MOVING HELP CENTER Terms & Conditions
The following terms and conditions govern all use of thewww.MOVINGHELPCENTER.com website (the "Site") and all of the services available at the website (taken together, the "Service"). The Service is owned and operated by MOVING HELP CENTER ("MOVINGHELPCENTER"). The Service is offered subject to acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by MOVINGHELPCENTER (collectively, the "Agreement").
The Service is available only to individuals who are at least 18 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Service. MOVINGHELPCENTER may refuse to offer the Service to any person or entity and may change its eligibility criteria, at any time, in its sole discretion.
If you do not agree to all of THE TERMS AND CONDITIONS OF THIS AGREEMENT, do not access or use the Service. BY VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING ANY MATERIALS OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
The Site is a neutral venue where individuals ("Clients") can locate, engage and reserve service providers ("Moving Helpers"). As a neutral venue, MOVINGHELPCENTER cannot and will not guarantee or ensure the ability of (i) Moving Helpers to complete (or properly complete) any services or (ii) Customers to complete payment for such services. Any and all communications, or correspondence, verbal or written, or any warranties or representations, made with regard to any Moving Helpers services are not provided by MOVINGHELPCENTER, but rather are made specifically and solely by the applicable Moving Helpers. In addition, MOVINGHELPCENTER does not pre-screen Moving Helpers for compliance with federal, state or local laws and regulations and, therefore, MOVINGHELPCENTER recommends that Customers confirm such compliance directly with the applicable Moving Helpers before services are rendered.
2. Other Terms
Certain services available through the Site may be subject to additional terms and conditions. For example, Moving Helpers are subject to the Service Provider Guidelines. In addition, the MOVING HELP CENTER WEBSITE sets forth processes and procedures to help Customer in locating and engaging Helpers through the Site. Your breach of any of terms or conditions contemplated by this "Other Terms" section shall constitute a breach of this Agreement. To the extent such additional terms or conditions conflict with this Agreement, such terms/conditions shall control.
MOVINGHELPCENTER reserves the right, at its sole discretion, to modify or replace any provision of this Agreement at any time. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
All Helper services will be paid for in cash by Customer after the services are rendered. Reservations will require an online deposit to MOVING HELP CENTER.
CUSTOMER ACKNOWLEDGEMENT: As a Customer, you agree that, upon completion of services by a Moving Helper, you shall promptly reimburse the Moving Helpers for their time & service. In such circumstances, you will not attempt to block or otherwise prevent MOVINGHELPCENTER's payment processing activities (such as, by requesting your credit card provider to refuse or reject payment to MOVINGHELPCENTER).
HELPER ACKNOWLEDGEMENT: As a Helper, you agree that you shall not be entitled to receive any payment from MOVINGHELPCENTER for your services except through the method(s) described in this agreement. If a Customer refuses or otherwise fails to release payment to you such failure/refusal is an issue for you to address directly with the Customer (and MOVINGHELPCENTER has no responsibility or liability with respect to such failure/refusal).
6. Off-Site Communications
As a Helper, you shall not provide (or offer) any services you have posted on the Site outside of the Site, or otherwise in any manner that may circumvent the fees payable to MOVINGHELPCENTER in connection with the services you perform for a Customer who engaged or contacted you through the Site. Offers of this nature circumvent MOVINGHELPCENTER's fee structure and are a potential fraud risk for Customers and Helpers. Some examples of off-Site offers include:
Entering personal contact information, such as website addresses, fax numbers, phone numbers or email addresses, in any part of the Site in a manner that may allow a Customer to contact you outside of the Site.
Requesting that a Customer who engaged you through the Site pay for your Helper services outside of the Site (i.e. pay you via any means other than through using the Payment Release Line or signing your MOVINGHELPCENTER Invoice).
As a Customer, you agree that you shall not engage in any activity that induces a Helper to take any action prohibited by this Section 7 (such as by offering to pay a Helper directly instead of through MOVINGHELPCENTER.)
You acknowledge that a key component and integrity of the Service is the ability of Customers to leave feedback about services, (whether positive, neutral or negative), found through MOVINGHELPCENTER or otherwise and for other Customers to read and evaluate those feedback and make voluntary choices based upon that feedback. Therefore:
As a Customer, you agree to only provide truthful and fair feedback. You also agree to not accept any payment or other consideration in exchange for influencing your feedback (such as, accepting payment in exchange for providing positive feedback with respect to any Helper).
As a Helper, you agree that you shall not (and shall not attempt to): (A) improperly influence the feedback of any Customer in any manner; (B) post, cut and paste, and/or copy the content of Customer feedback review from the Site to your personal or business website, to any third party website, and/or on any of personal, business, or third party marketing materials (regardless of the form); or (C) post or attempt to post, in any manner or by any means, a feedback review of your own services.
As a Customer and a Helper, you acknowledge that you may expose yourself to liability if your feedback contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
By leaving your feedback, you represent and warrant that you are the author and owner of the intellectual property rights thereto, all “moral rights” that you may have in such content have been voluntarily waived by you and all content that you post is accurate.
Furthermore, you understand and acknowledge that your feedback may be used in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms. As such, you hereby irrevocably grant MOVINGHELPCENTER world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use your feedback for any purpose. Please note that you also irrevocably grant the users of the Site and any other media the right to access to your feedback in connection with their use of the Site and any other media. Finally, you irrevocably waive, and cause to be waived, against MOVINGHELPCENTER and its users any claims and assertions of moral rights or attribution with respect to Feedback. By "use" we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Feedback.
8. Links on the Site
From time to time, we may, with permission from the site owner, decide to link to websites that we determine may be of interest to our visitors. These websites may offer educational, governmental or other resources or may be owned or controlled by other third parties.
We are not responsible for the content, information, products, or services of any linked site, any link(s) contained in any linked site, or any changes or updates to the information contained in such sites. MOVINGHELPCENTER provides links to third party sites only as a convenience and the inclusion of any such link on the Site does not imply MOVINGHELPCENTER's endorsement of either the site, the organization operating such site, or any products or services of that organization. A visit to any site or page from the Site via any such link is done entirely at your own risk.
Under no circumstances will MOVINGHELPCENTERbe held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused in connection with the use of, or reliance on, any content, goods or services available on any other site.
If you find any link on the Site or any linked website objectionable for any reason, you may notify us at firstname.lastname@example.org. MOVINGHELPCENTER will consider requests to remove links but will have no obligation to do so or to respond directly to you.
9. E-Mail Confirmations and Alerts
MOVINGHELPCENTER may from time to time provide automatic e-mail confirmations and account-related alerts. Confirmation e-mails and alerts are active by default as part of the Service. MOVINGHELPCENTER may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Confirmations and alerts will be sent to the email address you have provided as your primary email address for MOVINGHELPCENTER.COM. If your email address changes, you are responsible for informing us of that change. Because such electronic communications are usually not encrypted, we will never include your password or any other personally identifying information or request that you reply to such communications to provide any personally identifying information. You understand and agree that any confirmations and alerts provided to you through the Service may be delayed or prevented by a variety of factors. MOVINGHELPCENTER does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any confirmation or alert. You also agree that MOVINGHELPCENTER shall not be liable for any delays, failure to deliver, or misdirected delivery of any confirmation or alert; for any errors in the content of a confirmation or alert; or for any actions taken or not taken by you or any third party in reliance on a confirmation or alert.
10. Standard Repair Coverage Insurance
"Standard Repair Coverage Insurance" covers up to $0.60 USD per pound of goods listed in the Customer's active inventory. This insurance provides coverage for goods while in transit in a storage container or a rental truck if movers are hired via the MOVINGHELPCENTER marketplace to do both the loading AND the unloading.
"Standard Repair Coverage Insurance" is not available to customers who book moving jobs whose start times occur less than 24 hours after the reservation has been placed.
11. Disclaimer of Warranties
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SERVICE) ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. FOR CLARITY, THIS MEANS THAT MOVINGHELPCENTER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OR SAFETY OF ANY HELPER SERVICES THAT YOU MAY OBTAIN THROUGH USE OF THE SERVICE. MOVINGHELPCENTER DOES NOT REGULATE, MONITOR, OR GUARANTEE THE TIMELINESS OR QUALITY of ANY WORK PROVIDED TO ANY CUSTOMER(S) BY ANY HELPER(S) (OTHER THAN FACILITATING VARIOUS RANKINGS THROUGH THE SITE BASED ON CUSTOMER REVIEWS AND OTHER FACTORS). IF YOU ARE A CUSTOMER, YOU ENGAGE HELPERS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
12. Limitations on Liability
IN NO EVENT SHALL MOVINGHELPCENTER, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE FOR ANY: (I) LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00 (U.S.). THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN. AS A HELPER, YOU UNDERSTAND AND AGREE THAT MOVINGHELPCENTER HAS NO RESPONSIBILITY OR LIABILITY FOR A CUSTOMER'S FAILURE TO PAY YOU FOR SERVICES YOU HAVE PERFORMED. SOME STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless MOVINGHELPCENTER and its officers, directors, shareholders, employees and agents, from and against all claims, liabilities, damages, losses, costs and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement (or any law or regulation) by you. MOVINGHELPCENTER reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with MOVINGHELPCENTER in asserting any available defenses.
MOVINGHELPCENTER may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
15. Disputes with Other Users
You agree that MOVINGHELPCENTER is not responsible for any complaints you may have with other users, Customers, or Helpers. Any services provided by a Helper to any Customer is a contract between that Helper and that Customer (i.e. MOVINGHELPCENTER is not a party to any such arrangement). The Service is simply a means of helping one user finding another user. MOVINGHELPCENTER is not a staffing agency, representative, provider, or employer to any users. Because MOVINGHELPCENTER is not the agent of either Customers or Helpers, MOVINGHELPCENTER will not act as an agent to any such Customers or Helpers in connection with resolving any disputes between such participants related to or arising out of any transaction conducted via the Site or the Services. If you have a dispute with one or more users of the Site or Service, you release MOVINGHELPCENTER (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." To the extent MOVINGHELPCENTER assists in the resolution of any dispute between any Customer and any Helper, such assistance is only a courtesy and, therefore, you acknowledge that MOVINGHELPCENTER shall not be liable or otherwise responsible with respect to such dispute (or the resolution thereof).
17. Refund Policy:
CUSTOMER ACKNOWLEDGEMENT: As a Customer, to receive full refund, an order must be canceled or rescheduled at least 24 hours in advance of the job start time. If you cancel less than 24 hours before the job start time, you lose your deposit. To cancel your order, you must call Moving Help Center support at (800) 868-9150.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. MOVINGHELPCENTER shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond MOVINGHELPCENTER's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with MOVINGHELPCENTER's prior written consent. MOVINGHELPCENTERmay transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Diego, CA using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The arbitrator shall (i) apply the same substantive law a judge in Superior Court in San Diego California would apply; (ii) provide a written opinion stating findings of fact and conclusions of law within fifteen (15) days of a hearing; and (iii) shall award attorneys’ fees and costs to the prevailing party. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, you (and MOVINGHELPCENTER) consent to exclusive jurisdiction and venue in the United States Federal Courts located in San Diego, California. You agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind MOVINGHELPCENTERin any respect whatsoever.
19. Copyright and Trademark Notices.
Unless otherwise indicated, this Agreement and all content provided by MOVINGHELPCENTER are copyright © 2017 MOVINGHELPCENTER. All rights reserved.
"MOVINGHELPCENTER" as well as page headers, custom graphics, buttons, images and other content on the Site, are subject to trademark, service mark, trade dress, copyright and/or other proprietary or intellectual property rights or licenses held by MOVINGHELPCENTER or its licensors, supplier or partners. Other trademarks, product names and company names or logos used on the Site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from the Site is strictly prohibited.
You may contact MOVINGHELPCENTERat the following address:
21. Digital Millennium Copyright Act Notice
MOVINGHELPCENTER has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of MOVINGHELPCENTER's Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.
It is MOVINGHELPCENTER's policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If You believe that content residing on or accessible through the MOVINGHELPCENTER website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
Identification of works or materials being infringed;
Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that MOVINGHELPCENTER is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.