2. Venue Disclaimers
A. The Service is a neutral venue that allows customers to find movers including junk haulers. There are two types of accounts: Users and Providers. Users can post a move or junk hauling request and enter in details along with photos. User can see a list of all the jobs they have posted. Each Provider gets notified of the new job request. Providers may submit quotes and request more information about the job. All providers are licensed. Payments for jobs successfully completed are collected by the Provider directly from the User. The scope of the Service is limited to helping Users find Providers to do their job. As such the Service is not responsible for any damages or other User claims that occur during the job. The Users should contact the Provider directly for such claims. Our Service Users can rate the Providers and leave feedback based on the service provided.
B. The Service uses GPS tracking to identify the Provider’s location and show a list of jobs
D. WE ARE NOT A TRANSPORTATION CARRIER AND WE DO NOT PROVIDE TRANSPORTATION SERVICES. THIRD PARTY TRANSPORTATION PROVIDERS (AND/OR THEIR INSURANCE CARRIERS) ARE SOLELY RESPONSIBLE FOR THE MOVING AND HAULING SERVICES THEY OFFER THROUGH OUR SERVICE. WE ARE NOT RESPONSIBLE FOR THE SAFETY OR QUALITY OF SERVICES OFFERED BY THE TRANSPORTATION PROVIDERS. BACKGROUND CHECKS CONDUCTED ON THE PROVIDERS MAY NOT BE EXHAUSTIVE. IT IS YOUR SOLE RESPONSIBILITY TO TAKE ALL NECESSARY SAFETY PRECAUTIONS WHEN DEALING WITH THE PROVIDERS. WE ASSUME NO LIABILITY FOR ANY SERVICES OFFERED ON, OR PERFORMED THROUGH, OUR SERVICE.
E. WE DO NOT VERIFY THE TRUTH OR ACCURACY OF SUBMITTED LISTINGS, REVIEWS, INFORMATION OR CONDUCT. THEREFORE, WE DISCLAIM ALL LIABILITY ARISING OUT OF OR RELATED TO LISTINGS, REVIEWS, INFORMATION, AND ACTIVITIES. OUR ONLINE VENUE IS PROVIDED “AS-IS” WITH NO WARRANTIES OF ANY KIND.
3. Intellectual Property
a. IP Ownership. We own all intellectual property rights to the Service. Service contents, features and functionality (such as all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. You must not remove, modify or conceal any copyright or other notices contained on the Service.
b. Copyright Infringement. We respect the intellectual property rights of others. All claims of copyright infringement on our Service will be investigated if reported to email@example.com. If we believe that any content violates any applicable law, we will remove or disable access to any infringing content and/or terminate or suspend the offending party’s account.
4. Your Obligations
(a). You are responsible for making all arrangements necessary for you to have access to the Service.
(b). Providers must keep their licenses and insurance policies up to date. We assume no liability for expired licenses and lapsed/insufficient insurance coverages.
(c). Providers agree to perform all services to the highest professional standard.
(d). By submitting listings, reviews, feedback or any other content to the Service, you represent and warrant that you have full legal right to submit such content without violating any law, infringing upon the rights of any third party, including, without limitation, copyright, privacy, publicity or other rights.
(e). You must only submit truthful, accurate, not misleading content and feedback.
(f). You must treat all your login credentials confidential. Do not disclose them to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
5. Prohibited Conduct You must not:
(a). Access the Service if you are under 18 years of age.
(b). Use the Service for any illegal purpose, to violate anyone’s rights, including, without limitation, copyright, privacy and publicity rights.
(c). Use offensive language, submit any abusive, defamatory, obscene, threatening, harassing, racially offensive, or similar material we deem objectionable.
(d). Access the Service to build a competing service.
(e). Post false reviews, use a false name or impersonate any other person.
(f). Repost content that was already erased
(g). Send spam, promotional materials.
(h). Stalk, harass or annoy others.
(i). Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer or database connected to the Service.
(j). Introduce any viruses or other harmful code of any kind, use any device, software or routine that interferes with the proper working of the Service.
(k). Otherwise attempt to interfere with the proper working of the Service or anyone’s use and enjoyment of it.
6. Monitoring and Enforcement; Termination
(a) We have the right to take any action that we deem necessary or appropriate for violation of these Terms. We may:
i. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Service.
ii. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
iv. Block violator’s IP address and/or notify his or her Internet Service Provider
i. Take appropriate legal action.
(b) As a neutral venue, we do not provide mediation, arbitration or other forms of resolving disputes between Users and Providers. Nevertheless, we reserve the right to facilitate disputes in any way we deem appropriate.
(c) We may withdraw or change our Service in any way we deem appropriate without prior notice to you. We are not liable if for any reason all or any part of the Service is unavailable at any time or for any period.
7. Disclaimer of Warranty
You agree that all content uploaded, posted on, transmitted through, or linked from the Service, is the sole responsibility of the originator of such content and links. SERVICE AND ITS CONTENT ARE PROVIDED “AS IS,” WITH NO WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. THE USE OF AND RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT MADE AVAILABLE.
8. Limitation of Liability
a. IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY CONTENT ON THE SERVICE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
b. IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE COMMISSION COLLECTED OR $200, WHICHEVER IS LESS. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX (6) MONTHS FROM THE DATE THE UNDERLYING CAUSE OF ACTION OCCURRED.
a. Relationship of the Parties. These Terms do not create any agency, joint venture, partnership, employer-employee relationship. All parties are independent contracting parties.
e. Linking. You may link to our Service in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
f. Governing Law and Jurisdiction. The Service is governed by, and construed in accordance with, the laws of California, with the exclusion of its principles of conflicts of laws which would permit the application of laws of another jurisdiction. Any litigation, dispute or claim arising from or related to the use of the Service shall be subject to the jurisdiction of the courts sitting in San Francisco, CA and you hereby accept to submit to the exclusive jurisdiction of those courts.
i. Contact Us. All feedback, comments, requests for technical support and other communications relating to the Service should be directed to our customer service representative at firstname.lastname@example.org.