they will find a Pro to provide any particular Jobs. SHIP2MATES IS NOT IN THE BUSINESS OF SOLICITING JOBS OR OTHER SIMILAR SERVICES OR PROVIDING JOBS OR OTHER SIMILAR SERVICES TO MEMBERS. All Jobs are provided by a Pro, who is solely responsible for the quality and outcome of such Jobs. If you are a Pro, you agree and warrant that all persons you use to provide Jobs are your agents and you accept full responsibility for their conduct. Ship2Mates is not liable for any loss or damage suffered by any user of Hire a Pro as a result of any Jobs.

2.2           Licensed Pros

Pros have the option to submit information to identify their professional licenses to Hire a Pro. Such information will be visible to Members of Hire a Pro when such Members navigate to your Profile. Having a license number included in a Pro Profile may confer certain benefits to a Pro, including without limitation the ability to submit Quotes and Invoices in excess of $500 or the amount set forth in our then-current policy. All information related to licenses is self-reported by Pros and Ship2Mates does not verify any such information. Pros are solely responsible for the information that they provide to Ship2Mates.

2.3           Accessing Hire a Pro

You can access and use Hire a Pro by accepting these Hire a Pro Terms and, if you are a Pro, by creating a Profile. You agree to provide accurate, current, and complete information at all times in connection with your use of Hire a Pro. You may be liable for the losses of Ship2Mates or any third party due to any unauthorized use of your Account.

2.4           Booking Jobs

Members may browse the Business Pages of Pros, identified through a Hire a Pro badge Profiles. If a Member wants to hire a Pro to provide Jobs, the Member may use Hire a Pro to contact the Pro through such Pro’s Profile. A Member’s request for a quote shall include information provided by the Member in connection with such request, including the Member’s windows of availability, the approximate location in which Jobs are to be provided, a description of the Jobs sought, and such Member’s phone number if provided by Member (“Booking Information”). A Pro who receives Booking Information from a Member may choose to submit a quote for such Jobs (“Quote”) or may decline to submit a Quote. The Quote will include the Pro’s hourly rate, the estimated time to complete such Jobs, the cost of any additional Supplies (as defined below) required for the Job, or such other pricing information as may be applicable to the services. Pros agree to issue Quotes in good faith. A Member may accept or decline a Quote. If the Member accepts the Quote, additional Booking Information, including the address at which Jobs are requested, will be shared with the Pro.

2.5           Providing and Receiving Jobs

At or before the time of a scheduled Booking, the Member will receive a code with which they can verify that the Pro has arrived to perform Jobs (“Job Code”). The Member or a person designated by the Member to act for the Member must provide the Pro with the Job Code prior to the commencement of the scheduled Job. The Pro will not be able to commence metering for a Job or send the Member an Invoice following the performance of the Job if the Member has not provided the Pro with the Job Code. If the Member does not arrive or designate another person to provide the Job Code within thirty (30) minutes of the time of the scheduled Booking, the Pro may cancel the Booking and the Member may be charged a Fee (as defined below) payable to the Pro in connection with such Booking. If the Pro does not arrive within one (1) hour of the time of the scheduled Booking, the Member may cancel the Booking and will not be charged any Fee.

2.6           Materials and Extra Supplies

Unless specified on a Quote, Pros are responsible for all tools, tooling, supplies or other materials necessary to perform Jobs (“Supplies”). If certain Jobs will require the purchase of certain Supplies or other materials the cost for which Members will be responsible, the Pro must include a detailed estimate of the costs associated with such Supplies in the Quote. A Member is responsible for reviewing and approving the costs of such Supplies before accepting the Quote. A Member may not dispute the cost of Supplies actually used in the Jobs if the Member prior approved the cost of such Supplies in the Quote. Costs for Supplies as agreed upon by the Member, whether such agreement is set forth in the Quote or otherwise in messages between the Member and the Pro, will be detailed in the final Invoice.

2.7           Cancelling a Booking

Either a Member or a Pro may cancel a Booking without penalty up to twenty-four (24) hours before such Booking is scheduled to begin. If the Member cancels a Booking less than twenty-four (24) hours before such Booking is scheduled to begin, the Member will be charged a Fee payable to the Pro in accordance with Hire a Pro’s then-current policy. If the Pro cancels a Booking less than twenty-four (24) hours before such Booking is scheduled to begin, is more than one hour late as set forth in Section 2.5 above, arrives unprepared to perform the Job(s), or otherwise violates any Ship2Mates Hire a Pro Guidelines, the Member will not be charged such Fee in connection with such Booking.

  1. LICENSE TO USE HIRE A PRO

3.1           License to Members

Subject to your compliance with these Hire a Pro Terms, Ship2Mates grants you as a Member a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Hire a Pro solely for your personal, non-commercial use. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Hire a Pro or any content contained therein, except as expressly permitted in these Hire a Pro Terms. Hire a Pro and any content therein are provided to you AS IS. No licenses or rights are granted to Members by implication or otherwise under any intellectual property rights owned or controlled by Ship2Mates or its licensors, except for the licenses and rights expressly granted in these Hire a Pro Terms.

3.2           License to Pros

Subject to your compliance with these Hire a Pro Terms, Ship2Mates grants you as a Pro a limited, non-exclusive, revocable, non-transferable, and non-sublicensable license to access and use Hire a Pro solely for your internal business use. Pros will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit Hire a Pro or any content contained therein, except as expressly permitted in these Terms. Hire a Pro and any content therein are provided to you AS IS. No licenses or rights are granted to Pros by implication or otherwise under any intellectual property rights owned or controlled by Ship2Mates or its licensors, except for the licenses and rights expressly granted in these Hire a Pro Terms.

  1. GUIDELINES; PROHIBITIONS

4.1           Community Guidelines and Hire a Pro Guidelines

These Terms include by reference our Community Guidelines and Hire a Pro Guidelines on appropriate use of Ship2Mates and Hire a Pro. All of our Community Guidelines apply to Content submitted on Ship2Mates, including submissions in Private Messages. We reserve the right to proactively moderate Content, although we expressly disclaim any obligation to do so, and we can remove Content, suspend, delete, or deactivate your Account, limit Account privileges, or otherwise refuse service to you, if you violate our Community Guidelines, Hire a Pro Guidelines, these Terms, or our other policies, or if you infringe intellectual property, or otherwise engage in behavior that we think may harm Ship2Mates or a Ship2Mates neighborhood.

4.2           Prohibited Conduct

When you use Hire a Pro, you agree that you will not, and you will not attempt to:

  • Use another person’s Account, misrepresent your identity, or misrepresent a project or other information in or in connection with your Booking Information;
  • Take any action that (a) interferes or attempts to interfere with the proper working of Hire a Pro; (b) evades or attempts to evade measures that are used to restrict access to Hire a Pro or any features thereof, including allowing a third party to use your Account; (c) circumvents, disables or otherwise interferes with security features of Hire a Pro; (d) uses Hire a Pro in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights; or (e) circumvents or attempts to circumvent or evades or attempts to evade the fee structure and Payment process set forth herein;
  • Collect, harvest, sell, or publish any personal information (including without limitation names or other account information) from Hire a Pro, or use the communication systems provided by Hire a Pro, for any reason not explicitly authorized by these Hire a Pro Terms;
  • Recruit, solicit, or contact in any form other Pros or Members for employment or any other use not specifically intended by Hire a Pro
  • Contact Pros or Members in connection with Jobs or engage in any other action designed to facilitate a transaction for Jobs outside of the Hire a Pro platform;
  • Take any actions in violation of applicable law or the Terms, including any action or inaction (including without limitation the submission of Member Content to or through Hire a Pro) that is discriminatory, or that would give rise to civil liability or violate any law, including any anti-discrimination law;
  • Solicit for a service not permitted by or made available through Hire a Pro;
  • Submit Member Content that negatively impacts the experience of any Pro or other Member including but not limited to offers to transact for any Job or any other service outside of Ship2Mates;
  • Take any action with the intent to influence the accuracy of our review or ratings system;
  • Engage in fraudulent conduct including but not limited to offering to use or soliciting Pros to accept other payment methods prohibited by Ship2Mates;
  • Request, negotiate a price for, book, use, or otherwise solicit a Job with no intention of following through with your use of or payment for such Job; or
  • Engage in any activity or conduct, whether online or offline, that is inconsistent with the purpose of Hire a Pro.

Ship2Mates reserves the right to remove you from Hire a Pro and prohibit your further use of Hire a Pro at any time, with or without notice, for any reason, including without limitation if Ship2Mates determines in its sole discretion that you are in breach of these Hire a Pro Terms.

  1. PAYMENTS AND FEES

5.1           Ship2Mates Fees

Ship2Mates may facilitate the payments, on behalf of Pros, of the fees for services invoiced by Pros to Members for Jobs offered and provided through Hire a Pro (“Payments”). Ship2Mates also reserves the right to charge Members and Pros certain fees in connection with the use of Hire a Pro, and to process any applicable fees payable from Members to Pros on behalf of the Pro (“Fees”). All such Fees will be disclosed to the party incurring such Fees at or prior to the time of the transaction in connection with which such Fees are or may be incurred.

5.2           Payments to Pros

Payments to Pros for Invoices issued for Jobs are processed on behalf of the Pro through our payment processing partner Stripe. Pros who receive payments for Invoices from Members through Hire a Pro must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. As a Pro, by agreeing to these Hire a Pro Terms or continuing to use Hire a Pro, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, Pros agree to provide Ship2Mates with accurate and complete information about you and your business, and you authorize Ship2Mates to share this information and transaction information related to your use of the payment processing services provided by Stripe. Ship2Mates shall have no liability in connection with a Pro’s failure to receive or access Payments as a result of such Pro’s failure to maintain (i) accurate or current information in connection with such Pro’s use of Hire a Pro; or (ii) access to such pro’s valid Stripe Connected Account. Pros shall receive or otherwise have access to funds received from Payments in accordance with our then-current policy

5.2.1       Payment for Jobs

Following the completion of Jobs, a Pro must submit an Invoice to the Member to whom such Jobs were provided. Only Licensed Pros can submit an Invoice to a Member for more than $500 or such other amount set forth in our then current policy. A Member must pay the Pro through the Hire a Pro Services by accepting the Invoice. If the Member fails to take action to accept the Invoice within the designated time period set forth in Hire-a-Pro’s then-current policy or on an Invoice, the Invoice will be deemed accepted and the Member hereby authorizes Ship2Mates to charge such Member’s payment method in the amount of such Invoice. If the Member disputes the Invoice within the designated time period set forth in Hire-a-Pro’s then-current policy, any disputed amount shall not be charged to the Member’s payment method, provided that, at the end of the Dispute Resolution (as defined below) process, Ship2Mates reserves the right to charge the Member’s payment method on behalf of the Pro for any outstanding amounts deemed owed to the Pro, in Ship2Mates’s sole discretion, for such Jobs.

5.2.2       Payment Methods

Ship2Mates may enable you to pay for any amounts owed in connection with Jobs (including our Fees) using credit cards, debit cards, or by any other payment method we support. We reserve the right to cancel or otherwise limit your ability to make Payments with one or more of the payment methods you have authorized in our sole and absolute discretion. When you use Hire a Pro, you agree to pay all amounts owed by you to the Pro when due in accordance with Section 5.2.1 using your preferred payment method. You also agree and understand that you must identify in advance a preferred payment method and authorize us to charge this payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to-date, accurate and complete. Do not share your payment card or other financial information with any other person or entity. We take steps to secure all payment information and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

5.3           Failure to Make Payments.

If you fail to make any Payments you owe for Invoices when due, or if Ship2Mates is unable to charge one of your payment methods for any reason, the Pro who issued you any such outstanding Invoice reserves all rights permissible under law to recover such amounts and all costs and expenses incurred, including reasonable attorneys’ fees, in pursuit of full payment. You explicitly agree that all communication in relation to delinquent accounts or overdue amounts will be made by electronic mail or by phone. Such communication may be made by the Pro to which such payment is due, or by anyone on such Pros behalf, including but not limited to a third-party collections agent. Without limiting the foregoing, Ship2Mates reserves the right to compensate the Pro for any unpaid Invoice and, in the event that Ship2Mates does so or otherwise, to establish a negative balance on the Member’s account payable to Ship2Mates as a condition of continuing to use Hire a Pro services.

 

5.4           Holds.

Ship2Mates may, from time to time, place an authorization hold on your preferred payment method. Any such hold will be temporary and will not mature into a charge on your payment method. Payment method holds are intended to prevent failed charges for any amounts to be paid.

5.5           Taxes.

Payments required in connection with Hire a Pro may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “Taxes”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, or use of Hire a Pro, and you shall be responsible for and bear any such Taxes. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Ship2Mates can determine your appropriate jurisdiction for tax purposes however it deems appropriate, or as required by law, and you agree to pay Taxes to Ship2Mates, as applicable. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Pros or Members.

  1. HIRE A PRO DISPUTES

6.1           Payment Disputes

All requests relating to errors, claims, requests for refunds and any other payment-related disputes (“Payment Disputes”) will be subject to review by Ship2Mates in accordance with any applicable rules relating to the payment method you used to make the disputed payment (“Dispute Resolution”) as well as any applicable Payment Disputes policies and procedures Dispute Resolution will be in Ship2Mates’s absolute discretion. Ship2Mates is not liable to Members or Pros under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process your valid Payment Dispute request within thirty (30) days after we receive it, unless otherwise required by law. You may file a Payment Dispute by emailing it to Ship2Mates support at hireaboatpro@Ship2Mates.com. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to facilitate payment to you of any amounts you are owed. We will attempt to reimburse or refund to you any disputed amounts you are owed based on a payment that we have facilitated on your behalf by using the payment method with which you made the disputed Payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been cancelled.

If your actions result, or are likely to result in a Payment Dispute, a violation of any of our Terms or create other risks to Ship2Mates or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may and you authorize us to, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

6.2           Disputes between Members and Pros

We understand that occasionally disputes may arise between or among our Members (including Pros), and we hope that such Members can resolve those disputes independently. Ship2Mates may inform a Pro if we have received a complaint about their Jobs, but Ship2Mates is under no obligation to resolve such dispute between a Member and a Pro. You acknowledge and agree that Ship2Mates is under no obligation to become involved in or impose resolution in any dispute between or among users or any third party.

  1. TRACKING COMMUNICATIONS

In order to exercise its rights and to enforce these Hire a Pro Terms, Ship2Mates may monitor your communications and activity on the Ship2Mates platform. Ship2Mates may also track the occurrence of communications between Members and Pros that occur off of Hire a Pro, whether initiated by a Member or Pro. In order to track such communications, Ship2Mates may take steps including without limitation (i) obscuring contact information in a Pro profile, (ii) replacing contact information in a Pro profile with functions that forward such communication to the Pro, or (iii) take any other step reasonably calculated to track the occurrence of such communications.

  1. SPONSORED INFORMATION

Pros may be able to engage in paid promotion of their Jobs and therefore rank higher in Hire a Pro search results. Any such Pros will be clearly designated as such in applicable search results. Ship2Mates may impose certain quality-related standards for Pros to engage in such paid promotion, which standards may be enforced and/or changed at any time in Ship2Mates’s sole discretion.

  1. NO ENDORSEMENT

Ship2Mates does not endorse any Member, Pro, or any Jobs, and Ship2Mates is not a party to any agreements between or among users, Members, or third parties. With the limited exception of the appointment of Ship2Mates as limited payments agent, to the extent applicable, as set forth in Section 13.5 below, no agency, partnership, joint venture, or employment is created as a result of the Hire a Pro Terms or any Pro’s or Member’s use of any part of Hire a Pro, including but not limited to any scheduling or other services. Neither Ship2Mates nor any Members or Pros may direct or control the day-to-day activities of the other, or create or assume any obligation on behalf of the other. Ship2Mates does not investigate nor make any representations about, confirm, or endorse any user or their purported identity or background, regardless of the specific Ship2Mates services they are using or any involvement by Ship2Mates personnel in providing or scheduling those services.

Any reference to the status of a Pro as being licensed or credentialed in some manner indicates only that the Pro has represented that the Pro has such license or credential, and does not represent anything else, including without limitation that Ship2Mates has verified such license or credentials. Any such description is not an endorsement, certification or guarantee by Ship2Mates and is not verification of such Pro’s status or credentials, nor whether such Pro or their Jobs are licensed, insured, trustworthy, safe or suitable. You should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other person. Except as specifically described herein, Ship2Mates has no responsibility for any damage or harm resulting from your interactions with other users.

By using Hire a Pro, you understand and agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be limited to a claim against those particular users or other third parties. You agree not to attempt to impose liability on or seek any legal remedy from Ship2Mates with respect to such actions or omissions.

  1. ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your access to Hire a Pro, in whole or in part. You will not be entitled to any compensation for Hire a Pro services or Jobs cancelled or delayed as a result of such termination. You may cancel your use of Hire a Pro at any time by following the instructions in the service.

  1. DISCLAIMERS

YOUR USE OF HIRE A PRO, JOBS, OR ANY CONTENT AVAILABLE THROUGH HIRE A PRO SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SHIP2MATES DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW ACTIVITY ON HIRE A PRO; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER. HIRE A PRO IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SHIP2MATES AND ITS PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH HIRE A PRO OR THE JOBS OFFERED ON OR THROUGH HIRE A PRO; AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON HIRE A PRO. SHIP2MATES MAKES NO WARRANTY THAT HIRE A PRO OR JOBS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SHIP2MATES ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF HIRE A PRO. SHIP2MATES SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR JOBS, TRANSMITTED, OR MADE AVAILABLE VIA HIRE A PRO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SHIP2MATES OR THROUGH HIRE A PRO, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF HIRE A PRO AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF HIRE A PRO, INCLUDING BUT NOT LIMITED TO ANY MEMBERS, PROS OR RECIPIENTS OF JOBS. YOU UNDERSTAND THAT SHIP2MATES DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF HIRE A PRO OR TO REVIEW OR VET ANY JOBS. SHIP2MATES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF HIRE A PRO OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF HIRE A PRO. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF HIRE A PRO AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF HIRE A PRO, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE JOBS. SHIP2MATES EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY MEMBERS, PROS, OR THIRD PARTIES.

  1. LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF HIRE A PRO, YOUR OFFERING OR PROVIDING JOBS OR REQUESTING OR RECEIVING JOBS THROUGH HIRE A PRO, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF SHIP2MATES OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. NEITHER SHIP2MATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING HIRE A PRO WILL BE LIABLE (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SHIP2MATES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE) FOR: (A) ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL; (B) SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE; (C) THE COST OF SUBSTITUTE PRODUCTS OR SERVICES; (D) ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF HIRE A PRO OR THESE HIRE A PRO TERMS; (E) THE USE OF OR INABILITY TO USE HIRE A BOAT PRO; (F) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF HIRE A BOAT PRO OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF HIRE A BOAT PRO; OR (G) YOUR OFFERING OR PROVIDING JOBS OR REQUESTING OR RECEIVING JOBS THROUGH HIRE A PRO.

IN NO EVENT SHALL THE TOTAL, AGGREGATE LIABILITY OF SHIP2MATES AND ITS PARENTS, SUBSIDIARIES, AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE HIRE A PRO TERMS, PLATFORM, OR JOBS, OR FROM THE USE OF OR INABILITY TO USE HIRE A PRO OR IN CONNECTION WITH ANY JOBS OR INTERACTIONS WITH ANY OTHER USERS EXCEED THE GREATER OF (i) THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO SHIP2MATES BY YOU HEREUNDER, OR (ii) ONE HUNDRED US DOLLARS IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE.

  1. ADDITIONAL TERMS APPLICABLE TO PROS

13.1         By registering for Hire a Pro or using Hire a Pro to offer, post, or provide Jobs, you represent and warrant that you, and any employees, agents, contractors, and subcontractors who may perform work for you pursuant to Hire a Pro, are properly and fully qualified and experienced, and licensed, certified, bonded, and insured, as required by all applicable laws, regulations, rules and standards for professional conduct to which you are or may be subject in the jurisdiction(s) in which you offer Jobs and in relation to the specific Jobs you are offering.

13.2         When you register as a Pro, you agree that:

  • Ship2Mates is not in the business of requesting, ordering, booking, or paying for Jobs.
  • Your use of Hire a Pro does not guarantee that anyone will engage you for Jobs.
  • You are a customer of Ship2Mates. Neither these Hire a Pro Terms nor your performance of any Jobs shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee, between you and Ship2Mates. You shall be solely responsible for all tax withholding, Social Security, Worker’s Compensation Insurance, FICA, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pensions, and other obligations or benefits.
  • You acknowledge that you set or confirm your own prices, provide your own supplies and/or equipment, and determine your own work schedule. Ship2Mates does not control, and has no right to control, the Jobs you provide, including without limitation the manner in which you provide such Jobs, or whether you are engaged by a Member or any other person to provide such Jobs. You further affirm and represent that you are self-employed, maintain and operate a business that is separate and independent from Ship2Mates, hold yourself out to the public as independently comboatent and available to provide the applicable Jobs, and have obtained and/or expect to obtain clients for whom you perform Jobs through other means other than Ship2Mates.
  • Data Protection. You will ensure (and you are solely responsible for ensuring) that (i) your collection, use and disclosure of information about a Member, user, or other identifiable natural person or household (“Personal Information”) that you collect or receive in connection with your use of the Business Services or Hire a Pro Service complies with Applicable Laws, including, without limitation, those pertaining to privacy, data security, data protection and direct marketing, (ii) you have given all notices to, and obtained all consents from, any individuals to whom such Personal Information pertains as may be required by Applicable Laws for your collection, use and disclosure of such Personal Information, (iii) reasonable technical and organizational safeguards are employed to protect the confidentiality and security of such Personal Information, (iv) if you collect information directly from Members, you make clear that you (and not Ship2Mates) are collecting it, (v) you do not use Personal Information obtained through a prompt or request on your Business Page or on or through the Hire a Pro Service except for the purpose explained by such prompt or request, unless you have the relevant individuals’ explicit consent to use the information for another purpose, and (vi) with respect to Personal Information that constitutes “personal information” under the California Consumer Privacy Act (“CCPA”), Cal. Civ. Code, §§ 1798.100 et. seq., as amended, you will not “sell” (as defined in the CCPA) any such Personal Information. You represent and warrant that if you provide Ship2Mates with any Personal Information, you have given all notices, and obtained all rights and consents, as are necessary under Applicable Laws or otherwise to disclose such Personal Information to Ship2Mates and for Ship2Mates to use it as described in our Privacy Policy.

13.3         Restricted Activities. As a Pro, you agree that you will not, and you will not attempt to:

  • Misrepresent yourself, the Jobs offered by you through Hire a Pro, your identity or qualifications, or any other information provided by you in your Profile, a Quote, or otherwise through Hire a Pro;
  • Advertise or otherwise offer to provide a Job that (a) is not in industries or categories of work supported by Ship2Mates; (b) provides directories or referrals; (c) offers lending, credit counseling, or other money services; (d) offers rental space or other real estate services; (e) promotes events (such as a party or professional convention); (f) comboates with the business of Ship2Mates; (g) is based outside the United States; (h) promotes or offers Ponzi schemes, pyramid schemes, affiliate marketing, discount cards, or online surveys or contests; (i) knowingly offers a Job not reasonably available to a Member or other individual in that Member or individual’s location; (j) offers Members prizes, bonuses, or giveaways in connection with a Job; or (k) offers goods for sale and not professional services.
  • Submit Content that negatively impacts the experience of any Member, including without limitation (a) requests to download third-party mobile applications or to transact through third-party services not offered by Ship2Mates, or (b) using a Profile to promote services not offered on or through Hire a Pro;
  • Fail to perform Jobs which you have committed to perform, unless the Member or other individual materially fails to meet the terms of the agreement for the Jobs or refuses to pay; or
  • Contract to perform a Job with no intention of performing such Job;

Ship2Mates reserves the right to permanently remove you from Hire a Pro and prohibit your further use of Hire a Pro at any time, with or without notice, for any reason, including without limitation if Ship2Mates determines in its sole discretion that you are in breach of this Section 13.3.

13.4         Promotion Fees

Pros may be able to pay Fees to Ship2Mates in order to receive certain other services on Hire a Pro. Fees for additional products or services, including ongoing products or services, will be presented to you before you use such products or services.

13.5         Appointment as Limited Payments Agent.

To the extent applicable, you hereby appoint Ship2Mates as your limited payments agent for the sole purpose of receiving, holding and settling payments to you of any Invoice paid to you by a Member for Jobs provided through Hire a Pro. Ship2Mates or its third party payment processor will settle payments that are actually or constructively received by Ship2Mates to you, less any fees or other amounts owed to Ship2Mates, including fees and other obligations, and subject to these Terms. You agree that a payment actually or constructively received by Ship2Mates, on your behalf, satisfies the Member’s obligation in the amount of the payment, regardless of whether Ship2Mates or its third party payment processor actually settles such payment to you. If Ship2Mates or its third party payment processor does not settle any such payments for Invoices due to you as described in these Terms, you will have recourse only against Ship2Mates or the third party payment processor, to the extent applicable, and not the Member, as payment is deemed made by Member to you upon constructive or actual receipt of funds by Ship2Mates or its third party payment processor.

  1. INDEMNIFICATION AND RELEASE

You (as either a Member or Pro) agree to release, defend, indemnify, and hold Ship2Mates and its parents, subsidiaries, and other affiliates, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Hire a Pro Terms; (b) your Member Content; (c) your interaction with any Member or Pro; and (d) the request or receipt or offer or provision of Jobs by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with any Jobs.

 

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