Last updated February 26, 2021
PLEASE READ THESE TERMS AND CONDITIONS (“THESE TERMS”) CAREFULLY BEFORE USING THIS SITE
What's in these terms?
Who we are and how to contact us
is a site operated by Plentific Inc. ("we"). We are incorporated in the State of Delaware and have an address at 413 W 14th
St, Ground FL & Suite 200, New York, NY 10014.
We connect homebuyers, homeowners, and other individuals (“Customers”) and home professionals of all types (home professionals are referred to individually as "Contractor," collectively as "Contractors"). We help Customers discover properties, home projects, learn about project costs and select a Contractor based on characteristics that matter most to them. We help Contractors increase their online presence, showcase their work and connect with homeowners in need of their services (the “Service”).
To contact us, please email email@example.com
or write to us at 413 W 14th St Ground FL & Suite 200 New York, NY 10014
By using our site you accept these terms
THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THIS SITE. BY ACCESSING OR USING THIS SITE, YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THESE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.
There are other terms that may apply to you
- Our Customer Terms and Conditions, which sets out how Customers may use the Service (the “Customer Terms”).
- Our Contractor Terms and Conditions, which sets out how Contractors may use the Service (the “Contractor Terms”).
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. The date of our last update is set forth at the top of these terms. If you do not agree to any amendment, you must not use our site. Your continued use of our site constitutes your acceptance of the amended terms.
We may make changes to our site or Service
We may update and change our site from time to time to reflect changes to our Service, our users' needs and our business priorities. We reserve the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
We may suspend or withdraw our site
We do not charge you for looking at our site. You are responsible for paying all costs related to the transmission of data required to use the site (downloading, installing, launching, and using). We shall not be liable for fees charged by third parties.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Our site is only for users in the United States.
Our site is directed to people residing in the United States. We do not represent that content available on or through our site is appropriate for use or available in other locations.
You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
How you may use material on our site
We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it. This site and its contents are protected by copyright laws, treaties, and other intellectual property rights around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
The rights granted to you in these terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, or host, whether in whole or in part, any content displayed on this site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of this site; (c) you shall not access the site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets in this site or the Service are owned by us or our suppliers. Neither these terms, nor your access to this site or the use of the Service, transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited rights expressly set forth herein. We and our suppliers reserve all rights not expressly granted in these terms. There are no implied licenses granted under these terms.
Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
User-generated content is not approved by us
This website may include information and materials uploaded by other users of our site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. Each user of this site is solely responsible for their own User Content. You acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other users are solely between you and such users. You agree that we will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
If you wish to complain about information and materials uploaded by other users please contact us on email@example.com
Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, subject to the rights granted to us in the license below.
We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.
You are solely responsible for securing and backing up your content.
All content submitted to our site by you (or on your behalf), including without limitation, your name, biographical information and all other names, usernames, pseudonyms, text, likenesses, graphics, logos, marks, images, photographs, code, and all other information and material shall be called your "User Content" for short.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below).
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
Rights, permissions and waivers
You hereby grant to us and any of our group companies and affiliates a non-exclusive, perpetual, irrevocable, transferable, royalty-free licence (including full rights to sub-license) to use, reproduce, distribute, publicly display, perform, and publish your User Content (including, without limitation, the right to adapt, alter, amend, change, combine with other works, or prepare derivative works based upon, your User Content) in any media or format (whether known now or invented in the future) throughout the world without restriction.
You warrant, represent and undertake to us that all User Content you submit is your own work or that you have obtained all necessary rights and permissions of the relevant owner of the work and that you have all relevant rights in your User Content to enable you to grant the rights and permissions in this clause.
Where your User Content contains images of people or names or identifies individuals, you warrant, represent and undertake to us as follows:
- that all featured or identified individuals that are over the age of 18 and have expressly consented to their appearance in the User Content and to you submitting the User Content to our site, and
- where featured or identified individuals are under the age of 18, that you either:
- are the parent or legal guardian or such featured or identified individuals, or
- have obtained the express consent from a parent or legal guardian of such featured or identified individuals to their appearance in the User Content and to you submitting the User Content to our Website.
You hereby unconditionally and irrevocably waive and agree not to assert (or procure the same from any third party where applicable) any and all moral rights and any other similar rights and all right of publicity and privacy in any country in the world.
If you provide us with any feedback or suggestions regarding our site or the Service (“Feedback”), you hereby assign to us all rights in such Feedback and agree that we shall have the right to use and fully exploit such Feedback and related information in any manner we deem appropriate. We may treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.
These content standards apply to any and all material which you contribute to our site ( "contributions"), and to any interactive services associated with it.
You must comply with the spirit and the letter of the following standards. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held, where they state opinions (for example, Contractor reviews).
- Comply with applicable law in the United States and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark, or other intellectual property right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
- Upload any User Content which could be deemed to be unsolicited or unauthorised advertising, promotional material, junk mail, or spam (including without limitation chain letters, pyramid schemes or other forms of solicitation or advertisements, commercial or otherwise);
Suspension and termination
We will determine, in our discretion, whether there has been a breach of these terms through your use of our site. When a breach of these terms has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable costs and attorneys’ fees) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
You agree we shall not be liable for actions taken in response to breaches of the above acceptable use terms. The responses described above are not limited, and we may take any other action we deem appropriate. In particular, we may suspend or terminate your rights to use our site at any time for any reason at our sole discretion. You understand that any termination may involve permanent deletion of your User Content. We will not have any liability whatsoever to you for any termination of your rights under these terms or deletion of your User Content.
Ratings and reviews
The ratings and reviews on our site do not reflect or represent our opinions or representations. We do not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of our site or the materials contained therein.
Users of our site may not include any material that may point others to another company, location or entity both online and offline that provides similar services to Plentific. Plentific reserves the right to remove or withhold any such material at any time.
Upon giving a review or rating, you are confirming that the information you are providing is both truthful and precise. You will also be affirming that your review is not slanderous, adheres to these terms and is ultimately subject to our discretion. When you post a review you will also be acknowledging that the material you are sharing is completely your own and not in the likeness of anyone else. You cannot use the words or name of another person unless permitted to do so.
By leaving a review or rating, you are consenting to us using the material you have provided in any manner that we may require. We also cannot guarantee that we will post your review once it has been submitted to us. Moreover, we reserve the right (but have no obligation) to remove reviews and ratings in our sole discretion without warning or explanation.
All Contractors may receive a review or rating from a Customer after a job has been booked or completed through our site. We do not permit reviews or ratings from employees of the Contractor or any individuals that work in tandem with them. We also do not allow any reviews or ratings of the Contractor to be posted by their competitors.
Your Plentific account
By making an application to use the Service as a Customer or a Contractor, you agree and confirm:
- all the information you have provided is accurate and correct and you are the person whose details you have provided;
- you can enter into a legally binding agreement with us;
- you will only use the Service for the purposes as envisaged by these terms and the applicable Customer Terms or Contractor Terms;
- you have provided a current address, telephone number and e-mail address and will notify us immediately if your contact details change;
- in the case of an individual, you are 18 years of age or over and capable of taking responsibility for your own actions;
- in the case of a corporation, LLC, partnership, or other entity, you are duly authorized to act on its behalf; and
You must provide us with all information requested during the application process and comply with all our identification and anti-money laundering requirements (as applicable) to enable us to comply with all laws, regulations, rules and regulatory guidance applicable to the Service.
We reserve the right, in our sole discretion, to refuse to register you as a user of the Service for any reason.
When you register with us to use the Service you will be given a Plentific account (“Plentific Account”) and asked to set a password. If you submit a request for a job without registering with us, we will automatically create a Plentific Account for you with a randomly generated password which you will then have the option to amend via our site. You agree to keep any such password and Plentific Account details strictly confidential and you must not disclose them to any third party. You agree to protect them in the same way as you would details of your bank account or your bank cards. Any failure to do so shall be at your sole risk and expense.
You agree that we are entitled to assume all correspondence, orders, transfers and instructions made by reference to your password and account number are made by you. You agree to inform us immediately by e-mail and by telephone if you know or suspect that any of your account information or password has been compromised or are being misused so that we may suspend your account.
We have the right to disable any Plentific Account or password at any time in our sole discretion.
We do not charge Customers for using our site or the Service. Customers are responsible for paying all costs related to the transmission of data required to use our site and the Service (downloading, installing, launching, and using). We shall not be liable for fees charged by third parties.
As a Contractor, various fees may be payable to us for our role in providing and administering the Service. Details of such fees can be found in the Contractor Terms
We may waive or offer discounts on any of our fees to any person at any time in our sole and absolute discretion, taking into account any applicable legal obligations at all times.
We may change any of our fee rates from time to time at our sole discretion. We will give you at least 30 days' notice of any change in our fees in accordance with clause 3.9 of the Contractor Terms. Any such changes in fees will only affect provisions of services to Customers made on and after the date on which the change is stated to take effect.
All fees are exclusive of any applicable value added tax or other taxes, for which the person paying the relevant fee shall be liable.
We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and/or other applicable laws. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
Rules about linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our site in any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with all applicable laws and regulations, and the content standards set out in these terms.
THIS SITE AND THE SERVICE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THIS SITE AND THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THIS SITE OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THIS SITE AND THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR BUSINESS, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS AND THIS SITE AND THE SERVICE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law and Jurisdiction
These terms shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties agree the state and federal courts sitting in New York County shall have exclusive jurisdiction over any dispute arising out of or relating to these terms and the parties waive any objection based on venue or inconvenient forum.
We are located at the address set forth above. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
The communications between you and us use electronic means, whether you use the Service or send us emails, or whether we post notices on our site or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
If any provision of these terms is, for any reason, held to be invalid or unenforceable, the other provisions of these terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to us is that of an independent contractor, and neither party is an agent or partner of the other. These terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. We may freely assign these terms. The terms and conditions set forth in these terms shall be binding upon assignees.
Our trade mark
PLENTIFIC is a UK registered trade mark, and a trade mark protected by the laws of the United States. You are not permitted to use PLENTIFIC or any of our trade marks without our approval, unless it is part of material you are using as permitted under our press section
. We may withdraw our approval at any time.