Terms of Service

Last Updated: November 9, 2025

IMPORTANT LEGAL NOTICE: Please read these Terms carefully. By using NantucketPros, you agree to these Terms and acknowledge that we are a marketplace platform only and assume no liability for services provided.

1. ACCEPTANCE OF TERMS

By creating an account, accessing, or using NantucketPros.com (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform.

NantucketPros operates solely as a marketplace platform connecting homeowners with service providers. WE ARE NOT A SERVICE PROVIDER AND DO NOT EMPLOY, RECOMMEND, ENDORSE, OR ASSUME ANY RESPONSIBILITY FOR ANY SERVICE PROVIDER OR THE SERVICES THEY PROVIDE.

2. DEFINITIONS

"Platform" refers to NantucketPros.com and all related services
"Homeowner" refers to any user seeking services through the Platform
"Service Provider" or "Business Owner" refers to any individual or business offering services through the Platform
"Services" refers to any work, labor, or services arranged through the Platform
"We," "Us," "Our" refers to NantucketPros and its operators

3. NATURE OF PLATFORM

3.1 Marketplace Only

NantucketPros is a technology platform that facilitates connections between Homeowners and Service Providers. We:

DO NOT provide home services
DO NOT employ or control Service Providers
DO NOT supervise, direct, or control Services performed
DO NOT verify qualifications, licenses, insurance, or background of Service Providers beyond basic account verification
DO NOT guarantee the quality, safety, legality, or timing of any Services
ARE NOT responsible for the actions, conduct, or omissions of any user

3.2 Independent Contractors

All Service Providers are independent contractors. No employment, agency, partnership, joint venture, or franchise relationship exists between NantucketPros and any Service Provider or Homeowner.

4. HOMEOWNER RESPONSIBILITIES AND AGREEMENTS

4.1 Homeowner Obligations

As a Homeowner, you acknowledge and agree that:

1. Due Diligence:

You are solely responsible for:

Evaluating Service Providers before booking
Verifying licenses, insurance, qualifications, and references
Ensuring Service Providers are qualified for the work
Confirming compliance with local laws and regulations
Obtaining necessary permits for work performed

2. Direct Relationship:

Any contract for Services is directly between you and the Service Provider. NantucketPros is not a party to this agreement.

3. Property Access:

You are responsible for:

Securing your property and belongings
Providing safe working conditions
Supervising work as you deem necessary
Any damage or loss occurring on your property

4. Payment:

You agree to:

Pay for Services as agreed with the Service Provider
Resolve all payment disputes directly with the Service Provider
Be responsible for any chargebacks, fees, or penalties

4.2 Homeowner Assumption of Risk

You expressly assume all risks associated with:

Quality and completion of Services
Damage to property or belongings
Personal injury or death
Non-compliance with building codes or regulations
Defective or incomplete work
Any disputes with Service Providers

5. SERVICE PROVIDER RESPONSIBILITIES AND AGREEMENTS

5.1 Service Provider Obligations

As a Service Provider, you acknowledge and agree that:

1. Professional Qualifications:

You represent and warrant that you:

Hold all necessary licenses, permits, and certifications required by law
Maintain adequate liability and workers' compensation insurance
Comply with all applicable federal, state, and local laws and regulations
Have the skills, equipment, and experience to perform Services safely and competently
Are financially and legally responsible for all work performed

2. Independent Operation:

You are an independent contractor and are solely responsible for:

How, when, and where Services are performed
All tools, equipment, materials, and labor
All taxes, insurance, and business expenses
Hiring and supervising any employees or subcontractors
Compliance with employment laws and regulations

3. Customer Relations:

You are solely responsible for:

All communications with Homeowners
Scheduling and performing Services
Quality and safety of all work
Resolving disputes and complaints
Honoring warranties or guarantees you provide

5.2 Service Provider Assumption of Risk

You expressly assume all risks associated with:

Performance of Services
Property damage or personal injury claims
Professional liability and errors or omissions
Employee or subcontractor issues
Equipment failure or accidents
Payment disputes with Homeowners

6. MUTUAL USER RESPONSIBILITIES

6.1 Account Security

You are responsible for:

Maintaining confidentiality of your account credentials
All activity occurring under your account
Notifying us immediately of unauthorized access

6.2 Prohibited Conduct

You may not:

Provide false, misleading, or inaccurate information
Impersonate any person or entity
Engage in fraudulent, illegal, or harmful activities
Harass, threaten, or harm other users
Attempt to circumvent Platform fees by conducting transactions off-platform
Scrape, copy, or misuse Platform content or data
Violate any applicable laws or regulations

7. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

NO WARRANTY OF SERVICE QUALITY: We make no representations about the quality, safety, legality, or reliability of any Services or Service Providers
NO WARRANTY OF AVAILABILITY: We do not guarantee the Platform will be uninterrupted, secure, or error-free
NO WARRANTY OF ACCURACY: We do not warrant that information on the Platform is accurate, complete, or current
NO WARRANTY OF FITNESS: We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement

8. LIMITATION OF LIABILITY

8.1 No Liability for Services

NANTUCKETPROS SHALL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO:

Services performed or not performed by Service Providers
Quality, safety, legality, or timeliness of Services
Actions, omissions, or conduct of any user
Property damage, personal injury, or death
Defective work, incomplete projects, or code violations
Payment disputes between users
Breach of contract by Service Providers or Homeowners
Loss of data, profits, or business opportunities

8.2 Maximum Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR USE OF THE PLATFORM SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN PLATFORM FEES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

8.3 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business
Loss of data or information
Cost of substitute services
Property damage or personal injury
Emotional distress or reputational harm

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

9. INDEMNIFICATION

9.1 Homeowner Indemnification

You agree to indemnify, defend, and hold harmless NantucketPros, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:

Your use of the Platform
Services performed on your property
Your breach of these Terms
Your violation of any laws or regulations
Any disputes with Service Providers
Any property damage or personal injury occurring on your property

9.2 Service Provider Indemnification

Services you perform or fail to perform
Your breach of these Terms
Your violation of any laws, regulations, or professional standards
Any property damage or personal injury caused by your Services
Claims by your employees, subcontractors, or clients
Your failure to maintain proper licenses, permits, or insurance
Any defective, incomplete, or non-compliant work
Any disputes with Homeowners or third parties

10. DISPUTE RESOLUTION

10.1 User Disputes

All disputes between Homeowners and Service Providers must be resolved directly between the parties. NantucketPros has no obligation to mediate, resolve, or become involved in any user disputes.

10.2 Mandatory Arbitration

Any dispute between you and NantucketPros arising from these Terms or use of the Platform shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action lawsuit.

10.3 Governing Law

These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles.

10.4 Venue

Any arbitration or legal proceedings shall take place in Nantucket County, Massachusetts.

11. INSURANCE AND LICENSING

11.1 Service Provider Requirements

Service Providers represent and warrant that they maintain:

General liability insurance with minimum coverage of $1,000,000 per occurrence
Workers' compensation insurance as required by law
All necessary professional licenses and certifications
Any additional insurance required for specific Services

NANTUCKETPROS DOES NOT VERIFY INSURANCE OR LICENSES. HOMEOWNERS MUST INDEPENDENTLY VERIFY COVERAGE.

11.2 No Insurance Provided

NantucketPros does not provide insurance coverage for any Services, damages, or injuries. Each party is responsible for obtaining their own insurance.

12. PAYMENTS AND FEES

12.1 Platform Fees

We may charge fees for use of the Platform. All fees are non-refundable unless otherwise specified in writing.

12.2 Payment Processing

If we process payments on behalf of Service Providers:

We act only as a payment facilitator
We do not guarantee payment collection or delivery
We are not liable for payment processing errors, delays, or failures
Chargebacks and disputes are handled according to payment processor policies

12.3 Taxes

Each party is responsible for all taxes associated with their use of the Platform and any transactions conducted through it.

13. INTELLECTUAL PROPERTY

All content on the Platform, including text, graphics, logos, and software, is owned by NantucketPros or its licensors and protected by intellectual property laws. You may not copy, reproduce, or misuse Platform content without written permission.

14. PRIVACY

Your use of the Platform is subject to our Privacy Policy, which is incorporated into these Terms by reference.

15. MODIFICATIONS TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Platform. Your continued use of the Platform after changes constitutes acceptance of the modified Terms.

16. TERMINATION

16.1 Our Right to Terminate

We may suspend or terminate your account at any time, with or without cause, with or without notice. We have no liability for any termination.

16.2 Your Right to Terminate

You may terminate your account at any time by contacting us. Termination does not relieve you of obligations incurred before termination.

16.3 Effect of Termination

Upon termination:

Your right to use the Platform immediately ceases
You remain liable for all obligations and liabilities incurred
Sections 7-11 and 13-19 survive termination

17. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and NantucketPros and supersede all prior agreements, understandings, and communications.

18. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

19. NO WAIVER

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

20. ACKNOWLEDGMENT AND ACCEPTANCE

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT:

You have read and understand these Terms
You agree to be bound by these Terms
You understand that NantucketPros is a marketplace platform only
You assume all risks associated with Services booked through the Platform
You release NantucketPros from all liability related to Services, user conduct, and transactions
You are solely responsible for evaluating Service Providers and ensuring proper licenses, insurance, and qualifications
You will resolve all disputes directly with other users without involving NantucketPros
You waive any claims against NantucketPros for damages, losses, or injuries

21. CONTACT INFORMATION

For questions about these Terms, contact:

NantucketPros

owenhudsondesign@gmail.com

(508) 221-2384

This is a legal document. If you do not understand any provision, consult with an attorney before accepting.