Terms & Conditions

Last Updated: June 27th, 2016

1. Who We Are and What We Do.

Markate is an online forum which provides reviews and information relating to local service professionals. The Site contains information for its users including names of available service professionals, contact information for the service professionals, services offered by those service professionals, and user reviews of the service professionals’ prior work (when available).

2. Access to the Site.

This Agreement grants you a limited, revocable, nonexclusive license to access the Site for your own personal use. You may not sub-license your rights to a third party, and this license does not extend to any collection, aggregation, copying, duplication, display or derivative use of the Site nor any use of data mining or similar data gathering and extraction tools for any purpose unless expressly permitted by Markate. A limited exception is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to this Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.

From time to time the Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Markate may undertake from time to time; or (iii) causes beyond the control of Markate or which are not reasonably foreseeable by Markate.

3. Limited Warranty/Disclaimer of Liability.

The Site is intended to serve as a forum for service professionals to advertise and market their services to consumers. The Site offers service professionals and consumers the opportunity to engage with one another both on and off the web. In the event that the consumer engages a service professional found on the Site, even if the service professional and consumer use Markate’s SafePay feature, the contractual relationship is between the service professional and the consumer. Markate is not a party to the service agreement.

Markate makes no representations or warranties as to the quality of services offered by any Contractor listed on the Site, or the qualifications of any Contractor listed on the Site.

As a consumer, you should do your own independent investigation of the service professionals listed on the Site, including confirming that they are licensed, obtaining references, and research using other websites.

SERVICES OFFERED VIA THE SITE ARE OFFERED AND PROVIDED BY THIRD PARTIES, NOT Markate. YOU AGREE THAT USE OF ANY SUCH OTHER SERVICES IS SOLELY AT YOUR OWN RISK. IN NO EVENT SHALL Markate BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH A USER’S RETENTION OF OR PAYMENT FOR A SERVICE OR APPOINTMENT MADE THROUGH THE SITE, OR THE PERFORMANCE OR NON-PERFORMANCE OF ANY PROVIDER IN CONNECTION WITH THE SERVICES. IN ADDITION, ALL USERS SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING USERS TO THE SITE BY REFERRAL, LINK OR ANY OTHER MEANS IS NOT LIABLE TO THE USER FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES, THE SITE OR ANY CONTENT ON THE SITE. Markate IS NEITHER AN AGENT OF NOR IS CONNECTED WITH ANY PROVIDER WITH WHICH A USER HAS MADE A SERVICE APPOINTMENT OR OTHER CONTACT WITH, OTHER THAN AS THE PROVIDERS OF THE SERVICES PROVIDED ON THE SITE. WITHOUT LIMITING ANYTHING HEREIN, Markate DISCLAIMS ALL WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO ANY SERVICES OFFERED VIA THE SITE.

This site and its contents are provided "as is" without warranties of any kind, whether express or implied, including without limitation any warranty as to the accuracy, availability, completeness, reliability, title, currency or content of any information or material provided by or through this site, and the implied warranties of merchantability or fitness for a particular purpose. Your use of our site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of the site, and that Markate shall not be liable for any damages of any kind related to your use of the site.

IN NO EVENT SHALL Markate, OR ANY DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OR OPERATOR OF Markate, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (V) ANY VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

4. Eligibility and Responsibility of Account.

To post to the Site, you must create an account on the Site. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, whether expressly authorized by you or not. You are responsible for keeping your account password secure. You may change your password at any time by updating your Account Profile. In addition, you agree to immediately notify Markate of any unauthorized use of your password or account or any other breach of security. Markate cannot and will not be liable for any loss or damage arising from your failure to comply with this Section or to secure your account and password, including but not limited to selecting a password that is easily compromised. You are not allowed to use another customer’s account without that customer’s permission. Unless previously notified otherwise, we will assume that anyone visiting our Site with a correct account and password combination is an authorized user of that account.

To create an account on the Site, you must be at least eighteen (18) years of age. If you are under 18 years of age, you must obtain parental consent before creating an account on the Site.

By posting to the Site, you represent that you possess the capacity to enter into a binding contract and are not a person barred by any laws from using our Site, or that you have received permission from a parent or legal guardian to post to the Site. You agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we have reason to suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated this Agreement, your account will be subject to suspension or termination, in our sole discretion, and you may be barred from using the Site.

If you are a service professional, you agree to only offer services that you are properly licensed to provide.

5. Modification of Terms of Use/ Modification of Website.

We reserve the right to change this Agreement at any time. We will announce any changes by posting a revised draft of this Agreement on the Site. You can determine when this Agreement was last revised by referring to the “Last Updated” information contained herein. If a change is, in our sole discretion, material, we will notify you of the change if you are an active subscriber. By continuing to use the Site following such changes, you will be deemed to have agreed to such changes. You agree to review this Agreement periodically to be aware of any such changes. Your use of certain services on the Site may be governed by additional rules, which will be available on the Site. By using any service you acknowledge that you have reviewed all rules for the service in question and agree to be bound by them.

We also reserve the right, at any time, to: change or discontinue any content or feature of the Site or any services or products made available through the Site without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or of any service, content, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.

From time to time, in our sole and absolute discretion, without any notice or liability to you, we may change, move or delete portions or features of the Site, or we may add new areas or features to the Site. We may introduce a new service and the fees for that service are effective as of the date that service becomes available on the Site.

6. Site Conduct.

The Site is intended to be used for lawful purposes only. If you create an account, you may be given the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. We reserve the right, but we do not have the obligation to remove any content posted on our site for any reason. Decisions as to whether content violates our standards will be made in our sole discretion after we have actual notice of such posting. Without limiting our rights hereunder, we have attempted to provide guidelines to those posting on our site. When using the Site:

6.1 You may not post or transmit any material or content on or through the Site:

  1. that violates or infringes in any way upon the rights of others;
  2. that discloses private personally identifying information of another person that could lead to identity theft;
  3. that discloses confidential, proprietary information or trade secrets;
  4. that solicits, encourages, or promotes the use of illegal substances or activities;
  5. which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, constitutes invasion of privacy or publicity rights, is fraudulent or tortuous, vulgar, obscene, pornographic, bigoted or hateful, intimidating, profane, scandalous, pornographic, indecent or otherwise objectionable;
  6. that is protected by the copyright, trademark, trade secret or any other proprietary rights of anyone other than you;
  7. that expresses or implies that any statements you make are endorsed by us, without our prior written consent; or
  8. that gives rise to civil or criminal liability, encourages conduct that constitutes a criminal offense or otherwise violates any local, state, or federal law.

6.2 You may not post or transmit on or through the Site:

  1. software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
  2. chain letters; mass mailings; spam mail;
  3. any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.

6.3 You may not:

  1. offer any services on the Site that you are not properly licensed to perform;
  2. misrepresent who you are or impersonate another person;
  3. engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site such as “hacking,” “hijacking,” “cracking,” “spoofing,” or defacing any portion of the Site;
  4. harvest or collect information about Site visitors or Registered Users without their express consent;
  5. use the Site to defame, abuse, stalk, threaten or otherwise violate the legal rights of others or for any fraudulent purpose;
  6. reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any film or portion of a film on the Site or any portion of, use of, or access to the Site;
  7. create a database by systematically downloading and storing Site content;
  8. frame or mirror any part of the Site without our prior written consent;
  9. interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies or regulations of such networks.

7. User Comments, Feedback and other Submissions.

By submitting, disclosing, posting, transmitting or uploading any messages or data to the Site, you warrant and represent that you are the owner of those communications or that you have all rights necessary to submit, disclose, post, upload, transmit and otherwise use any such communications for your intended purpose. By posting information or content to the Site, you grant, and you represent and warrant that you have the right to grant, and that you do grant to Markate an irrevocable, perpetual, fully-paid, worldwide non-exclusive license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If you do not agree to this license, do not post on the Site.

We may not be able to review all materials posted to the Site by users and we are not responsible for any materials posted by users. We reserve the right at all times to disclose any information necessary to satisfy any law, regulation, government request or court order to edit, refuse to post or to remove information or materials in whole or in part, that are the subject of a complaint or a report of abuse or that in our sole discretion are objectionable or in violation of this Agreement or as otherwise required by law or court order.

8. Copyrights, Trademarks and other Intellectual Property Rights.

All materials, including images, illustrations, designs, icons, photographs, text, software, graphics, videos, music and sound that are part of the Site are protected by U.S. and state copyright laws, international treaties and other intellectual property laws. All copyrighted or trademarked material or other intellectual property used on the Site is owned by us or others who have given us permission to use their protected intellectual property. The Site as a whole is also protected by copyright law and is owned by us.

The materials on the Site, and the Site as a whole, are intended solely for your personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works of, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the intellectual property on the Site, the Site as a whole, or any related software without the prior written permission of Markate or the owner of that intellectual property. Further, you may not frame any of the Site content, deep-link to the Site, trespass or scrape the Site with automated agents without prior written consent of Markate.

9. Third-Party Content.

The Site may contain content supplied by parties other than Markate. Any advertisements, solicitations, opinions, advice, judgments, statements or other information or content expressed or made available by such third parties, are those of the respective author(s) and not of Markate. Markate makes no guarantees as to the accuracy, completeness or usefulness of any content or service provided, nor its merchantability or fitness for a particular purpose.

Markate is not responsible for the actions or inactions of any users of the Site, including the actions or inactions of any service professional listed on the Site.

10. Indemnification.

You agree to indemnify, defend and hold harmless Markate and its directors, officers, employees, agents and shareholders, and defend any action brought against us or them with respect to any claim, demand, cause of action, debt or liability, including but not limited to reasonable costs and attorneys’ fees, arising out of the use of the Site, or the violation of any of the provisions of this Agreement, by you or anyone accessing our Site under your account.

11. Governing Law and Jurisdiction.

This Agreement is entered into in the State of Arizona and is governed by the laws of the State of Arizona and by the federal laws of the United States, without reference to conflict of laws principles. You agree to the exclusive jurisdiction of the state and federal courts in Arizona to adjudicate any dispute arising out of or relating to this Agreement or your use of our Site. You also expressly consent to the personal jurisdiction of the state and federal courts in Arizona for any such action.

12. General Provisions.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be stricken from this Agreement and the remaining provisions shall be enforced. Our failure to act with respect to any breach of this Agreement by you is not a waiver of our right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or your rights hereunder, and any attempt to do so is void. Markate shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond its control. You must comply with all applicable laws and regulations relating to your access to and use of the Site. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof and supersedes any prior understandings or agreements with respect to such subject matter.

13. Termination / Cancellation.

Markate may terminate your use of the Site, including without limitation, your account with the Site, at any time, in our sole discretion. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice.

14. Links to Other Sites.

For your convenience, Markate may provide links on the Site to websites that are not operated by Markate, including links to websites that sell products. We do not control such web sites and are not responsible for their contents, products or operation. These links do not mean that Markate endorses, approves or sponsors the linked sites or any information, products or services contained on those sites. Markate is not liable for any damage that might result from your use of the information, products or services obtained. Your use of such websites is entirely at your own risk.

15. No Agency/ No Third Party Beneficiary

There is no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship intended or created by this Agreement. Nothing in this Agreement is intended to benefit any third party.

16. Digital Millennium Copyright Act Compliance Notice.

If you believe any of the content on our Site infringes your copyrights, you may send us a notice of alleged infringement that complies with the Digital Millennium Copyright Act.

Markate will process notices of alleged infringement that it receives and will take appropriate actions as required by the Digital Millennium Copyright Act (the “DMCA”) and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Markate’s designated agent:

Maria Crimi Speth
3200 N. Central Ave, Suite 3200
Phoenix, Arizona 85012
mcs@jaburgwilk.com

To be effective, the notification must be in writing and must comply with the DMCA, 17 U.S.C. §512(c)(3). Notices which do not comply with the law will be disregarded.

17. Markate Cancel Policy and Important Information

How Do I Accept my Agreement?

You accept the agreement by:
- Agreeing in writing, by email, over the phone, or in person;
- Initializing your account.

When you accept, you're representing that you are at least 18 years old and are legally able to accept an agreement. If you're accepting for an organization, you're representing that you are authorized to bind that organization, and where the context requires, "you" means the organization.

If you don't want to accept, don't do any of these things. You can cancel your service if you tell us (and cancel Markate subscription) within 14 days of the date of purchase. A restocking fee of $15 will apply to all Markate subscription. No refunds will be granted or cancels accepted after 14 days, or if your account has been initialized.

18. Subscriptions

Subscriptions are 3 months, 6 months and 12 months and is prepaid full amount during the time of activation

19. Refund policy on Service Termination

You may terminate service for any reason within 14 days of activation. If you purchased a Markate subscription at a promotional price at the time of activation, you must cancel it within the subscription cancel period to avoid being assessed an Early Termination Fee of $15. You will also be responsible for all applicable usage fees, prorated access charges, taxes, surcharges or other charges that accrued to your account through the termination date. The charges for any service used on the account before the service termination date may be applied.

If you cancel your service after the 14 days period, but prior to the expiration of your minimum term, you will be responsible for all of the above mentioned charges, including an Early Termination Fee.

If you cancel your subscription, even by mistake, after the cancel period, you will not receive a refund and the subscription you canceled will not be canceled to you.

At our discretion, we may decline your cancel or charge you a fee. If you cancel and we accept your subscription within the cancel period, we will refund your purchase price, subject to the Early Termination fee of $15.

If cancellation date happens to be in between the billing cycle (billing cycle being calendar month) refund amount will be amortized and remaining balance will be pro-rated and refunded with early Termination fee of $15.

Before canceling Markate subscription, please transfer all data you wish to retain for your personal records. Once the Markate subscription or accessory is canceled, your data cannot be recovered.

20. Updates to Terms of Use.

Terms of Use updated as of June 27th, 2016.


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