BURRO TERMS OF SERVICE
The terms and conditions stated herein (collectively, the "Agreement") constitute a legal agreement between you and Burro Technologies Inc., d/b/a Burro, a Delaware corporation whose principal office is located at 3505 WestChester, Unit A, Austin TX 78759 (the "Company"). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by the Company (collectively, the "Service"), and downloading, installing or using any associated application supplied by the Company, including the entire Burro website at http://www.getburro.com (the “Website”), which purpose is to enable you to use the Service (collectively, the "Application"), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at www.getburro.com/tos.html or through the Service.
The Company reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes. This Agreement applies to all users of the Application, including users who are also contributors of information and other materials or services on the Website. This Agreement applies to all aspects and features of the Website.
The Website may contain links to third-party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Company from any and all liability arising from your use of any third-party website.
2. ABOUT OUR SERVICES
The capabilities of the Application include, but are not limited to:
Please refer to the Website for further information about the Services, including information regarding pricing, which may vary depending on the Service provided. Furthermore, the Website contains important information about the eligibility of Users’ goods, items, parcels, junk, or other chattels (the “User Items”) for the Services. We recommend all Users review the Website carefully to ensure that their User Items are eligible for the Services.
FOR CLARITY, IN ADDITION TO ANY STIPULATIONS ON THE WEBSITE, THE BURRO SERVICES CANNOT BE USED IN CONNECTION WITH ANY OF THE FOLLOWING ITEMS (THE “INELIGIBLE ITEMS”), INCLUDING BUT NOT LIMITED TO: BATTERIES, LIQUIDS OF ANY KIND, HOUSEHOLD CHEMICALS, PAINT, MOTOR OIL, USED OIL FILTERS, TELEVISIONS, COMPUTERS, AUTO PARTS OF ANY KIND, FLORESCENT LIGHT BULBS, OR OTHER HAZARDOUS MATERIALS. THIS LIST OF INELIGIBLE ITEMS MAY NOT BE COMPREHENSIVE AND MAY CHANGE FROM TIME TO TIME, AT THE DISCRETION OF THE COMPANY.
THE COMPANY DOES NOT PROVIDE TRANSPORTATION, LOGISTICS, MOVING, HAULING OR COURIER SERVICES, AND THE COMPANY IS NOT A TRANSPORTATION CARRIER, MOVER, LABORER, HAULER OR COURIER. IT IS UP TO THE THIRD PARTY COURIER, TRUCK RENTAL SERVICE, FREE TRANSPORTATION, PAID TRANSPORTATION OR LOGISTICS PROVIDER, DRIVER OR VEHICLE OPERATOR (THE “SERVICE PROVIDER”) TO OFFER COURIER, LABORER, MOVING, TRUCK RENTAL, PAID TRANSPORTATION OR FREE TRANSPORTATION SERVICES WHICH MAY BE SCHEDULED THROUGH USE OF THE APPLICATION OR SERVICE. THE COMPANY OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH THIRD PARTY COURIER, TRUCK RENTAL SERVICE, LABOR, FREE TRANSPORTATION, PAID TRANSPORTATION OR LOGISTICS SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A COURIER, MOVER, LABORER, TRUCK RENTAL SERVICES OR TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY COURIER, TRUCK RENTAL, OR TRANSPORTATION SERVICES PROVIDED TO YOU BY SUCH THIRD PARTY SERVICE PROVIDERS.
3. KEY CONTENT-RELATED TERMS
“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
“Company Content” means Content that the Company makes available through the Service or Application, including any Content licensed from a third party, but excluding User Content.
“User” means a person who accesses or uses the Service or Application.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Service or Application.
“Collective Content” means, collectively, Company Content and User Content.
4. REPRESENTATIONS AND WARRANTIES
By using the Application or Service, you expressly represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. By using the Application or the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. Your participation in using the Service and/or Application is for your sole, personal use. You may not authorize others to use your user status, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Application or Service.
You may only access the Service using authorized means. It is your responsibility to check to ensure you download the correct Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
By using the Application or the Service, you agree that:
5. LICENSES GRANTED BY COMPANY TO COMPANY CONTENT AND USER CONTENT
Subject to your compliance with the terms and conditions of this Agreement, Company grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any Company Content solely for your personal and non-commercial purposes; and (ii) to view any User Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service, Application or Collective Content, except as expressly permitted in this Agreement. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted in this Agreement.
6. LICENSE GRANTED BY USER
The Company may, in its sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Service or Application, you hereby grant to Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Service or Application. The Company does not claim any ownership rights in any User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service or Application. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all User Content that you make available through the Service or Application or you have all rights, licenses, consents and releases that are necessary to grant to Company and to the rights in such User Content, as contemplated under this Agreement; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Company’s use of the User Content (or any portion thereof) on, through or by means of the Service or Application will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You grant the Company and its THIRD PARTY DRIVER OR DRIVERS, permission to photograph and/or film and sound record you, any individuals or residents present, the pickup location and drop-off location house or business, and any goods and furthermore grant permission to use the resulting work ("the Work") according to the terms stated hereunder: 1. Any permission granted to the company, THIRD PARTY DRIVER or DRIVERS shall extend to his/her successors, legal representatives, licensees and assigns and shall be irrevocable and perpetual without any further or additional claim for compensation by you. 2. Use of the Work shall be unrestricted as to location, quantity or frequency, may be for any purpose and in any medium whatsoever, whether foreseen or unforeseen at this time, except where such use is in contravention of the law. 3. Permission is specifically granted for the Work to be edited, altered, distorted, used in whole or in part, in conjunction with other images, graphics, text and sound in any way whatsoever and without restrictions. 4. Permission herein granted is absolute and final and shall not be subject to further inspection or approval by you at any stage in the use of the Work. 5. Use of the Work may be in conjunction with the your own or fictitious names.
7. APPLICATION LICENSE
In addition, you shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.
Unless a device has been provided to you by the Company with this Application installed thereon, you must provide at your own expense the equipment, Internet connections or devices and/or service plans to access and use this Application. The Company does not guarantee that this Application can be accessed on all devices or wireless service plans. The Company does not guarantee that this Application is available in all geographic locations. You acknowledge that when you use this Application, your wireless carrier may charge you fees for data, messaging and/or other wireless access. Check with your carrier to see if there are any such fees that apply to you. YOU ARE SOLELY RESPONSIBLE FOR ANY COSTS YOU INCUR TO ACCESS THIS APPLICATION FROM YOUR DEVICE. The Company will use reasonable efforts to make the Application available at all times, provided, however, you acknowledge that the connection between the Application and the Website server is provided via the Internet and mobile networks and thus the quality and availability of the connection may be affected by factors outside the reasonable control of the Company.
8. COPYRIGHT POLICY
The Company respects copyright law and expects its users to do the same. It is the Company’s policy to terminate in appropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
9. PAYMENT TERMS
Any fees that the Company may charge you for the Application or Service are due immediately and are non-refundable. This no refund policy shall apply at all times regardless of your decision to terminate your usage, our decision to terminate your usage, disruption caused to our Application or Service either planned, accidental or intentional, or any reason whatsoever. The Company reserves the right to determine final prevailing pricing - Please note the pricing information published on the website may not reflect the prevailing pricing.
The Company, at its sole discretion, may make promotional offers with different features and different rates to any of our customers. These promotional offers, unless made to you, shall have no bearing whatsoever on your offer or contract. The Company may change the fees for our Service or Application, as we deem necessary for our business. We encourage you to check back at our website periodically if you are interested about how we charge for the Service of Application.
A “Cancellation Fee” of $10.00 for Burro Truck Services, $10.00 for Burro Dolly services, $20.00 for Burro Box services or $10.00 for Burro Junk services will be applied in the following circumstances:
For clarity, if, before four (4) minutes have elapsed, the User either cancels the request or communicates to the Service Provider that the User Items are ineligible, no cancellation fee will apply.
Alternatively, if the Service Provider arrives at the User destination (either before or after four (4) minutes have elapsed) and discovers that the User Items are not eligible for the Services, the User will be charged the minimum fee for the Service.
All payments, as applicable, shall be facilitated through Stripe, Inc. and/or Braintree, (a division of PayPal, Inc.) the Company’s third-party payment processing services (the “Payment Processors”). In order for you to use the Payment Processor’s services, you must enter into the Merchant Services Agreements (“MSAs”) available at https://www.braintreepayments.com/agreements/merchant and https://stripe.com/us/terms. By accepting this Agreement, you expressly agree that you have been notified of these MSAs and that you agree to the terms of each MSA. Please note that the Company is not a party to either MSA and that you, the Payment Processors and the Payment Processor’s sponsoring banks are the parties to the MSAs, and that the Company has no obligations or liability to you under the MSA. If you have questions regarding the MSAs, please contact Braintree at (877) 434-2894 or Stripe, Inc. at firstname.lastname@example.org.
10. THIRD-PARTY SERVICE PROVIDER REPRESENTATIONS AND WARRANTIES
For clarity, the Company requires all third-party Service Providers to represent and warrant that each Service Provider: (1) is at least 21 years of age; (2) has the ability to lift and carry heavy items; (3) will not allow any User to ride in or otherwise occupy service provider’s vehicle while providing the services; (4) possesses a valid driver’s license and is authorized to operate a motor vehicle; (5) owns the motor vehicle used to provide the service, and that such vehicle was manufactured no earlier than the year 2000, is in good operating condition, passed an inspection performed by the Company, and complies with all applicable statutory and state department of motor vehicle or highway patrol requirements for a vehicle of its kind; (6) maintains a valid policy of liability insurance in compliance with all legal requirements and is a named driver on the insurance policy covering the vehicle; (7) will obey all traffic laws and will be solely responsible for any violations of such laws; (8) will not discriminate or harass any Users on the basis of race, national origin, religion, gender, gender identity, physical or mental disability medical condition, marital status, are or sexual orientation in violation of any State or Federal law; and (9) will not make any representation on behalf of the Company or offer or provide transportation or moving service for profit, as a public carrier, moving company, or taxi service, charge for moving, courier or transportation services or otherwise seek non-voluntary compensation from Users, or engage in any other activity in a manner that is inconsistent with the obligations of this Agreement.
11. INTELLECTUAL PROPERTY OWNERSHIP
The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Application or the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. The Company name, the Company logo, and the product names associated with the Application and Service are trademarks of the Company or third parties, and no right or license is granted to use them.
12. THIRD PARTY INTERACTIONS
During use of the Application and Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of third party service providers, advertisers or sponsors showing their goods and/or services through the Application or Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. The Company and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase, transaction or promotion between you and any such third-party. The Company does not endorse any sites on the Internet that are linked through the Service or Application, and in no event shall the Company or its licensors be responsible for any content, products, services or other materials on or available from such sites or third party providers. The Company provides the Application and Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and the Company disclaims any and all responsibility or liability arising from such agreements between you and the third party providers.
The Company may rely on third party advertising and marketing supplied through the Application or Service and other mechanisms to subsidize the Application or Service. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such advertising you should notify us in writing. The Company reserves the right to charge you a higher fee for the Service or Application should you choose not to receive these advertising services. This higher fee, if applicable, will be posted on the Company's website at www.getburro.com/pricing.html. The Company may compile and release information regarding you and your use of the Application or Service on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Service.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of transportation services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
14. DISCLAIMER OF WARRANTIES
THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR APPLICATION. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE OR APPLICATION WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APPLICATION, SYSTEM OR DATA, (B) THE SERVICE OR APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICE OR APPLICATION WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND APPLICATION IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES, PRODUCTS OR GOODS OBTAINED BY THIRD PARTIES THROUGH THE USE OF THE SERVICE OR APPLICATION. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE APPLICATION AND SERVICE, AND ANY THIRD PARTY SERVICES OR PRODUCTS REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15. INTERNET DELAYS
THE COMPANY'S SERVICE AND APPLICATION MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
16. LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COMPANY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). THE COMPANY AND/OR ITS LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BY NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE OR APPLICATION, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE OR APPLICATION, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SERVICE PROVIDER, ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE WEBSITE OR IS REFERRED BY THE SERVICE OR APPLICATION, EVEN IF THE COMPANY AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY MAY INTRODUCE YOU TO THIRD PARTY COURIERS, TRUCK RENTERS OR LABORERS FOR THE PURPOSES OF PROVIDING RENTAL TRUCKS, LABOR, COURIER, MOVING OR TRANSPORTATION CARRIER SERVICES. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL ANY LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO SUCH THIRD PARTY PROVIDERS. THE COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES BETWEEN YOU AND ANY THIRD PARTY PROVIDERS. WE CANNOT AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THE THIRD PARTY PROVIDERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE APPLICATION OR SERVICE (WITH ALL ITS IMPLICATIONS) RESTS SOLELY WITH YOU. WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE APPLICATION OR SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE APPLICATION OR SERVICE.
THE QUALITY OF THE LABOR, TRUCK RENTAL, MOVING, HAULING OR COURIER SERVICES SCHEDULED THROUGH THE USE OF THE SERVICE OR SOFTWARE IS ENTIRELY THE RESPONSIBILITY OF THE THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH COURIER SERVICES TO YOU. YOU UNDERSTAND, THEREFORE, THAT BY USING THE SOFTWARE AND THE SERVICE, YOUR PROPERTY MAY BE EXPOSED TO SITUATIONS THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE SOFTWARE AND THE SERVICE AT YOUR OWN RISK. WE CANNOT GUARANTEE THAT EACH USER AND SERVICE PROVIDER MEETS THE MINIMUM AGE REQUIREMENTS, NOR DO WE ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, COMMUNICATION OR OTHER USE OR ACCESS OF THE SERVICES BY PERSONS UNDER THE AGE OF 18 IN VIOLATION OF THIS AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE OR LOSS INCURRED TO ANY PERSONAL ITEMS THAT ARE BEING TRANSPORTED BY A THIRD PARTY SERVICE PROVIDER OR ANY PERSONAL INJURIES SUSTAINED BY A SERVICE PROVIDER IN CONNECTION WITH SUCH LABOR OR TRANSPORT. ANY DAMAGES MUST REPORTED TO YOUR THIRD PARTY DRIVER OR DRIVERS WITHIN 12 HOURS OF COMPLETION OR CANCELLATION OF THE DELIVERY.
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ELECTRONICS. YOUR THIRD PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH COURIER SERVICES TO YOU, FOR YOU, OR ON YOUR BEHALF ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ELECTRONICS. THIS INCLUDES COMPUTERS, COMPUTER EQUIPMENT, TELEVISIONS, MONITORS, RADIOS OR ELECTRONICS THAT ARE BATTERY POWERED OR SUPPLIED ELECTRICITY THROUGH A POWER CORD.
WE ARE NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE WEBSITE OR IN CONNECTION WITH THE SERVICE. ALTHOUGH WE PROVIDE RULES FOR USER CONDUCT AND POSTINGS, WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR WHAT USERS POST, TRANSMIT OR SHARE ON THE WEBSITE AND ARE NOT RESPONSIBLE FOR ANY OFFENSIVE, INAPPROPRIATE, OBSCENE, UNLAWFUL OR OTHERWISE OBJECTIONABLE CONTENT YOU MAY ENCOUNTER ON THE WEBSITE OR IN CONNECTION WITH ANY CONTENT. THE COMPANY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time by any of the following: email sent by confirmed facsimile to the Company at the following email address: email@example.com, or letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to the Company at the following addresses: [3505 WestChester, unit A, Austin TX 78759] addressed to the attention of: Chief Executive Officer.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (1) a parent or subsidiary, (2) an acquirer of assets, or (3) a successor by merger. Any purported assignment in violation of this section shall be void.
19. RELATIONSHIP BETWEEN SERVICE PROVIDERS AND THE COMPANY
Service Providers are independent contractors and not employees, owners, joint venturers, partners or agents of the Company and there is no employment agreement between Service Providers and the Company. In addition, Service Providers further understand and agree that they have no authority to bind the Company and will not make any representations to any party that they have any authority to bind the Company, as an employee, partner or otherwise.
20. OPT OUT
The Company may use the e-mail address you provide to send you messages about products or services we believe may be of interest to you. We may also provide your e-mail address to third parties so that they can contact you directly about additional products and services. At any time, you can “opt out” of receiving promotional e-mail messages from us, or having your e-mail address provided to third parties, by contacting us at the address below. It may take us ten (10) days to process your request. Even after opting out, you may continue to receive e-mail from third parties to whom your address was provided before you opted out. You will be responsible for contacting such third parties directly, to request that they stop sending you promotional e-mail. We may send you messages regarding your use of this Website or the Application, the purchase by you of goods or services purchased from us (if any), or other transactional or relationship messages, without offering you the opportunity to opt out of receiving them.
21. TERM AND TERMINATION OF AGREEMENT
This Agreement is effective upon the use of the Application or the Service. You or the Company may terminate your participation in the Service at any time, for any reason and the Company may prohibit your use of the Software or Service at any time in its sole discretion. The terms of this Agreement, and any subsequent modification of this Agreement, shall remain in effect at all times after you or the Company terminate your participation or access to the Software or Service.
22. EXPORT CONTROL
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
23. DISPUTE RESOLUTION
You and the Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and the Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and the Company otherwise agree in writing, 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. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available atwww.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at www.adr.org/aaa/ShowPDF?doc=ADRSTG_015822.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the applicable state and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Company will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Company will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the modification-related provisions above, if Company changes this “Dispute Resolution” section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Company’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement comprises the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.