TERMS AND CONDITIONS

Welcome to the Sand Creek of Minnesota, LLC (“Sand Creek”) platform. By accessing and using it, you (“You”) are agreeing to these Terms of Access and Use (“Terms”).  Please read them carefully. If you have any questions, contact us at info@minnesotasnow.com

These Terms were last updated on ___August 28th_____________, 2023

These Terms govern your access and use of any website or mobile application owned or operated by Sand Creek (all websites or applications are collectively referred in this document as the “Site”). Your use of the Site is also governed by the Sand Creek Privacy Policy, which is incorporated herein.  Sand Creek may modify these Terms and the Privacy Policy at any time without notice, and we encourage you to review them because any modifications will be binding on you. When you access the Site, you accept the version of the Terms of Use and the Privacy Policy then in effect without limitation or qualification.

Use and Restrictions.

We provide the Site solely as a convenience to you, and you may not use it for commercial use. All product descriptions, other text, graphics, documents, files, videos and other content (collectively “Content”) on the Site is provided for informational purposes only, and may be subject to change at any time.  We do not warrant that any Content represents the most current or accurate information on any offering.  Other than for your own personal use of the Site, as expressly permitted in these Terms, you are prohibited from accessing or attempting to access any systems or servers on which the Site is hosted or modify or alter the Site in any way

Eligibility

To use the Site, you must (i) accept and comply with these Terms; (ii) be at least 18 years of age, and by using the Site you acknowledge that all fees collected by Sand Creek are non-refundable, except as provided elsewhere within the Site.  To use certain features of the Site, you may be required to create an account and provide certain personal information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur relating to your account. You must immediately notify us if you learn of any unauthorized use of your account. When you create an account, you are agreeing that we may share certain information about you and with you. See the Sand Creek Privacy Policy for more information.

Copyright and Trademarks

The Content and the Site are the sole property of Sand Creek and its licensors, and may be protected by copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms or with Sand Creek’s express written consent. You must not modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content.  All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Sand Creek, its subsidiaries and affiliates, or such marks’ respective owners. You cannot display or reproduce the Marks other than with the prior written consent of Sand Creek. You cannot remove or otherwise modify any trademark notices or other proprietary notices from any Content.

If you upload Content to any public areas of the Site, you agree that we may modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, or transfer any such content on the Site or any other platform. We may remove content that you upload at any time. You must not upload any Content that infringes the intellectual property rights of any third party, and you agree to defend, indemnify and hold Sand Creek and its affiliates harmless from and against any liabilities, in any form, associated with a claim that Content that you upload infringes any third party intellectual property rights.

If you believe that a user has uploaded material to our site that infringes your intellectual property rights, you can send us your copyright and trademark notices in the following ways:

By courier or mail:

Sand Creek of Minnesota, LLC

6757 West 195^th Street

Jordan MN 55352

By email:

__info@minnesotasnow.com_______________

We will make every attempt to respond to such notices as required by law. We reserve the right to remove infringing or allegedly infringing content for any reason without prior notice. All notices must:

• Identify the material that allegedly infringes copyright or trademark laws, and the specific location on the Site where it is found and the dates it was found there.
• Affirmatively state that you believe that the use of the content identified in your notice is not authorized by the copyright/trademark owner, its agent, or the law;
• State that you attest, under penalty of perjury, that the information in your notice is accurate to the best of your knowledge and that you are the copyright/trademark owner, agent, or authorized to act on the owner’s behalf; and
• Include your written or electronic signature and contact information. We will respond to all such notices and make every attempt to comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion.

Modifications

We may close your account, discontinue services and discontinue offering the Site or any of its functions, or modify any offerings at the Site at any time without notice. Any Content offered or posted on the Site is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. As noted above, Sand Creek reserves the right, at any time and from time to time, without notice, to modify, alter, or update these Terms of Use and its Privacy Policy.  Your continued use of the Site after such modifications, alterations or updates affirms your agreement to be bound by such modifications, alterations or updates.  Sand Creek may also make improvements and/or changes in the Site or any portion of it at any time without notice or obligation to you.

Additional Terms

Sand Creek is granted full rights to take pictures of work performed, install driveway markers and yard signs, which shall be removed at the end of the snow season.  Sand Creek reserves the right to refuse service for any reason and to cancel service due to a full schedule, problems with payments (disputed, delayed) and service will not commence (subject to the 48 hour restriction below) until payment is received in full.  Sand Creek shall not provide any services for 48 hours after receiving an order, for the purpose of verifying new customer’s addresses, contact information, status of driveway (no gravel driveways are eligible for service) and to confirm payment.

CONTRACTOR = Sand creek Services of Minnesota LLC

1. The customer undertakes to inform contractor of any damage caused to the property within 24 hours of becoming aware of said damage and before May 15 2023.
2. The customer undertakes to inform contractor of any damage caused to the property within 24 hours of becoming aware of said damage and this before May 15, 2023.
3. The customer undertakes not to have any repairs carried out and not to take any action in order to obtain compensation before contractor has been able to ascertain for himself the
   damage to property. Contractor has right to have an estimate of the damage to property and that the parties meet to discuss the most advantageous solution in order to repair the damaged property owned by the customer.
4. The contractor is not responsible for damage caused to the landscaping (such; low wall, border, plantings, water valve, electric wires, etc.).
5. The contractor is not responsible for any damage caused to lamp posts located along the driveway, within the property or in the landscaping. The client must notify
   the contractor if he has a lamppost and provide him with a written release.
6. If the customer cancels the contract, the contractor reserves the right to withhold the 1st installment or to pro-rate the charges and charge an administration fee of $50.
7. The contractor reserves the right to terminate the contract at any time upon 10 days written notice to the customer. In such a case, contractor is entitled to payment of the price for the services rendered until the date of such termination.
8. It is the customer’s responsibility to keep their parking space or driveway clear of obstructions to allow the contractor to perform the service properly. No object will be moved by the driver (for example: garbage cans, recycling bin, etc.). The contractor is not responsible for damage caused to objects obstructing the parking area or driveway (e.g. extension cords, Christmas lights/decorations, garbage can, recycling bin, etc.) and accepts no responsibility for the loss or damage to these objects or by these objects.
9. The customer is responsible for ensuring that the water main shut off valve IF located in the driveway or parking lot area is properly lowered. If it needs to be lowered it is customer responsibility to contact local public works office to complete. Contractor is NOT responsible for damage to water main shut off valve.
10. The contractor is not responsible for blown stone on the ground
11. The customer must keep their parking lot/driveway de-iced at all times in order to avoid any incident. The contractor reserves the right to temporarily suspend the snow removal service if the parking lot / driveway are icy and / or certain obstacles make the service unsafe.
12. The contractor is not responsible for accumulations of snow on the porch, steps, edges of windows, etc. that could occur during snow removal service
13. Contractor is not responsible for accumulations of snow and / or ice left in your driveway by city snow plows during street de-icing and / or sidewalk cleaning 16 hours after
    the precipitation has stopped. .
14. Fiberglass snow stakes installed by the contractor are the property of the contractor and will be collected at the end of the season or upon termination of contract.
15. No verbal violence will be tolerated towards any employee and the company reserves the right to stop snow removal services for customers who do not respect this clause.
16. Snow clearing means blowing snow from a described physical area to any permissible area nearby. Stacking or hauling of snow, sanding, salting, de-icing or hand shoveling is not included in this contract unless otherwise specified.
17. Snow clearing will commence after snow fall has stopped. The timing of service visits will vary from storm to storm. The Contractor shall be permitted to remove snow from your property at any time. If inadequate space exists on a client’s property for snow storage, whether it be at the onset of the season or as season progresses, the client agrees to let the Contractor use space on the side of the driveway or to make alternate arrangements for snow storage with an adjoining neighbor.
18. The term of this contract is from November 1st 2023 to May 30th 2024 of the indicated season, or up to a total accumulation of 130inch (11ft) of snow. The customer agrees to pay a surcharge on a per inch basis proportional to the amount of the contract should we exceed 130 inch. (i.e. $449/130 = $/inch X excess inch’s of snow) *Note that we have never invoked a surcharge and have no intentions of doing so. This clause simply ensures our survival increase of a once in a lifetime winter.*
19. If vehicles are parked in driveway when snow clearing is to commence, snow will only be cleared from accessible areas that open into the street.
20. The Contractor shall not be held responsible for damages to objects in the designated snow removal area including, but not limited to: basketball nets, garbage cans, recycling bins, plant pots, toys, hockey sticks, extension cords, Christmas lights, etc. Please remove all articles from the driveway prior to each snowstorm.
21. Basketball nets must be turned or elevated to at least 10 feet to provide adequate clearance for tractors. Please have gutter downpipe extensions removed prior to the commencement of the winter season. Elevated water main caps in driveways should be hammered down level with the surrounding surface. The client may either do this him/herself, or contact us or the City.
22. The Contractor will install 2 border markers on the street side of the driveway prior to the snow removal season. It is the client’s responsibility to supply and install additional markers around immovable objects such as retaining walls, steps, elevated patio stones, wheelchair ramps, etc., which may become invisible when covered by snow.
23. The Contractor will not be liable for any scratches, rust marks or damage caused to heaved, chipped or uneven asphalt or interlock surfaces. The Contractor shall not be held responsible in any way for damages due to icy or slippery conditions.
24. Walkway shoveling service, if included in this contract, is performed overnight separately from the driveway service and will begin at the end of each snowfall of 1.5” or more. This service does not include the removal of snow accumulation resulting from roof cleaning, drifting snow, or the removal of ice from the walkway resulting from freezing rain, sleet or compaction. Shoveling of snow in front of garage doors as well as the front steps/walkway is included with walkway services, however excessively large porch areas or back decks may entail additional charges. Shovel crews may take up to 24 hours from the end of the snowfall to complete their routes.
25. In default of any payment, or upon the breach of any of the conditions herein on the part of the client, this contract shall be rendered null and void. The Contractor shall be released from all liability and shall not be required to perform any further services under this agreement. Should the Contractor be proven to be in breach of any of the conditions herein, this contract may be canceled by the client and reimbursed for any amounts prepaid. In the event of sale or re-occupation of the client’s house, this contract will not be canceled or refunded, but may be transferred into the name of the new occupants or transferred to the new location if it is within our current service area.

Warranties and Disclaimer

THE SITE AND ANY CONTENT PROVIDED VIA THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAND CREEK AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, MALICIOUS CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SAND CREEK DOES NOT REPRESENT OR WARRANT THAT THE SITE, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE.  AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO SAND CREEK THAT YOU WILL NOT USE THE SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

Limitation of Liability

SAND CREEK AND ITS AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND THIRD PARTY VENDORS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY INJURIES OR DEATH FROM SLIP AND FALL AS A RESULT OF SNOW, ICE AND OTHER FACTORS.  YOU SHALL ALSO INDEMNIFY, DEFEND AND HOLD SAND CREEK, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, FROM ANY AND ALL DAMAGE DONE TO PAVEMENT, DRIVEWAYS,  LANDSCAPING, LAWNS AND SHRUBBERY AS A RESULT OF SNOW REMOVAL DONE BY SAND CREEK.

SAND CREEK SHALL HAVE NO LIABILITY FOR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT YOU HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH THE SERVICES PROVIDED, YOUR USE OF THE SITE OR ANY CONTENT ON THE SITE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  OUR MAXIMUM LIABILITY TO YOU WILL BE LIMITED TO) THE AMOUNT THAT YOU PAY TO SAND CREEK FOR SERVICES.

Governing Law

These Terms and the relationship between you and Sand Creek will be governed by the laws of the state of Minnesota, without giving effect to principles of conflict of laws of any jurisdiction. By using the Site, you agree that all disputes, litigation, court proceedings, arbitration proceedings, mediation proceedings, and other actions initiated in connection with the Site or the Content must and will be venued exclusively in Scott County, Minnesota.

Miscellaneous

If any provision of these Terms or the Privacy Policy is held to be invalid, illegal or unenforceable in any respect, such determination will not affect the effectiveness or validity of any provision, and these Terms and the Privacy Policy will be reformed, construed and enforced in such jurisdiction as if such provision were excluded. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sand Creek as a result of these Terms, our Privacy Policy or any use of the Site.  Sand Creek’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Sand Creek’s right to comply with law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sand Creek with respect to such use.  These Terms, our Privacy Policy and our Disclosure constitute the entire agreement between you and Sand Creek with respect to the Site, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sand Creek with respect to the Site.