Sno Terms of Service

Last updated: September 14, 2023

These Terms of Service constitute a legally binding agreement between you and Avalanche Applications, LLC, a Wyoming limited liability company d.b.a. Sno (“Sno”) governing your use of the Sno Platform. Sno’s websites (including www.sno-removal.com (the “Sites”)), mobile applications (the “Apps”), and related services, information and communications are collectively referred to as the “Sno Platform.”

The use of the Sno Platform and the provision and use of the Services is subject to the Arbitration Agreement detailed in Exhibit A hereto (the “Arbitration Agreement”). You acknowledge that by using the Sno Platform you have reviewed the Arbitration Agreement.

The use of the Sno Platform and the provision and use of the Services is subject to the Code of Conduct detailed in Exhibit B hereto (the “Code of Conduct”). You acknowledge that by using the Sno Platform you have reviewed the Code of Conduct.

The use of all personal data you submit to the Sno Platform or which we collect about you is governed by our Privacy Policy (“Privacy Policy”). A copy of our Privacy Policy is available sno-removal.com/privacy-policy. You acknowledge that by using the Sno Platform you have reviewed the Privacy Policy.

Your consent at registration and continued use of the Sno Platform constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Service, the Privacy Policy, the Arbitration Agreement, the Code of Conduct, as well as any future amendments and additions to this Agreement (as defined below) Sno may publish from time to time. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Sno Platform.

The Privacy Policy, the Arbitration Agreement, and the Code of Conduct are incorporated by reference into these Terms of Service and together form and are hereinafter referred to as the “Agreement”.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT USE OR ACCESS THE SNO PLATFORM.

PLEASE NOTE: EXHIBIT A SPECIFIES HOW USERS AND SNO RESOLVE DISPUTES. EXHIBIT A CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST SNO TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR USING THE SNO PLATFORM, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT (INCLUDING THE DISPUTE RESOLUTION AND ARBITRATION AGREEMENT) AND YOU ACCEPT ALL OF ITS TERMS.

A few highlights of these Terms of Service include:

You must be at least the legally required age in the jurisdiction in which you reside (18 years old), and otherwise capable of entering into binding contracts, in order to use or access the Sno Platform (Section 2).

Your agreement that the technology for the Sno Platform is provided “as is” and without warranty (Section 16).

Your agreement that Sno provides no warranty and has no liability regarding User action on the Sno Platform or the performance of Services (Section 16).

Your acknowledgment and agreement that Sno does not supervise, scope, direct, control, or monitor a Service Provider’s work and the Services performed (Section 1).

Your acknowledgement and agreement that Clients are solely responsible for determining if the Service Provider they hire is qualified to perform the Service (Sections 1 and 21).

Your acknowledgement and agreement that Service Providers are independent contractors of Clients and not employees, independent contractors, or service providers of Sno (Section 1).

Your agreement to hold harmless and indemnify Sno from claims due to your use of or inability to use the Sno Platform or content submitted from your account to the Sno Platform (Section 17).

Your agreement to arbitrate disputes with Sno on an individual basis to the fullest extent permitted by applicable law (Exhibit A).

1) The Sno Platform Connects Service Providers and Clients

The Sno Platform is a web- and app-based two-sided marketplace which enables connections between Clients and Service Providers. “Clients” are individuals and/or businesses seeking to obtain snow removal services (the “Services”) from Service Providers and are therefore clients of Service Providers, and “Service Providers” are businesses seeking to perform Services for Clients. Clients and Service Providers together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.

SERVICE PROVIDERS ARE INDEPENDENT BUSINESS OWNERS. SERVICE PROVIDERS ARE INDEPENDENT CONTRACTORS OF CLIENTS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS, OR FRANCHISEES OF SNO. SNO DOES NOT PERFORM SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM SERVICES. SNO OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS CLIENTS WITH SERVICE PROVIDERS.

USERS HEREBY ACKNOWLEDGE THAT SNO DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL, OR MONITOR A SERVICE PROVIDER’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Sno Platform to a Service Provider being licensed or credentialed in some manner, or “reliable,” “reliability rate,” “elite,” “great value,” “background checked,” “vetted” (or similar language) designations indicates only that the Service Provider has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Sno of such Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select, interact, or contract with via the Sno Platform.

The Sno Platform enables connections between Users for the fulfillment of Services. Sno is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Service Providers, or Clients, nor of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Sno makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or services provided by, or the communications of or between, Users identified through the Sno Platform, whether in public or private, via on- or off-line interactions, or otherwise.

2) Service Provider Background Checks and User Representations and Warranties

a) Service Provider Background Checks

Service Providers may be subject to a review process before they can register for and during their use of the Sno Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate (“Background Checks”). Although Sno may perform Background Checks, Sno cannot confirm that any User is who they claim to be, and Sno cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Sno will not be liable for any false or misleading statements made by Users of the Sno Platform.

NEITHER SNO, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “AFFILIATES” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SNO PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SNO AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SNO PLATFORM.

b) User Representations and Warranties. All Users represent and warrant that:

i) You are at least of the legally required age in the jurisdiction in which you reside and are

otherwise capable of entering into binding contracts;

ii) You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;

iii) You have read, understand, and agree to be bound by these Terms of Service and the Privacy Policy;

iv) Services shall only be performed in a state where the Sno Platform has a presence.

v) You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Sno in connection with the Sno Platform without the prior written consent of Sno and/or the relevant User, as applicable;

vi) You will fulfill the commitments you make to other Users, communicate clearly and promptly through the chat thread, be present and/or available at the time you agree upon with your Service Provider or Client as the case may be, and only utilize the third-party payment service provider specified or approved by Sno to make or receive payment for services provided through the Sno Platform;

vii) You will act professionally and responsibly in your interactions with other Users; viii)You will use your real name or business name on your profile;

ix) When using or accessing the Sno Platform, you will act in accordance with all applicable local, state, provincial, national, or international law or custom and in good faith;

x) Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

xi) Other than as fully and promptly disclosed in writing to Sno, you do not have any motivation, status, or interest that Sno may reasonably wish to know about in connection with the Sno Platform, including without limitation, if you are using or will or intend to use the Sno Platform for any journalistic, academic, investigative, or unlawful purpose.

c) Service Provider Warranties. Service Providers additionally represent and warrant that:

i) When using the Sno Platform, you are operating as a sole proprietor, partnership, limited

liability company, limited liability partnership, corporation, or other business entity;

ii) You are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Sno Platform, and maintain an independent clientele;

iii) You have the unrestricted right to work in the jurisdiction in which you will be performing Services;

iv) If the Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;

v) You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services;

vi) You have any and all insurance required to operate your business and provide your services;

vii)You will use your real name or business name and an up-to-date photo on your profile; and

viii)You will honor your commitments to other Users on the Platform, including by responding to invitations promptly; performing the Service(s) as agreed upon with your Client; and providing timely, high-quality services to your Clients.

3) Contract between Clients and Service Providers.

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement”) is formed when you and that User agree on the terms of a Service. The terms of the Service Agreement include the terms set forth in this Section 3, the engagement terms proposed and accepted on the Sno Platform, and any other contractual terms accepted by both the Service Provider and their Client to the extent such terms do not conflict with the terms in this Agreement, including this Section 3, and do not expand Sno’s obligations or restrict Sno’s rights under this Agreement. Sno is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Sno and the Service Provider, nor will it create an employment relationship between the Client and the Service Provider. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Sno.

While using the Sno Platform, Clients, in their sole discretion, determine whether they will be present or not when a Service is performed. Clients agree that if someone other than them books the Service on their behalf or is present in their stead when the Service is performed, they are appointing that person as their agent (“Client’s Agent”) and the Service Provider may take and follow direction from the Client’s Agent as if such direction was given from the Client. If you are a Client’s Agent and accessing and using the Sno Platform on behalf of a Client, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms of Service. Client’s Agent may authorize any applicable waiver of the Client’s scoping, direction, or instruction of the Service Provider’s work or performance of the Service in the Client’s stead. Client agrees that such direction and/or waiver is valid against Client and Client’s Agent, and Client shall be responsible and liable for all such direction and/or waiver as if made by Client him or herself. Client assumes full and sole responsibility for the acts and omissions of Client’s Agents.

The Client shall pay their Service Provider(s) in full for all Service services via the Sno Platform as indicated on the Sno Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance, and completion of a Service.

4) Billing and Payment

Users of the Sno Platform contract for Services directly with other Users. Sno will not be a party to any contracts for Services or services. Client, and not Sno, is responsible for payment for all Service services through the Sno Platform. Such payment must be made via the Sno Platform. Sno is not obligated to compensate Service Provider for Client’s failure to pay for services.

The Service Payment, service charge, and other fees and charges (if any) must be paid through the Sno Platform. Clients on the Sno Platform will be required to provide their payment method details to Sno and the Sno Platform. Clients will be responsible for paying the invoice(s) for each Service (the “Invoice(s)”), which will include the pricing terms of the Service provided by the Service Provider and agreed upon by the parties (“Service Payment”) and the service charge Sno assesses to the Client for access to and information regarding Service Providers. All Invoices must be paid in full upon Client’s booking of the Services. In addition, a tip or gratuity, as applicable, may be added by the Client or at the Client’s direction to the Invoice(s), and all such tips or gratuities shall go directly to the Service Provider. Clients may also be charged credit card processing fees for payments made using credit cards.

Service Providers will be required to set up an account with the Sno Platform, which may require any or all of the following: registration with the Sno Platform, consent to the terms of service of the Sno Platform, and completion of a vetting process and/or account validation at the request of the Sno Platform. Service Providers shall be paid the Service Payment, less applicable fees and charges, and 100% of any gratuities added by the Client. Payment for completed Services are initiated as soon as the Service Provider successfully completes the Services in the App.

To help prevent fraud and safeguard User information from the risk of unauthorized access, Sno and/or the Sno Platform may validate an account before activation and prior to each booking. As part of the validation process, temporary charges may be placed on the account associated with the User and then refunded within 1-5 business days. This temporary charge may vary depending on the estimated value of the Service and expenses.

Clients may be billed a one-hour cancellation charge as damages of up to one half of the Service Payment through the Sno Platform if you book a Service but cancel it less than one hour before the scheduled time for performance.

Sno reserves the right (but not the obligation) upon request from Client or Service Provider, or upon notice of any potential fraud, unauthorized charges, or other misuse of the Sno Platform, to place on hold any Service Payment, out of pocket expenses, and/or tip or gratuity (if applicable), or refund or provide credits, or arrange for the Sno Platform to do so.

Users of the Sno Platform may be liable for any taxes or similar charges required to be collected and/or paid on the Services and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Sno may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

5) Contests, Gift Cards, and Promotional Codes

Sno may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Sno, and can be implemented, modified, or removed at any time by Sno without advance notification. The liability of Sno and Affiliates, as well as any of Sno’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 16 of these Terms of Service.

Sno gift cards (“Gift Cards”) and promotional codes (“Promo Codes”) may be available and can be used to pay Service Payments and the Sno service charge in part or in full but may not be used to pay for tips or gratuity associated with a Service provided through the Sno Platform.

a) Promo Codes

Promo Codes are an offer by Sno to reduce the amount a Client has to pay in relation to a Service Payment and/or service charge. The use or application of any Promo Code is solely intended as a promotional initiative and does not in any way create a relationship or engagement between Sno or the Service Provider or Client, or constitute wages, fees or other amounts paid to the Service Provider. You agree that you will use Promo Codes in accordance with the terms and conditions governing the Promo Code. A new user Promo Code may only be used once per User, regardless of the email address used during registration. Sno reserves the right to withhold or deduct credits or other features or benefits obtained through the use of a Promo Code by you or any other User in the event that the use or redemption of a Promo Code was in error, fraudulent, illegal, or otherwise in violation of the applicable Promo Code terms and conditions or this Agreement.

b) Gift Cards

Gift Cards can only be used in connection with Services performed on the Sno Platform, are not replaceable if lost or stolen, and have no expiration date. Gift Cards have no cash value and cannot be exchanged for cash except as required by law. Gift Cards must be entered directly into the Client account; they may not be directly accepted by Service Providers as a payment method.

A Gift Card cannot be combined with any other Gift Cards, gift certificates or Promo Codes. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. You cannot “reload” (or add value/balance) to your Gift Card at this time. If a Gift Card holder’s purchase exceeds the amount of that Gift Card’s balance, the Gift Card holder must pay the difference by another means. Unused Gift Card balances are not transferable. Sno reserves the right to correct the balance of a Gift Card if Sno believes that a billing error has occurred. Sno reserves the right to limit quantities of Gift Cards purchased by any person or entity, and to cancel a Gift Card if it believes that the Gift Card was obtained through fraudulent or unauthorized means. Gift Cards and their use are subject to this Agreement, and use of a Gift Card constitutes acceptance thereof.

You agree to comply with all Gift Card terms and conditions.

6) Public Areas; Acceptable Use

The Sno Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, Service postings, chat areas, news groups, forums, communities, and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Sno Platform, you should not share your personal contact information with other Users.

Without limitation, the Sno Platform may not be used for any of the following purposes:

To defame, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and Sno staff;

To publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful language, material or information;

To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or Sno;

To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots or any other files or software that may damage Sno or its Users’ computers;

To advertise or offer to sell any goods or services for any commercial purpose through the Sno Platform which are not relevant to the Service services;

To conduct or forward surveys, contests, pyramid schemes, or chain letters;

To impersonate another person or a User or allow any other person or entity to use your user profile to post or view comments (except as may be permitted under Section 3 for Client’s Agent).

While using the Sno Platform, you may not:

Use the Sno Platform for any unauthorized or illegal purpose, including but not limited to posting or performing a Service in violation of local, state, or national law;

Post or upload any content which you have not obtained the necessary rights and permissions to use accordingly;

Post the same Service repeatedly (i.e., “spamming”);

Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Sno Platform;

Restrict or inhibit any other User from using and enjoying the Public Areas;

Imply or state that any statements you make (whether on or off the Sno Platform) are endorsed by Sno, without the prior written consent of Sno;

Use a robot, spider, manual, meta tag, “hidden text,” agent, robot, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage or index the Sno Platform, or the electronic addresses or personal information of others, in any manner;

Frame or utilize framing techniques to enclose the Sno Platform or any portion thereof; Hack or interfere with the Sno Platform, its servers or any connected networks;

Adapt, alter, license, sublicense or translate the Sno Platform for your own personal or commercial use;

Remove, alter, or misuse, visually or otherwise, any copyrights, trademarks or proprietary marks or rights owned by Sno and Affiliates;

Upload content to the Sno Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals;

Upload content that provides materials or access to materials that exploit people in an abusive, violent or sexual manner;

Solicit for any other business, website or service, or otherwise contact Users for employment, contracting or any purpose not related to use of the Sno Platform as set forth herein;

Collect usernames, email addresses, or other personal information of Users by electronic or other means;

Use the Sno Platform or the Service services in violation of this Agreement;

Use the Sno Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining Sno’s trade secret information for public disclosure or other purposes;

Attempt to circumvent the payments system or service charge in any way including, but not limited to, making or processing payments outside of the Sno Platform, providing inaccurate information on invoices, or otherwise invoicing in a fraudulent manner;

Register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number;

Cause any third party to engage in the restricted activities above; or

Use tools with the goal of masking your IP address (like the TOR network).

You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas. Sno will not be responsible for the action of any Users with respect to any information or materials posted in Public Areas.

7) Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Sno Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Sno’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

8) Deactivation and Suspension

Sno may suspend your right to use the Sno Platform pending its investigation of a potential breach by you of this Agreement. Sno may deactivate your account or limit your use of the Sno Platform upon its determination that you breached a provision of this Agreement (a “User Breach”). Sno will provide you with written notice of its determination as required by law, unless we have reason to believe the User’s account has been compromised such that the notice would go to the wrong person, or notice would otherwise be counterproductive or would create a risk to safety. If you wish to appeal this determination, please contact legal@sno-removal.com within 14 days of receipt of such notice with the grounds for your appeal.

If Sno suspends or deactivates your account or limits your use of the Sno Platform pursuant to this Section 8, you are thereafter prohibited from registering and creating a new account under your name or business name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

Even after your right to use the Sno Platform is suspended, terminated, or limited, this Agreement will remain enforceable against you. Sno reserves the right to take appropriate legal action pursuant to the Agreement.

Sno reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Sno Platform at its sole discretion. Sno will provide you with notice of any such modification or discontinuation as required by law. To the extent permitted by law, Sno shall not be liable to you for any modification or discontinuance of all or any portion of the Sno Platform. Sno has the right to restrict anyone from completing registration as a Service Provider if such person may threaten the safety and integrity of the Sno Platform, or if such restriction is necessary to address any other reasonable business concern.

You may terminate this Agreement at any time by ceasing all use of the Sno Platform and deactivating your account.

9) Account, Password, Security, and Telephone Communications

You must register with Sno and create an account to use the Sno Platform. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Sno for accessing the Sno Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorized by you. Sno has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you agree to notify Sno immediately.

You acknowledge that telephone calls to or from Sno, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

You verify that any contact information provided to Sno, its agents and Affiliates, and Users, including, but not limited to, your name, business name, mailing address, email address, your residential or business telephone number, and/or your mobile telephone number, is true and accurate. You verify that you are the current subscriber or owner of any telephone number that you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account. Should any of your contact information change, you agree to immediately notify Sno before the change goes into effect by visiting help.tr.co. If the change regards ownership of your telephone numbers, you may notify Sno by texting STOP to any text message sent to the retiring phone number.

10. User Generated Content

“User Generated Content” is defined as any information and materials you provide to Sno, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Sno Platform and participation in Sno promotional campaigns, including without limitation the information and materials posted or transmitted for use in Public Areas. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. You acknowledge and agree that Sno is not involved in the creation, development of User Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable for claims arising out of or relating to User Generated Content. Further, you acknowledge and agree that Sno has no obligation to monitor or review User Generated Content but reserves the right to limit or remove User Generated Content if it is not compliant with the terms of this Agreement.

You hereby represent and warrant to Sno that your User Generated Content (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (c) will not infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or personality (to the extent recognized by law in the country where the Service is performed); (d) will not violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (e) will not be defamatory, libelous, malicious, threatening, or harassing; (f) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (g) will not contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) will not claim or suggest in any way that you are employed or directly engaged by or affiliated with Sno or otherwise purport to act as a representative or agent of Sno; and (i) will not create liability for Sno or cause Sno to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

The Sno Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”). Feedback is such User’s opinion and not the opinion of Sno and has not been verified or approved by Sno. You agree that Sno is not responsible or liable for any Feedback or other User Generated Content. Sno encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Sno is not obligated to investigate any remarks posted by Users for accuracy or reliability or to consider any statements or materials posted or submitted by Users about any Feedback but may do so at its discretion. You agree that Feedback enables Users to post and other Users to read about Users’ expression of their experiences and that you will not complain or take any action merely because you happen to disagree with such Feedback. You may request removal of a review that violates this Agreement by contacting the Support team at [CUSTOMER SERVICE LINK]. Each Client should undertake their own research prior to booking to be satisfied that a specific Service Provider has the right qualifications for a Service.

Sno respects the personal and other rights of others and expects Users to do the same. Sno is entitled to identify a User to other Users or to third parties who claim that their rights have been infringed by User Generated Content submitted by that User, so that they may attempt to resolve the claim directly.

If a User believes, in good faith, that any User Generated Content provided on or in connection with the Sno Platform is objectionable or infringes any of its rights or the rights of others (e.g. counterfeiting, insult, invasion of privacy), the User is encouraged to notify Sno. If a User discovers that User Generated Content promotes crimes against humanity, incites hatred and/or violence, or concerns child pornography, the User must notify Sno. Such notification can be made at Sno, PO Box 2743 Denver, CO 80201.

11) Links to Third-Party Websites

The Sno Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Sno or association with those websites, their content, or their operators. Such links (including without limitation external websites that are framed by the Sno Platform as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Sno does not control any such websites, and is not responsible for their availability, accuracy, content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Sno is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Sno has no obligation to monitor, review, or remove links to third- party websites, but reserves the right to limit or remove links to third-party websites on the Sno Platform at its sole discretion.

The use of any website controlled, owned, or operated by a third party is governed by the terms and conditions of use and privacy policy for that website. You access such third-party websites at your own risk. Sno expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Sno Platform. You hereby agree to hold Sno harmless from any liability that may result from the use of links that may appear on the Sno Platform.

12) Sno Operates as an Online Marketplace

Sno operates as an online marketplace that connects Clients with Service Providers. Sno does not perform Services and does not employ people to perform Services. Service Providers operate as independent business owners and are customarily engaged in an independently established business of the same nature as that involved in the services performed for Clients through the Sno Platform. Sno does not control or direct the Service Providers’ performance of their services or set their work locations, work hours, or terms of work. Service Providers provide services under their own name or business name, and not under Sno’s name. Service Providers provide their own tools and supplies to perform their services; Sno does not provide the tools or supplies. Service Providers are free to maintain a clientele without any restrictions from Sno and are free to offer and provide their services elsewhere, including through competing platforms. Service Providers are free to accept or reject Clients and contracts. Service Providers are not penalized for rejecting Clients or contracts, though if Service Providers accept a Client or contract through the Sno Platform, they are expected to fulfill their contractual obligations to their client. Service

The Sno Platform is not an employment agency service or business and Sno is not an employer of any User. Service Providers acknowledge and confirm that they are responsible for exercising their own business judgment in entering into Service Agreements and performing Services and that, depending on how they exercise such business judgment, there is a chance for individual profit or loss.

13) Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content, including Sno designs, trademarks, and logos (collectively, “Proprietary Material” ) that Users see or read through the Sno Platform is owned by Sno, excluding User Generated Content, which Users hereby grant Sno a license to use as set forth above in Section 10. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Sno owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials. Proprietary Material is protected by domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Sno Platform without Sno’s express prior written consent and, if applicable, the consent of the holder of the rights to the User Generated Content. Any use of such Proprietary Material other than as permitted herein is expressly prohibited.

The service marks and trademarks of Sno, including without limitation Sno and associated logos, are service marks owned by Sno. Any other trademarks, service marks, logos and/or trade names appearing via the Sno Platform are the property of their respective owners. Sno’s proprietary marks and logos are not available for use by Service Providers. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

14) Copyright Complaints and Copyright Agent

Sno respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Sno Platform infringe upon your copyright or other intellectual property right, please send the following information to Sno’s Copyright Agent at Sno, PO Box 2743 Denver, CO 80201:

A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Sno Platform where the material you claim is infringed is visible. Include enough information to allow Sno to locate the material, and explain why you think an infringement has taken place;

A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

Your name, address, telephone number, and e-mail address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

Your electronic or physical signature as the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

15) Confidential Information

You acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Sno and agree that you will not, for the lifetime of your account on Sno plus 10 years thereafter, disclose, transfer, or use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than use of the Sno Platform in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall promptly notify Sno in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall return all originals and any copies of any and all materials containing Confidential Information to Sno promptly upon deactivation of your User account or termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Sno’s trade secrets, confidential and proprietary information, and all other information and data of Sno that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know- how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other Proprietary Materials and confidential information relating to Sno or Sno’s business, operations or properties, including information about Sno’s staff, Users or partners, or other business information disclosed or obtained directly or indirectly in writing, orally or by drawings or observation.

16) Disclaimer of Warranties

Please note that for Users outside the United States, this Section 16 may be subject to the dispute resolution provisions set forth in the Arbitration Agreement.

a) Use Of The Sno Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE SNO PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. SNO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SNO PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE SNO PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR 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 THE SNO PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Sno does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third-party through the Sno Platform or any hyperlinked website or featured in any banner or other advertising, and Sno will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Sno and Affiliates do not warrant that access to the Sno Platform will be uninterrupted or that the Sno Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Sno Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Service, service, information or materials provided through or in connection with the use of the Sno Platform. Sno and Affiliates are not responsible for the conduct, whether online or offline, of any User. Sno and Affiliates do not warrant that the Sno Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Sno and Affiliates will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that a Client may use to expedite Service Provider selection, each Client is responsible for determining the Service and selecting or otherwise approving their Service Provider and Sno does not warrant any goods or services purchased by a Client and does not recommend any particular Service Provider. Sno does not provide any warranties or guarantees regarding any Service Provider’s ability, professional accreditation, registration, or licensure.

b) No Liability

You acknowledge and agree that Sno is only willing to provide the Sno Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Sno and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorney’s fees and costs (collectively, “Liabilities” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Sno Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Sno and Affiliates, and any destruction of your User Generated Content.

UNDER NO CIRCUMSTANCES WILL SNO AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR, AND YOU HEREBY RELEASE SNO AND AFFILIATES AND THEIR CORPORATE PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY SNO, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE SNO PLATFORM OR THE SERVICE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

SNO AND AFFILIATES EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS SNO PLATFORM. SNO AND AFFILIATES ALSO DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SNO PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT SNO AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO SNO (IF YOU ARE A CLIENT) OR TOTAL SERVICE PAYMENTS PAID TO YOU BY CLIENTS (IF YOU ARE A SERVICE PROVIDER), DURING THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

17) Indemnification

You hereby agree to indemnify, defend, and hold harmless Sno and Affiliates from and against any and all Liabilities incurred in connection with (i) your use or inability to use, or your participation on, the Sno Platform; (ii) your participation in Services, or your ability or inability to perform or obtain the performance of Services or to receive payment therefore; (iii) your breach or violation of this Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) your failure to abide by your representations and warranties in Section 2; (vi) any content submitted by you or using your account to the Sno Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vii) if you are a Client, the acts or omissions of any Client’s Agents. Sno reserves the right, in its own sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Sno.

18) Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to, arising from or regarding your use of the Sno Platform, your relationship with Sno, Services, or this Agreement (including previous versions), (a “Dispute”), you and Sno agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating any out of court settlement (such as mediation or arbitration) or court proceeding (except as may be set forth in the Arbitration Agreement). Such informal negotiations will commence upon written notice. Your address for such notices is the one associated with your account, with an email copy to the email address you have provided to Sno. Sno’s address for such notice is:

Attention: Sno Legal PO Box 2743 Denver, CO 80201

PLEASE NOTE: FOR MORE INFORMATION ABOUT DISPUTE RESOLUTION TERMS, PLEASE REVIEW THE ARBITRATION AGREEMENT IN EXHIBIT A, BELOW. THE DISPUTE RESOLUTION SECTION CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION.

19) No Agency; No Employment

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship is intended or created by this Agreement.

20) General Provisions

Failure by Sno to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the complete and exclusive agreement between you and Sno with respect to its subject matter, and supersedes and governs any and all prior agreements or communications except as otherwise specified in the Arbitration Agreement in Exhibit A. However, this Agreement does not supersede other agreements about other subject matter that you may have with Sno. The provisions of this Agreement are intended to be interpreted in a manner which makes them valid, legal, and enforceable. Except for the “Agreement Prohibiting Class Actions and Non-Individualized Relief” provision in the Arbitration Agreement, in the event any provision is found to be partially or wholly invalid, illegal or unenforceable, (1) such provision shall be modified or restructured to the extent and in the manner necessary to render it valid, legal, and enforceable or, (2) if such provision cannot be so modified or restructured, it shall be excised from the Agreement without affecting the validity, legality or enforceability of any of the remaining provisions. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Upon the effective date of the assignment of the Agreement (a) Sno shall be relieved of all rights, obligations and/or liabilities to you arising in respect of events postdating the effective date of the assignment and, (b) the assignee entity shall replace Sno for the performance of this Agreement. This Agreement may not be assigned or transferred by you without our prior written approval. Any assignment in violation of this Section 20 shall be null and void. This Agreement will inure to the benefit of Sno, its successors and assigns. All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the Sno Platform.

21) Licensing

Service Providers alone are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Services. Indeed, certain types of Services and services may be prohibited altogether, and it is the responsibility of Service Providers to avoid such prohibited Services and services. Penalties may include fines or other law enforcement. If you have questions about how national/ state/ provincial/ territorial and local laws apply to your Services and services on the Sno Platform, you should first seek appropriate legal guidance.

Because Sno does not supervise, scope, direct, control, or monitor a Service Provider’s work or performance of Services, Clients must determine for themselves whether a Service Provider has the skills and qualifications necessary to perform the specific Service at hand. Clients may wish to consult their national/state or local requirements to determine whether certain Services are required to be performed by a licensed or otherwise registered professional. Clients may also wish to discuss with their Service Provider any specific hazards, obstacles, or impediments in the Service location (both visible and concealed) that may impact the performance of the Service.

22) Changes to this Agreement and the Sno Platform

Sno reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including the Terms of Service, Privacy Policy, Arbitration Agreement, and Code of Conduct) and review, improve, modify or discontinue, temporarily or permanently, the Sno Platform or any content or information through the Sno Platform at any time, effective with or without prior notice and without any liability to Sno. Sno may also impose limits on certain features or restrict your access to part or all of the Sno Platform without notice or liability.

Sno will endeavor to notify you of material changes to this Agreement by email but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must deactivate your account, and immediately stop using the Sno Platform. Your continued use of the Sno Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

23) No Rights of Third Parties

The provisions of this Agreement are for the sole benefit of the Parties and their permitted successors and assigns, and they will not be construed as conferring any rights to any third party or to give any person or entity other than the User any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement, provided, however, that a Client’s Agent may act in the name of and on behalf of his/her Client.

24) Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms of Service or about the Sno Platform, please contact us by email at [CUSTOMER SERVICE LINK] or by mail to Sno, PO Box 2743 Denver, CO 80201.

25) Consent to Electronic Signatures

By using the Sno Platform, you agree to transact electronically through the Sno Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

 EXHIBIT A

 Arbitration Agreement

1) Dispute Resolution – Arbitration Agreement

  PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND SNO CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT. THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND SNO TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

a) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND SNO MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY

 A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act (“FAA”) and survives the termination of this Agreement and your relationship with Sno.

To the fullest extent permitted by applicable law, you and Sno agree to arbitrate any and all disputes and claims (collectively, “Claim” or “Claims”) relating to, arising from or regarding your use of the Sno Platform, your relationship with Sno, Services, or this Agreement (including previous versions), including Claims by Sno, Claims against Sno and Claims against Sno’s Affiliates (including its parent company).

To the fullest extent permitted by applicable law, this includes, but is not limited to, claims related to payments, any city, county, state or federal wage and hour law, compensation, meal or rest breaks, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, trade secrets, unfair competition, personal injury, property damage or loss, emotional distress, any promotions or offers made by Sno; breach of any express or implied contract or breach of any express or implied covenant; claims arising under federal or state consumer protection laws; claims arising under antitrust laws; claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; claims arising under the Fair Labor Standards Act, Civil Rights Act, Uniform Trade Secrets Act, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Sno and covered by the Employee Retirement Income Security Act or funded by insurance), and state or local statutes, if any, addressing the same or similar subject matters; and all other federal, state or local statutory and common law claims.

If there is a dispute about the arbitrability of any claim (including about the formation, scope, applicability, interpretation, validity, and enforceability of this Arbitration Agreement), you and Sno agree that this threshold dispute shall be resolved by the arbitrator, except as expressly provided below.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU AND SNO ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL DISPUTES AND CLAIMS, UNLESS EXPRESSLY EXCLUDED IN THIS ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT IS INTENDED TO REQUIRE ARBITRATION OF EVERY CLAIM OR DISPUTE THAT CAN LAWFULLY BE ARBITRATED, EXCEPT THOSE CLAIMS AND DISPUTES THAT, BY THE TERMS OF THIS ARBITRATION AGREEMENT, ARE EXPRESSLY EXCLUDED FROM THE REQUIREMENT TO ARBITRATE.

b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and Sno agree that any arbitration will be limited to the Claim between Sno (and/or, if applicable, its Affiliates) and you individually. YOU ACKNOWLEDGE AND AGREE THAT YOU AND SNO ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“Class Action Waiver”). Further, unless both you and Sno otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis. Notwithstanding the foregoing, this Class Action Waiver shall not apply to California Private Attorney General Act Claims, which are addressed separately below.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement or the AAA Rules, disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. In any case in which: (i) the Claim is filed as a class, collective, or representative action and (ii) there is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims, then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

c) Rules and Logistics Governing Arbitration

In order to initiate arbitration, a claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party. The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement, and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Notwithstanding the foregoing, if requested by you and if proper based on the facts and circumstances of the Claims presented, the arbitrator shall have the discretion to select a different set of AAA Rules. You and Sno agree that the arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days after names of potential arbitrators have been proposed, then by a single arbitrator who is chosen by the AAA.

As part of the arbitration, the parties will have the opportunity for reasonable discovery of non- privileged information that is relevant to the Claim(s). The arbitrator may award any individualized remedies that would be available in court. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual Claims. The arbitrator will provide a reasoned written statement of the arbitrator’s decision, which shall explain the award given and the findings and conclusions on which the decision is based.

The arbitrator will decide the substance of all Claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules) subject to the following modifications:

(i) Except as required by law or the applicable AAA Rules, each party shall pay its own attorneys’ fees and pay any costs that are not unique to the arbitration (i.e., costs that each party would incur if the Claim(s) were litigated in a court, such as costs to subpoena witnesses and/or documents, take depositions and purchase deposition transcripts, copy documents, etc.).

(ii) At the conclusion of any arbitration, the arbitrator may award reasonable fees and costs or any portion thereof to the prevailing party, to the extent authorized by applicable law or the applicable AAA Rules.

Unless you and Sno agree otherwise, any arbitration hearings with a Service Provider will take place in the county of the Service Provider’s billing address, and any arbitration hearings with a Client will take place in the county in which the Client received Service services. If AAA arbitration is unavailable in your county, the arbitration hearings will take place in the nearest available location for AAA arbitration.

d) ExceptionstoArbitration

The Arbitration Agreement shall not require arbitration of the following types of claims:

Claims for workers’ compensation, disability insurance and unemployment insurance benefits;

Small claims actions that are within the scope of small claims court jurisdiction and brought on an individual basis;

Applications for provisional remedies, preliminary injunctions, and temporary restraining orders relating to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; and

Claims that may not be subject to arbitration as a matter of generally applicable law not preempted by the FAA.

Nothing in this Arbitration Agreement prevents you from making a report to or filing a claim or charge with the Equal Employment Opportunity Commission, U.S. Department of Labor, Securities Exchange Commission, National Labor Relations Board, or Office of Federal Contract Compliance Programs, or a similar local, state or federal agency, and nothing in this Arbitration

 Agreement shall be deemed to preclude or excuse a party from bringing an administrative claim before any agency in order to fulfill the party’s obligation to exhaust administrative remedies before making a claim in arbitration. This Agreement and Arbitration Agreement do not prevent you from participating in an investigation by a government agency of any report, claim or charge otherwise covered by this Arbitration Agreement and do not prevent you from receiving an award for information provided to any government agencies.

e) Severability

In addition to the severability provisions in Section 1(b), in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed, and the remainder of the Arbitration Agreement shall be given full force and effect.

f) Opt Out of Arbitration Agreement

For Service Providers, you may opt out of the requirement to arbitrate if you have not previously agreed to an arbitration provision in Sno’s Terms of Service where you had the opportunity to opt out of the requirement to arbitrate. If you have previously agreed to such an arbitration provision, you may opt out of any revisions to your prior arbitration agreement made by this version of the arbitration agreement in the manner specified below, but opting out of this arbitration agreement has no effect on any previous, other, or future arbitration agreements that you may have with Sno.

Except as specified in this Arbitration Agreement, if you are a Service Provider, you may opt out of the Arbitration Agreement by notifying Sno in writing within 30 days of your agreement to these Terms of Service. To opt out, you must send a signed written notification to Sno, PO Box 2743 Denver, CO 80201 Attention: Legal, that includes (a) your account username, (b) your name, (c) your address, (d) your telephone number, (e) your email address, and (f) a clear statement indicating that you wish to opt out of the Arbitration Agreement.

g) Service Provider Claims in Pending Class Action

If you are a member of a putative class in a wage and hour class action lawsuit against Sno that is pending as of the effective date of these Terms of Service (a “Pending Class Action”), then this Arbitration Agreement shall not apply to your claims in that particular class action. Instead, your claims in that Pending Class Action shall continue to be governed by the arbitration provisions contained in the applicable Agreement that you accepted prior to this Agreement’s effective date.

2) Telephone Communications and Agreement to be Contacted

a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed

 calls) from Sno and Affiliates, or from independent contractors (including Service Providers) related to promotions, your account, registration, onboarding, upcoming or scheduled Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with Sno, and/or your relationship with Sno . You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Sno may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Sno and Affiliates, or from independent contractors (including Service Providers) even if you cancel your account or terminate your relationship with Sno, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.

b) Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, text STOP to any text message you receive or email opt- out-texts@sno-removal.com and specify that you want to opt out of text messages. You may also text HELP for help. You acknowledge and agree to accept a final text message confirming your opt-out. To opt-out of automated voice calls (not text messages), you must provide Sno with written notice to opt-out-texts@sno-removal.com revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify Sno if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

c) Fees and Charges.

There is no fee to receive automated telephone calls or text messages from Sno, our agents, affiliates, and independent contractors (including Service Providers). However, you may incur a charge for these calls or text messages from your telephone carrier, which is your sole responsibility. Check your telephone plan and contact your carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Sno and its agents, affiliates, and independent contractors (including Service Providers) are not responsible for such charges.

 d) Unauthorized Use of Your Telephone Device.

You must notify Sno immediately of any breach of security or unauthorized use of your telephone device. Although Sno and Affiliates, and independent contractors (including Service Providers) will not be liable for losses caused by any unauthorized use of your telephone device, you may be liable for our losses due to such unauthorized use.

e) Your Indemnification to Sno.

You agree to indemnify Sno and Affiliates, and independent contractors (including Service Providers) for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or its state law equivalent, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify Sno of any changes in your contact information, including telephone number. You agree to indemnify, defend, and hold Sno and Affiliates harmless from and against any and all such claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees). Sno shall have the exclusive right to choose counsel, at your expense, to defend any such claims.

f) General.

You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive calls and text messages. Text messaging may only be available with select carriers with compatible handsets. Your obligations under this Arbitration Agreement will survive termination of the Terms of Service.

3) Worker Classification and Withholdings

Sno does not employ Service Providers. Sno is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with a User’s use of the Sno Platform. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

4) Media and User Generated Content

To the extent permitted by law, you hereby grant Sno a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, sublicensable (through multiple tiers), transferable right to exercise all copyrights, publicity rights, and any other rights you have in (1) your User Generated Content and (2) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other sound effects you provide to Sno (collectively, “Media”) in exchange for use of the Sno Platform, in any media now known or not currently known in order to market, operate, and improve upon the Sno Platform, including but not limited to the right to the following:

Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Media or User Generated Content;

Exhibit, distribute, display, transmit, and broadcast on any and all media (including, without limitation, the internet), any Media or User Generated Content (or portion thereof) or any videotape, film, recording, or photograph (or portion thereof) that such User provides to Sno or that Sno takes of User, and use, reproduce, modify, or creative derivatives of such User Generated Content or Media, including such User’s picture, silhouette and other reproductions of their physical likeness (as the same may appear in any still camera photograph and/or motion picture film or video) (collectively the “Physical Likeness”) in any format and through any distribution channels;

Reproduce in any and all media any recordings of such User’s voice, and any related instrumental, musical, or other sound effects (collectively, the “Voice”), made in connection with the Sno Platform or any Sno promotional campaigns;

Use, and permit to be used, such User’s User Generated Content, Media, Physical Likeness and Voice in the advertising, marketing, and/or publicizing of the Sno Platform in any media, in any format and through any distribution channels; and

Use, and permit to be used, such User’s name and identity in connection with the Sno Platform or any Sno promotional campaigns.

Further, you hereby waive any and all moral rights in connection with the Media (to the extent allowable by law in the country where the Service is performed). Each User warrants and represents that they have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.

Each User acknowledges that Sno shall not owe any financial or other remuneration for using the User Generated Content, Media, Physical Likeness, or Voice provided hereunder by such User, either for initial or subsequent transmission or playback.

Each User hereby waives all rights and releases Sno and Affiliates from, and shall hold harmless against any such parties for, any claim or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such User’s identity, User Generated Content, Physical Likeness, Media, or Voice in connection with the Sno Platform.

5)Background Checks

If a Service Provider, you agree to promptly disclose to Sno in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Sno Platform.

6) Sales Tax Collection and Remittance

In jurisdictions where Sno facilitates the collection and/or remittance of sales tax on behalf of Service Providers, you instruct and authorize Sno to collect taxes on your behalf, and/or to remit such Taxes to the relevant tax authority. You acknowledge and agree that we retain the right to cease the collection and remittance of sales taxes in a particular jurisdiction as permitted by law. You should consult with your own tax advisor to ensure your compliance with all applicable tax reporting requirements.

7) Release

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

If you are not a California resident, you waive your rights under any statute, regulation, or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

Further, in consideration of the services provided by Sno, you hereby release Sno from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities or other harms resulting from or relating to telephone calls or text messages, including without limitation any claims, causes of action, or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).

Sno and Affiliates cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.

8) Governing Law

Except as expressly provided otherwise, this Agreement and your use of the Sno Platform will be governed by, and will be construed under, the laws of the State of Wyoming, without regard to choice of law principles.

   

 EXHIBIT B

CODE OF CONDUCT

1. Client Code of Conduct

Clients may only order service to properties they own, rent, or have permission to grant access to.

Clients may not engage providers for additional or off app services.

Clients may only use one promo code per order.

Clients may be deactivated and banned at any time for any legal reason.

When requesting a refund or Sno credit, Clients must make such request in good faith.

Clients must keep the job site reasonably free of hazards or items that may endanger a provider.

If a Client leaves their car in area they expect to be cleared or in any way hinders the provider from completing the job in a timely manner, no refund or price adjustment will be given.

Clients agree to treat their provider(s) with respect and dignity.

Clients are prompted to select a property size (average and large) when adding a property to their SNO account. They agree to make reasonable effort to give a property size consistent with the provided sizing guide.

Client agrees to provide any needed property access information to providers (i.e., gate codes) via the in-app chat feature.

2. Service Provider Code of Conduct

Service Providers must act and appear friendly and professional when in the presence of a Client, on a Client’s property, communicating with a Client through the app, or communicating with Sno.

Service Providers may not solicit Clients for any other services or upsells.

Service Providers may not solicit, harass, degrade, or make threats to Sno support, employees, affiliates, or Clients.

Service Providers may not represent themselves as an employee or representative of Sno in any way, including wearing/displaying Sno branding or trade dressings on their person or vehicle.

Service Providers are expected to be insured and have vehicle insurance. Service Providers must have a valid driver’s license.

Service Providers must have a smart phone with a working camera capable of taking video and location tracking.

Service Providers must grant device permission for the Sno Platform to send them push notifications and track the device’s location.

Service Providers must take a proof of work photo to submit to Sno through the Sno Platform upon the completion of each job.

Service Providers agree not to publish proof of work videos to the internet or anywhere else.

Proof of work videos are property of Sno and provider releases any copyright claims they have to them upon upload.

Service Providers may not share, publish, or distribute any Client information.

Service Providers may only communicate with Clients through the Sno app.

When possible, upon completion of a job, Service Providers must mark the job as complete in the app from the job site to get an accurate location stamp. Exceptions are made when a job is in a dead zone or area with poor cell phone service.

It is recommended that Service Providers cell phone plan have a high amount or unlimited data usage. Sno will not reimburse for cell phone or data charges.

Service Providers may not misuse, manipulate, or “hack” the app to increase payouts or job offer frequency or for any other reason.

Service Providers will only use job specific appropriate equipment.

Service Providers may not brush off Client vehicles.

Service Providers are responsible for providing and maintaining their own equipment.

A timeframe will be displayed in each job offer. Morning, Afternoon, Evening, and Overnight. These include a time deadline (Before 9am, Before 4pm, Before 9pm, Before 5am). Service Providers must complete the job prior to the timeframe deadline.

Service Providers must only accept jobs that they believe are correctly priced. Sno will not make post job payout adjustments.

Job offers are first come first serve.

It is the Service Provider’s responsibility to provide Sno with accurate banking information

to receive payouts with.

Service Providers may not cancel a job while and after it is in the “In Progress” status.

Service Providers must be at least 18 years of age and only provide accurate personal information to Sno.

Service Providers agree not to wear, display on their person or vehicle, or in anyway make visible to Clients any clothing, sign, sticker, flag, or any item that can be reasonably interpreted as offensive, obscene, lewd, racially charged, politically charged, or disturbing while performing jobs with Sno.

Service Providers agree not to use foul or inappropriate language when interacting with Clients.

Service Providers agree to not solicit Clients to sign petitions, make donations, or support any political, social, or charitable causes.

Service Providers may not ask Clients to connect provider’s device to the Client’s WiFi or accept a Client’s offer to connect to their WiFi.

Service Providers may not directly collect any sort of compensation from Clients.

Service Providers agree to not discuss Sno with the press unless given express permission

by Sno.

Service Providers agree to respect Clients’ property and animals on the property.

Service Providers agree to never feed or play with any animals they encounter while working on a Sno job.

In the event a Service Provider cannot access a property or complete a job safely, they must immediately leave the property and notify Sno support.

Service Providers agree that they are solely responsible for their own safety and to reasonably make use of safety equipment.

Service Providers agree to not discuss non-job-related topics with Clients.

Service Providers may be deactivated and banned from using SNO at any time for any reason. In the event of deactivation, all pending payouts will be initiated immediately. Reinstatement is solely at Sno’s discretion.

Service Providers may not share their SNO login credentials with anyone.