Last Updated: August 11, 2017
If you have any questions regarding the meaning or application of this Agreement, please direct your questions to:
Markate is a platform that connects consumers and local service providers. It is used by consumers (“Customer” or “Customers”) to find local service providers such as plumbers, cleaners, landscapers, roofers, and other service professionals (“Pro” or “Pros”). Markate offers invoice creation services to Pros and an optional escrow system for Customers to pay Pros. Markate is an intermediary platform and is not a party to the agreements between Customers and Pros.
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. Markate is no responsible for any losses, whether foreseeable or not, that result from the Site being inaccessible or inoperable.
Markate gives Customers and Pros the option of paying or receiving payments through its online payment processing. Markate charges a processing fee of 2.9% + 0.30 cents and a 1% convenience fee for use of its payment processing system. Markate uses WePay/Braintree, to process payments. When using Markate’s payment processing, you are bound by the applicable Braintree legal agreements for services, including the WePay/Braintree Payment Services Agreement, the WePay/Braintree Services acceptable use policy.
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 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.
To use certain features of the Site, you must provide your name, email address, telephone number and zip code. When creating your account, you must provide accurate and complete information. If any of your information changes, you agree to update your registration information as soon as possible. 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 person’s account without that person’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.
By using the services provided by the Site, you represent that you possess the capacity to enter into a binding contract, are 18 years or older, and are not a person barred by any laws from using our Site.
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.
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.
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. 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.
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.
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.
For your convenience, Markate may provide links on the Site to websites that are not operated by Markate, including links to government websites, social media or 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.
The Site may display content from other websites, including government websites and social media websites. Content that you post on the Site might also be posted by Markate to other websites. You give Markate permission to share publicly posted content regarding you or your business with other websites.
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.
When using the Site, you may not post or transmit any material or content on or through the Site:(1.a) that is false;
When using the Site, you may not post or transmit on or through the Site:(1.j) software or other materials that contain viruses or other programs harmful or disruptive to the Site or other websites;
You may not:(1.m) 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;
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.
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.
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.
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
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.
By providing us with your email address or your cellular telephone number, you expressly consent to receiving communications using that contact information from Markate and any Pro or Customer with whom you connect. You acknowledge that your mobile provider’s standard rates for sending and receiving text messages will apply. If you wish to opt-out of receiving text or email messages, email us at firstname.lastname@example.org.
Markate may permit Customers to post reviews of Pros on the Site. Markate reserves the rights, in its sole discretion, to post or reject any review. Markate is not responsible for reviews that are posted and is not responsible for reviews that are not posted. Markate also reserves the right to remove a review that has been posted.
Markate provides a platform for connections, but is not a service provider or an agent of the service providers who are listed on the Site. When you hire a Pro, you are entering into a contract directly with the Pro and not with Markate. Markate is NOT an agent of any Pro listed on the Site and none of the Pros listed on the Site are agents of Markate.
Markate is NOT responsible for any of the following:
- If Pro obtains advance deposit and does not perform the services;
- If Pro does not show up for scheduled appointments;
- If Pro does not complete the services;
- If Pro’s work is not satisfactory.
Markate provides a payment gateway through which you may pay the Pro. You acknowledge that you are not paying Markate for services, you are paying the Pro through Markate’s payment processing platform.
Markate makes no representations or warranties as to the quality of services or qualifications of any Pro on the Site. Markate uses its best efforts to verify license, bond, and insurance information at the time of the listing. However, the information may change after the initial listing and Markate may not update the information. You should do your own independent investigation of the Pros, including confirming whether they are licensed and insured and obtaining references.
You release Markate from liability 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 you hiring a Pro to provide services to you.
When you sign up as a Pro, you will be asked to provide your business name. If your business is a separate legal entity, provide the name of the business and indicate LLC, Inc., or other accurate and appropriate designation. If you are a sole proprietor, list your individual legal name doing business as your business name. For example, “John Doe d/b/a Acme.”
Markate may auto-populate information about your business on the Site from your website, social media sites, and other online sources. You will have the opportunity to modify such information as appropriate.
If you sign up for a Deal, you may cancel within 48 hours of signing up for the Deal and receive a full refund of the monthly Deal fee. However, if you have previously canceled a Deal, you will not receive a refund in the event of subsequent cancellations. Otherwise, all sales are final. No portion of any amounts paid to Markate is ever refundable unless we expressly state otherwise.
Markate offers Pros the opportunity to purchase leads. You may choose the leads you want and you only pay for leads you choose. Once you pay for a lead, you will receive additional information and the customer’s contact information. Markate will share a lead with no more than three Pros. A lead is not a guarantee that you will win the bid, and the price of the lead is never refundable.
Your service contract with the Customer must clearly and conspicuously state that the contract is between you and your Customer and that Markate is not a party to that contract.
You are not an agent of Markate and Markate is not your agent. Markate is not responsible for the work you perform or the services that you provide. Markate is not responsible if the Customer fails to pay for services you provide.
You will not advertise, bid on, or accept any job that you do not have the proper licenses to perform. If you represent to Markate that you are insured, you must notify Markate within three (3) business days if your insurance is terminated for any reason. You will provide Markate complete copies of all insurance policies upon written request.
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 services you or your agents provide to Customers or arising out of the provisions of this Agreement.
Markate makes efforts to optimize the listings on the Site on search engines and your listing may show up in search engine results. You give Markate permission to use your listing to advertise the Site, including in paid ads and on other websites.
Markate provides Pros with template tools for estimating, appointment setting, and invoicing. These tools are not customized and may not be best suited for your industry or business needs. You should use your own discretion as to whether to use the tools provided or use your own processes. Markate’s “Disclaimer of Liability” applies to your use of these tools.