QUIK PLOW, LLC
TERMS AND CONDITIONS
Last updated: November 14, 2021
1. CONTRACTUAL AGREEMENT
you, an individual, from within any country in the world of applications,
websites, content, products, and services (the “Services”) made
available by Quik Plow, LLC, (“Quik Plow”) a private limited liability
company established in the State of Michigan, having its offices 540 N. Lapeer
Rd #420, Orion Township, MI 48362, with its Resident Agent as Daniel J.
Gawronski, Esq. at 100 East Wisconsin Avenue, Suite 3300, Milwaukee, WI 53202 registered
with the State of Wisconsin.
PLEASE READ THESE TERMS
CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to
be bound by these Terms, which establishes a contractual relationship between
you and Quik Plow. If you do not agree to these Terms, you may not access or
use the Services. These Terms expressly supersede prior agreements or
arrangements with you. Quik Plow may immediately terminate these Terms or any
Services with respect to you, or generally cease offering or deny access to the
Services or any portion thereof, at any time for any reason.
Supplemental terms may apply to certain Services, such as policies
for a particular event, activity or promotion, and such supplemental terms will
be disclosed to you in connection with the applicable Services. Supplemental
terms are in addition to, and shall be deemed a part of, the Terms for the
purposes of the applicable Services. Supplemental terms shall prevail over
these Terms in the event of a conflict with respect to the applicable Services.
Quik Plow may amend the Terms related to the Services from time to
time. Amendments will be effective upon Quik Plow’s posting of such updated
Terms at this location or the amended policies or supplemental terms on the
applicable Service. Your continued access or use of the Services after such
posting constitutes your consent to be bound by the Terms, as amended.
Quik Plow may provide to a claims processor or an insurer any
necessary information (including your contact information) if there is a
complaint, dispute or conflict, which may include an accident, involving you
and a Third-Party Provider (including a snow removal network company driver)
and such information or data is necessary to resolve the complaint, dispute or
2. THE SERVICES
The Services constitute a technology platform that enables users
of Quik Plow’s mobile applications or websites provided as part of the Services
(each, an “Application”) to arrange and schedule snow removal and/or
logistics services with independent third-party providers of such services,
including independent third-party snow removal providers and independent third-party
logistics providers under agreement with Quik Plow or certain of Quik Plow’s
affiliates (“Third-party Providers”). Unless otherwise agreed by Quik
Plow in a separate written agreement with you, the Services are made available
solely for your personal, noncommercial use. YOU ACKNOWLEDGE THAT QUIK PLOW
DOES NOT PROVIDE SNOW REMOVAL OR LOGISTICS SERVICES OR FUNCTION AS A SNOW
REMOVAL CARRIER AND THAT ALL SUCH SNOW REMOVAL OR LOGISTICS SERVICES ARE
PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY QUIK
PLOW OR ANY OF ITS AFFILIATES.
Subject to your compliance with these Terms, Quik Plow grants you
a limited, non-exclusive, non-sublicensable, revocable, non-transferrable
license to: (i) access and use the Applications on your personal device solely
in connection with your use of the Services; and (ii) access and use any
content, information and related materials that may be made available through
the Services, in each case solely for your personal, noncommercial use. Any
rights not expressly granted herein are reserved by Quik Plow and Quik Plow’s
You may not: (i) remove any copyright, trademark or other
proprietary notices from any portion of the Services; (ii) reproduce, modify,
prepare derivative works based upon, distribute, license, lease, sell, resell,
transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Services except as expressly permitted by Quik Plow;
(iii) decompile, reverse engineer or disassemble the Services except as may be
permitted by applicable law; (iv) link to, mirror or frame any portion of the
Services; (v) cause or launch any programs or scripts for the purpose of
scraping, indexing, surveying, or otherwise data mining any portion of the
Services or unduly burdening or hindering the operation and/or functionality of
any aspect of the Services; or (vi) attempt to gain unauthorized access to or
impair any aspect of the Services or its related systems or networks.
Provision of the Services.
You acknowledge that portions of the Services may be made
available under Quik Plow’s various brands or request options associated with snow
removal or logistics. You also acknowledge that the Services may be made
available under such brands or request options by or in connection with: (i)
certain of Quik Plow’s subsidiaries and affiliates; or (ii) independent Third-Party
Providers, including snow removal network company drivers, snow removal charter
permit holders or holders of similar snow removal permits, authorizations or
licenses (if applicable).
Third-party Services and Content.
The Services may be made available or accessed in connection with
third-party services and content (including advertising) that Quik Plow does
may apply to your use of such third-party services and content. Quik Plow does
not endorse such third-party services and content and in no event shall Quik
Plow be responsible or liable for any products or services of such third-party
providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or
BlackBerry Limited and/or their applicable international subsidiaries and
affiliates will be third-party beneficiaries to this contract if you access the
Services using Applications developed for Apple iOS, Android, Microsoft
Windows, or Blackberry-powered mobile devices, respectively. These third-party
beneficiaries are not parties to this contract and are not responsible for the
provision or support of the Services in any manner. Your access to the Services
using these devices is subject to terms set forth in the applicable third-party
beneficiary’s terms of service.
The Services and all rights therein are and shall remain Quik Plow’s
property or the property of Quik Plow’s licensors. Neither these Terms nor your
use of the Services convey or grant to you any rights: (i) in or related to the
Services except for the limited license granted above; or (ii) to use or
reference in any manner Quik Plow’s company names, logos, product and service
names, trademarks or services marks or those of Quik Plow’s licensors.
3. YOUR USE OF THE SERVICES
In order to use most aspects of the Services, you must register
for and maintain an active personal user Services account (“Account”).
You must be at least 18 years of age, or the age of legal majority in your
jurisdiction (if different than 18), to obtain an Account. Account registration
requires you to submit to Quik Plow certain personal information, such as your
name, address, mobile phone number and age, as well as at least one valid
payment method (either a credit card or accepted payment partner). You agree to
maintain accurate, complete, and up-to-date information in your Account. Your
failure to maintain accurate, complete, and up-to-date Account information,
including having an invalid or expired payment method on file, may result in
your inability to access and use the Services or Quik Plow’s termination of
these Terms with you. You are responsible for all activity that occurs under
your Account, and you agree to maintain the security and secrecy of your
Account username and password at all times. Unless otherwise permitted by Quik
Plow in writing, you may only possess one Account.
User Requirements and Conduct.
The Service is not available for use by persons under the age of
18. You may not authorize third parties to use your Account, and you may not
allow persons under the age of 18 to receive snow removal or logistics services
from Third-Party Providers unless they are accompanied by you. You may not
assign or otherwise transfer your Account to any other person or entity. You
agree to comply with all applicable laws when using the Services, and you may
only use the Services for lawful purposes. You will not, in your use of the
Services, cause nuisance, annoyance, inconvenience, or property damage, whether
to the Third-Party Provider or any other party. In certain instances, you may
be asked to provide proof of identity to access or use the Services, and you
agree that you may be denied access to or use of the Services if you refuse to
provide proof of identity.
By creating an Account, you agree that the Services may send you
text (SMS) messages as part of the normal business operation of your use of the
Services. You may opt-out of receiving text (SMS) messages from Quik Plow at
any time by following the directions found at [website]. You
acknowledge that opting out of receiving text (SMS) messages may impact your
use of the Services.
Quik Plow may, in Quik Plow’s sole discretion, create promotional
codes that may be redeemed for Account credit, or other features or benefits
related to the Services and/or a Third-party Provider’s services, subject to
any additional terms that Quik Plow establishes on a per promotional code basis
(“Promo Codes”). You agree that Promo Codes: (i) must be used for the
intended audience and purpose, and in a lawful manner; (ii) may not be
duplicated, sold or transferred in any manner, or made available to the general
public (whether posted to a public form or otherwise), unless expressly
permitted by Quik Plow; (iii) may be disabled by Quik Plow at any time for any
reason without liability to Quik Plow; (iv) may only be used pursuant to the
specific terms that Quik Plow establishes for such Promo Code; (v) are not
valid for cash; and (vi) may expire prior to your use. Quik Plow reserves the
right to withhold or deduct credits or other features or benefits obtained
through the use of Promo Codes by you or any other user in the event that Quik
Plow determines or believes that the use or redemption of the Promo Code was in
error, fraudulent, illegal, or in violation of the applicable Promo Code terms
or these Terms.
User Provided Content.
Quik Plow may, in Quik Plow’s sole discretion, permit you from
time to time to submit, upload, publish or otherwise make available to Quik
Plow through the Services textual, audio, and/or visual content and
information, including commentary and feedback related to the Services,
initiation of support requests, and submission of entries for competitions and
promotions (“User Content”). Any User Content provided by you remains
your property. However, by providing User Content to Quik Plow, you grant Quik
Plow a worldwide, perpetual, irrevocable, transferrable, royalty-free license,
with the right to sublicense, to use, copy, modify, create derivative works of,
distribute, publicly display, publicly perform, and otherwise exploit in any
manner such User Content in all formats and distribution channels now known or
hereafter devised (including in connection with the Services and Quik Plow’s
business and on third-party sites and services), without further notice to or
consent from you, and without the requirement of payment to you or any other
person or entity.
You represent and warrant that: (i) you either are the sole and
exclusive owner of all User Content or you have all rights, licenses, consents
and releases necessary to grant Quik Plow the license to the User Content as
set forth above; and (ii) neither the User Content nor your submission,
uploading, publishing or otherwise making available of such User Content nor Quik
Plow’s use of the User Content as permitted herein will infringe, misappropriate
or violate a third-party’s intellectual property or proprietary rights, or
rights of publicity or privacy, or result in the violation of any applicable
law or regulation.
You agree to not provide User Content that is defamatory,
libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise
offensive, as determined by Quik Plow in its sole discretion, whether or not
such material may be protected by law. Quik Plow may, but shall not be
obligated to, review, monitor, or remove User Content, at Quik Plow’s sole
discretion and at any time and for any reason, without notice to you.
Network Access and Devices.
You are responsible for obtaining the data network access
necessary to use the Services. Your mobile network’s data and messaging rates
and fees may apply if you access or use the Services from a wireless-enabled
device and you shall be responsible for such rates and fees. You are
responsible for acquiring and updating compatible hardware or devices necessary
to access and use the Services and Applications and any updates thereto. Quik
Plow does not guarantee that the Services, or any portion thereof, will function
on any particular hardware or devices. In addition, the Services may be subject
to malfunctions and delays inherent in the use of the Internet and electronic
You understand that use of the Services may result in charges to
you for the services or goods you receive from a Third-party Provider (“Charges ”).
After you have received services or goods obtained through your use of the
Service, Quik Plow will facilitate your payment of the applicable Charges on
behalf of the Third-party Provider as such Third-Party Provider’s limited
payment collection agent. Payment of the Charges in such manner shall be
considered the same as payment made directly by you to the Third-Party
Provider. Charges will be inclusive of applicable taxes where required by law.
Charges paid by you are final and non-refundable, unless otherwise determined
by Quik Plow. You retain the right to request lower Charges from a Third-party
Provider for services or goods received by you from such Third-party Provider
at the time you receive such services or goods. Quik Plow will respond
accordingly to any request from a Third-party Provider to modify the Charges
for a particular service or good.
All Charges are due immediately and payment will be facilitated by
Quik Plow using the preferred payment method designated in your Account, after
which Quik Plow will send you a receipt viewable in the application. If your
primary Account payment method is determined to be expired, invalid or
otherwise not able to be charged, you agree that Quik Plow may, as the Third-Party
Provider’s limited payment collection agent, use a secondary payment method in
your Account, if available.
As between you and Quik Plow, Quik Plow reserves the right to
establish, remove and/or revise Charges for any or all services or goods
obtained through the use of the Services at any time in Quik Plow’s sole
discretion. Further, you acknowledge and agree that Charges applicable in
certain geographical areas may increase substantially during times of high
demand. Quik Plow will use reasonable efforts to inform you of Charges that may
apply, provided that you will be responsible for Charges incurred under your
Account regardless of your awareness of such Charges or the amounts thereof. Quik
Plow may from time to time provide certain users with promotional offers and
discounts that may result in different amounts charged for the same or similar
services or goods obtained through the use of the Services, and you agree that
such promotional offers and discounts, unless also made available to you, shall
have no bearing on your use of the Services or the Charges applied to you. You
may elect to cancel your request for services or goods from a Third-Party
Provider at any time prior to such Third-Party Provider’s arrival, in which case
you may be charged a cancellation fee.
This payment structure is intended to fully compensate the Third-Party
Provider for the services or goods provided. Except with respect to snow
removal services requested through the Application, Quik Plow does not
designate any portion of your payment as a tip or gratuity to the Third-Party
Provider. Any representation by Quik Plow (on Quik Plow’s website, in the
Application, or in Quik Plow’s marketing materials) to the effect that tipping
is “voluntary,” “not required,” and/or “included” in the payments you make for
services or goods provided is not intended to suggest that Quik Plow provides
any additional amounts, beyond those described above, to the Third-Party
Provider. You understand and agree that, while you are free to provide
additional payment as a gratuity to any Third-Party Provider who provides you
with services or goods obtained through the Service, you are under no
obligation to do so. Gratuities are voluntary. After you have received services
or goods obtained through the Service, you will have the opportunity to rate
your experience and leave additional feedback about your Third-party Provider.
Repair and property damage Fees.
You shall be responsible for the cost of repair for damage to, or
necessary cleaning of, Third-party Provider plow marks on driveway and or grass
and property resulting from use of the Services under your Account if driveway
not properly marked or beyond normal wear and tear. In the event that a Third-party
Provider reports the property as being damaged, Quik Plow will facilitate the
process and help both parties discuss a reasonable solution. Quik Plow is not
liable for any property damage in access of $100.
5. DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUIK PLOW
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY,
NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN
ADDITION, QUIK PLOW MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING
THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE
SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR
THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. QUIK PLOW DOES NOT
GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS.
YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY
SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO
THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
Limitation of Liability.
QUIK PLOW SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST
DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR
OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF QUIK PLOW HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIK PLOW SHALL NOT BE LIABLE FOR
ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON
THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY
TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF QUIK
PLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. QUIK PLOW SHALL NOT
BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND QUIK
PLOW’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY SNOW REMOVAL
PROVIDERS PROVIDING SNOW REMOVAL SERVICES REQUESTED THROUGH SOME REQUEST BRANDS
MAY OFFER RIDESHARING OR PEER-TO-PEER SNOW REMOVAL SERVICES AND MAY NOT BE
PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL QUIK PLOW’S TOTAL
LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND
CAUSES OF ACTION EXCEED FIVE HUNDRED EUROS (€500).
QUIK PLOW’S SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE SNOW
REMOVAL, GOODS OR LOGISTICS SERVICES WITH THIRD-PARTY PROVIDERS, BUT YOU AGREE
THAT QUIK PLOW HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY SNOW
REMOVAL, GOODS OR LOGISTICS SERVICES PROVIDED TO YOU BY THIRD-PARTY PROVIDERS
OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS. QUIKPLOW WILL NOT BE
RESPONIBLE FOR ANY DEATH, INJURY, ACCIDENT RESULTING IN DRIVER USING OUR
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION 5 DO NOT PURPORT TO
LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER
You agree to indemnify and hold Quik Plow and its officers,
directors, employees and agents harmless from any and all claims, demands,
losses, liabilities, and expenses (including attorneys’ fees) arising out of or
in connection with: (i) your use of the Services or services or goods obtained
through your use of the Services; (ii) your breach or violation of any of these
Terms; (iii) Quik Plow’s use of your User Content; or (iv) your violation of
the rights of any third-party, including Third-party Providers.
6. GOVERNING LAW; ARBITRATION.
Except as otherwise set forth in these Terms, these Terms shall be
exclusively governed by and construed in accordance with the laws of The State
of Michigan. Any dispute, conflict, claim or controversy arising out of or
broadly in connection with or relating to the Services or these Terms,
including those relating to its validity, its construction or its
enforceability (any “Dispute”) shall be first mandatorily submitted to
mediation proceedings under the Uniform Arbitration Act 371 of 2012 (MCL
691.1681-1713). The place of both mediation and arbitration shall be Ferndale,
Michigan. The language of the mediation and/or arbitration shall be English,
unless you do not speak English, in which case the mediation and/or
arbitration shall be conducted in both English and your native language. The
existence and content of the mediation and arbitration proceedings, including
documents and briefs submitted by the parties, correspondence from and to the arbitrators/mediators,
correspondence from the mediator, and correspondence, orders and awards issued
by the sole arbitrator, shall remain strictly confidential and shall not be
disclosed to any third-party without the express written consent from the other
party unless: (i) the disclosure to the third-party is reasonably required in
the context of conducting the mediation or arbitration proceedings; and (ii)
the third-party agrees unconditionally in writing to be bound by the
confidentiality obligation stipulated herein.
7. OTHER PROVISIONS
Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Quik Plow’s
designated agent. Please visit Quik Plow’s webpage at miquikplow.com for the
designated address and additional information.
Quik Plow may give notice by means of a general notice on the
Services, electronic mail to your email address in your Account, or by written
communication sent to your address as set forth in your Account. You may give
notice to Quik Plow by written communication to Quik Plow's address at Mr.
Steve McIsaac 540 N. Lapeer Road #420, Orion Township, MI 48362.
You may not assign or transfer these Terms in whole or in part
without Quik Plow’s prior written approval. You give your approval to Quik Plow
for it to assign or transfer these Terms in whole or in part, including to: (i)
a subsidiary or affiliate; (ii) an acquirer of Quik Plow’s equity, business or
assets; or (iii) a successor by merger. No joint venture, partnership,
employment or agency relationship exists between you, Quik Plow or any Third-party
Provider as a result of the contract between you and Quik Plow or use of the
If any provision of these Terms is held to be illegal, invalid or
unenforceable, in whole or in part, under any law, such provision or part
thereof shall to that extent be deemed not to form part of these Terms but the
legality, validity and enforceability of the other provisions in these Terms
shall not be affected. In that event, the parties shall replace the illegal,
invalid or unenforceable provision or part thereof with a provision or part
thereof that is legal, valid and enforceable and that has, to the greatest
extent possible, a similar effect as the illegal, invalid or unenforceable
provision or part thereof, given the contents and purpose of these Terms. These
Terms constitute the entire agreement and understanding of the parties with
respect to its subject matter and replaces and supersedes all prior or
contemporaneous agreements or undertakings regarding such subject matter. In
these Terms, the words “including” and “include” mean “including, but not