TERMS AND CONDITIONS

Acceptance of the Terms and Conditions.

Binding Agreement; Description. Moving Force, Inc. (“Moving Force,” “we,” “Mobile Mover,” “Customer” “us” or “our”) provides and makes available its marketing tools, including its payment processing capabilities, scheduling tools on its Moving Force mobile application (the “App”). All uses of the Service are subject to the terms and conditions in this End User License and Terms of Service (this “document”). Please read this document carefully. By accessing, browsing or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by this document. If you do not accept this document’s terms and conditions, you may not access, browse or use the Service.

By definition “Customer” is considered to be Business representative.

We will use the term “Shipper” with reference to the Business’ Customer.

Arbitration Agreement

2.1 General Agreement: You acknowledge and agree that these Terms include an Arbitration Agreement, which governs any disputes between you and Moving Force. This Agreement will:

• Eliminate your right to a jury trial; and
• Substantially affect your rights, including preventing you from bringing, joining, or participating in class action or consolidated proceedings.

2.2 Definitions: The following definitions apply to this Agreement:

• "Claims" broadly include any dispute, complaint, controversy, or cause of action arising out of or relating to your relationship with Moving Force.
• "Transaction" means the commencement, completion, or fulfillment of any services or engagements with Moving Force.
• "You" refers to the individual or entity engaged in a Transaction with Moving Force.

2.3 Arbitration Process: Claims shall be decided by binding arbitration, not in court, except for small claims. The arbitration will be administered by an agreed upon arbitration service, and the decision will be final and enforceable in court.

2.4 Individual Claims Only: Claims must be brought in an individual capacity, not as a class or representative action. The Arbitrator will have authority to grant relief only on an individual basis.

2.5 Choice of Arbitrator and Law: The Arbitrator will be mutually agreed upon, and the Arbitration shall be governed by the law of the state where it takes place.

2.6 Confidentiality: Both parties agree to enter into a Confidentiality Agreement to protect proprietary information.

2.7 Severability and Waiver: If any part of this Agreement is deemed unenforceable, the remainder will still be enforceable. Failure to enforce any term does not constitute a waiver of that term.

By actively signing up on Mobile app for use you are agreeing to these Terms, you agree to resolve any claim against Moving Force through arbitration, waiving your right to a trial by jury and participation in any class, collective, or representative action.

Limitation of Liability and Disclaimer of Warranties.

1. 1. TO THE FULLEST EXTENT PERMITTED BY LAW, MOVING FORCE, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “MOVING FORCE PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE AND ANY CONTENT AVAILABLE ON THE SERVICE, INCLUDING BUT NOT LIMITED, TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY THEREOF. THE MOVING FORCE PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY OR COMPLETENESS OF ANY CONTENT OR ANY OTHER INFORMATION CONVEYED TO ANY USER, OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA, OR INFORMATION STREAM FROM WHATEVER CAUSE. TO THE FULLEST EXTENT PERMITTED BY LAW, AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT AT YOUR OWN RISK.
   2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOVING FORCE PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO MOVING FORCE PARTY WILL BE RESPONSIBLE FOR THOSE COSTS.
   3. TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MOVING FORCE PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
   4. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY MOVING FORCE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH MOVING FORCE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVING FORCE’S LIABILITY, AND THE LIABILITY OF ANY OTHER MOVING FORCE PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
   5. Moving Force is not responsible for the performance, actions, or inactions of any user, whether identified through the Service, in public, private, or offline interactions, or otherwise. Moving Force does not have control over, and has no liability or responsibility for, the quality, timing, legality, suitability, reliability, timeliness, or accuracy of any user, or the failure of any user to provide the services requested or payment required therefor, or for any other aspect whatsoever of an Item nor for the integrity, responsibility or any of the actions or omissions whatsoever of any users. Moving Force does not have control over, and has no responsibility for, any damage to Items. NEITHER MOVING FORCE NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICE AND MOVING FORCE AND ITS AFFILIATES AND LICENSORS ARE NOT BE LIABLE FOR ANY LOSS, CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE. BY USING THE SERVICE YOU THEREBY RELEASE MOVING FORCE AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED TO ANY USE OF OUR SERVICE OR THE CONDUCT OR MISCONDUCT OF A USER.
   6. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICE. IN NO EVENT WILL THE MOVING FORCE PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH A PROJECT. ALL USERS EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE. MOVING FORCE DOES NOT MAKE ANY GUARANTEES AS TO INSURANCE POLICIES HELD BY MOBILE MOVERS.

 

Qualification for Use of the Mover Force App.

In order to qualify to use this Mover Force, You must be and acknowledge that you are an individual whom can enter into a legally binding contract under applicable law. In compliance with the Child Online Privacy Protection Act, this web site is not intended or provided for use by minors.

Please read the following six (6) sections very carefully.

1. Moving Force operates the Marketplace. The Marketplace is a Neutral Venue and Online Clearinghouse: The mobile app functions as well as the website act solely as a neutral venue and online clearinghouse to connect You and the various Mobile Movers or Moving Businesses. We specifically disclaim any and all explicit or implicit endorsements or recommendations for any Services or Mobile Moving. We are not involved in any manner with the provision of the Services by the Moving Force. Furthermore, the Mobile Mover(s) do not work for Us. You acknowledge and agree that the Mobile Mover(s) are not Our employees, agents, representatives but are independent contractors. You acknowledge and agree that We do general background checks on all contractors prior to being able to perform any assignments but we do not perform inquiries into the work history or character history nor do we do inquiries into whether a Mobile Mover has any or all applicable licensure, insurance(s) or permits that may be necessary to perform the Services. Therefore, You acknowledge and agree that We cannot guarantee nor do We have control over the quality, accuracy, standard of Service, safety or legality of the Services provided by Moving Force itself. We do have standards that we make clear to the “Mobile Movers” as they need to maintain a certain quality score rating for them to maintain active status in our system. You acknowledge and agree that We only operate a mobile app. You acknowledge and agree that any and most communications will be between you and the “Mobile Mover” unless there is a dispute where we will kick in as an intermediary party to determine fault and make it right.

The Service.

1. 1. Description. The Service provides independent contracted Moving Labor (“Mobile Movers”) with a network through which The Mobile Movers can aid professional labor crews with their existing move they have in progress. Any person who accesses and/or uses the Service to connect with a Mobile Mover(s) is a “Customer.” Moving Force does not provide skilled professional. All our Mobile Mover(s) get introduce to some sought of computer based training when onboarding and the rest of their skills are from there backing. Moving Force offers You resources that help cover missing staff but does no guaranteed availability of Moving Force.

 

1. 1. Limitations. MOVING FORCE DOES NOT PROVIDE TRANSPORTATION SERVICES. WE ARE NOT A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. IT IS UP TO CUSTOMERS PROVIDE THE PICK-UP AND DELIVERY SERVICES. IT’S THE MOBILE MOVER RESPONSIBILITY TO AID IN CARRYING. THAT MAY BE SCHEDULED THROUGH USE OF THE SERVICE. MOVING FORCE OFFERS INFORMATION AND A PLATFORM TO FACILITATE ARRANGEMENT OF LABOR HELP BUT DOES NOT, AND DOES NOT INTEND TO, PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER OR A MOVING OR HAULING OF FREIGHT CARRIER. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PICK-UP, CARRY, OR DELIVERY SERVICE PROVIDED TO YOU THROUGH THE SERVICE.
   2. Mobile Services. The App offer the Service via a mobile phone, tablet or other wireless device (collectively, “Mobile Services”). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device(s), what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the App and the related Mobile Services must be in accordance with this document.

 

1. 1. Accounts. To use the Service, you must create an account (an “Account”). The information required to create an Account may vary depending on if you create an Account as a Mobile Movers or a Customer (Business Owner). If you create an Account as a Mobile Mover, you will also be required to agree to the Agreement for Mobile Mover to engage Moving Force for its Services and other terms that will be made available to you during the Account creation process. You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your Account, whether or not you authorized the activity. If you use the Service on behalf of a company, entity, or organization (each “Organization”), then you represent and warrant that you: (i) are an authorized representative of that Organization with the authority to bind such entity to the document and (ii) agree to be bound by the document on behalf of such Organization.
   2. Theft of Credentials. If your username or password is lost or stolen, or if you believe that unauthorized third parties have accessed your Account, then notify Moving Force immediately at compliance@movingforce.org, and change your password at the earliest opportunity. Moving Force will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Moving Force of the unauthorized use or loss of your credentials.

 

1. Rules for Customers. The terms in this Section 4 apply to Customers and not to Mobile Mover(s).

 

1. 1. Requesting Projects. To request a Project, you will have to specify certain information about the Project, which will include: the pick-up address, the destination address, the size of the move, the conditions of the move, and any heavy items over a certain weight you are requesting to be lifted, delivered or moved (“Items”), contact information and the date and time of pick-up. Using the address you provide, Moving Force will use reasonable efforts to connect you with a Mobile Mover(s) to perform the Project for you and will provide them applicable details regarding the Project. If no Mobile Mover(s) are available, Moving Force will notify you that there are no Mobile Mover(s) available to perform the Project, at which point we will have no further obligation to attempt to connect you to a Mobile Mover(s) for the applicable Project. This will be a 24hr service so if your request couldn’t be met originally, we recommend trying again later in the day.

 

1. 1. Prohibited Items. YOU MAY NOT, UNDER ANY CIRCUMSTANCES, HAVE ANY MOBILE MOVER(S) TRANSFER ANYTHING IN THERE VEHICLES: Also mobile mover(s) should not move any accounts, bills, debts, evidence of debt, letters of credit, passports, documents, railroad or other tickets, notes, money, securities, currency, bullion, precious stones, jewelry and/or other similar valuable articles, items valued at more than $40,000 (forty thousand dollars), paintings, statuary and other works of art, manuscripts, mechanical drawings, live animals, tobacco, cigars, cigarettes, stolen items, people, grandfather clocks, fireworks, drugs, guns, weapons, extremely heavy and bulky items such as pianos, hot tubs/saunas, billiard tables, concrete slabs, gun safes, any item considered illegal according to federal, state or local laws, non-ferrous metal in scrap and/or ingot form, or furs and skins. Some states including Georgia do not allow the transportation of used goods from home to home.

 

1. 1. A MOBILE MOVERS HAS THE RIGHT TO TAKE PICTURES OF PREEXISTING DAMAGE AND POST DAMAGE FOR THEIR RECORDS.

 

1. 1. Fees. The base fee for each Project will be displayed to you on the Service, and include expenses that may be incurred by the Mobile Mover(s) in the normal course of completing your Project, including, without limitation, any tolls (collectively, “Base Fees”). The Project will begin when Mobile Mover(s) begin loading cargo and the Project will end once Mobile Movers has safely unloaded all cargo or Job is marked complete by both parties. If there are multiple Mobile Mover(s) the time will began individually but should not be to far off from each other. Moving Force is not responsible for any actions performed by Mobile Mover(s) that occur after the Project is complete.

 

1. 1. Payment. Unless otherwise agreed, Moving Force accepts credit cards through our third-party payment processor. Base Fees are due immediately following the applicable Mobile Mover(s)’s confirmation of completion of your Project. If you cancel a project with more than 24 hour’s notice before the project start time you will not be charged a cancellation fee. If you cancel a project with less than 24 hour’s notice from the project start time you will be charged a cancellation fee of half your estimated price. These cancellation fees are designed to compensate Mobile Mover(s) for any inconvenience. You will only be charged for canceling if your project has been accepted. ALL BASE FEES AND CANCELLATION FEES ARE NON-REFUNDABLE.

Valuation and Liability: There would be a .30 cents/lb/article use to assess any damage cause by a mobile mover but not to exceed total payment sent to contractor. If the claim cannot be determined to be full fault of the Mobile mover, then base off what percentage this mover made up of the entire crew size will be there obligation for payout (an example 3 crew members the Mobile mover involved makes 1 member then they are obligated to 33% of the claim). We at Moving Force are not the disputers whether one is right or wrong we will connect you with the Mobile Mover and you can have a respectable conversation about damages. All damages that occurs during the move must be noted prior to the movers leaving the site, especially property damage. Property damage is not covered by Moving Force or its affiliates. Also, Property Damage is not cover by a Mobile Mover(s) unless it was clear neglect, we do ask you to rate your Mobile Mover after service so we can keep an eye on this level of performance. We are aware all items may not have had a chance to be inspected at the time of the mover departure, so we highly encourage the customers, or their staff, to be onsite during all aspects of the move. If any damage does occur at that time, claims must be made as a dispute on the app within 2 days of your job. Mobile Mover(s) is liable for damage during the load and /or unload Only. Damage which occurs during transit is not covered for any reason under any valuation. You (the customer) are responsible for the protection of your shippers’ belongings. Prime example if you choose to move your shipper’s stuff without having moving blankets or pads available of any sought, then the mobile movers nor Moving Force can be responsible for damages that happen during the move. You understand that the loader/unloader (Mobile Mover) is not responsible for unsealed cartons or item(s) not packed by the Mobile Mover(s). Packing services as of right now is not a service offered so we do not recommend your company using the Mobile Movers for Packing Services for any reason. You understand that the loader/unloader (Mobile Mover) is not responsible for ceramic, granite, or marble and does not warrant the mechanical condition of appliances, or electronics, as there is no way for the loader/unloader to know the operational ability of each item prior to the move. Pressed Board, particle or compressed wood is excluded from our coverage due to the nature of the material. The customer understands that the loader/unloader (Mobile Mover) is not responsible for any damage to pool/billiard tables, pianos or grandfather clocks. Be advised that stocks, bonds, fur, jewelry, paper money, coins, and collectibles of any kind will not be covered for any reason. Please do not pack items of this nature or leave the premises unsupervised during your load/unload. By adding extra time, you are choosing to keep workers and will not be looking to get compensated in the future for adding this time. If time is not added 30 minutes prior to assignment being over the Mobile Mover will have the right to accept their next assignment regardless of if they weren’t able to complete your project over the schedule time that was allotted to you. It is your responsibility to add additional time and the Mobile Mover will need to approve of this time added.

 

Important Notice: All items in excess 200 lbs. are not covered unless declared on your order form and have the correct equipment made available. There is a minimum time frame for each job and a travel fee may apply. The Travel Fee and Job Fee will be bulked together as 1 fee. The job time booked will be based on the factors input by the Customer. We ask that you are accurate with the details and if you have a CRM it would be easier to just transfer your info from there to the app. When jobs are booked, please beware that jobs can go over required time depending on how big your project ends up being you can always add more time as needed. At the completion of each job the final balance will be released to the freelancer. Moving Force will make commercially reasonable efforts to collect any money owed to Customers from Mobile Mover(s). If Mobile Mover(s) choose not to pay for their damages we unfortunately cannot force any repayments, we recommend rating your Mobile Mover and too many bad reviews will cause removal of the Mobile Mover from our Network. As a condition precedent to recovery, a claim for any loss or damage must be filed in writing with Moving Force within two (2) days. Claims must be filed on Moving Force’s App (Dispute). If you or someone you designate to use your active account assist in the transportation of the cargo that becomes damaged during a Project, the Mobile Mover(s) who account it is, will be subject to any legal lawsuits and/or be responsible for a portion of the damage claim amount related to replacing or repairing the damaged item(s). You may not be allowed to put your shipper’s belongings in the Mobile Mover(s) vehicle or your moving equipment.

 

App Operations

Once you make a request, Moving Force notifies the market of Mobile Mover(s) so that the Mobile Mover(s) may complete your request. It is up to the Mobile Mover(s) to decide whether to accept such services from You. Moving Force looks to make the rates appealing for both parties. If any false info is given to just book the job the mobile mover can make a formal request to ask for a revision of the work order so they can be paid properly. If no revision is made the order can be cancelled by the mobile mover(s). Please note that once your request for the Services has begun, you may no longer have the option to reschedule or cancel. If Moving Force is able to reschedule or cancel your request, you may be charged a fee and/or may not be refunded for service that have been purchased on your behalf.

 

User Accounts.

To use most aspects of the Services, you must register for and maintain an active Business user Services account or Mobile Mover account. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration may require you to submit to Moving Force certain personal information, such as your name, address, mobile phone number, age, Social/Ein, as well as at least one valid payment method that you are authorized to use and is supported by Moving Force. For more information regarding Moving Force’s use of your personal information please refer to Private Policies. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Except as described below, you must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. Unless otherwise permitted by Moving Force in writing, you may only possess one Account and you may not assign or otherwise transfer your Account to any other person or entity. You are responsible for all activity that occurs under your Account, and you agree to always maintain the security and secrecy of your Account credentials.

Minors

Except as described below, the Services are generally not available for use by persons under the age of 18. You may not authorize third parties to use your Account, and you may not allow people under the age of 18 to use the Services.

Network Access and Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and any updates thereto. Moving Force does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications. Moving Force is not responsible for any delays, delivery failures, or damage, loss or injury resulting from such problems.

 

User Conduct and Requirements; Communications; and User Content

User Conduct and Requirements.

In addition to complying with these Terms, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes (e.g., no request for the purpose or intent of transport of unlawful or hazardous materials). You may not access or use the Services to cause nuisance, annoyance, inconvenience, damage, or loss to Moving Force, the Mobile Mover, or any other party.

 

Communications with Moving Force

By creating an Account, you electronically agree to accept and receive communications from Moving Force, Mobile Movers or third parties providing services to Moving Force including via email, text message, WhatsApp, calls, in-app communications, and push notifications to the telephone number(s) or email addresses you provided to Moving Force. You may also receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of Moving Force, and/or Mobile Movers, including but not limited to communications concerning requests placed through your Account on the Services. Message and data rates may apply.

If you do not wish to receive promotional emails, text messages, or other communications from Moving Force, you may change your notification preferences by accessing Settings in your Account. To opt out of receiving text messages from Moving Force, you must reply “STOP” from the mobile device receiving the messages. For purposes of clarity, text messages between you and Mobile Movers are transactional text messages, not promotional text messages. You acknowledge that opting out of receiving all communications may impact on your use of the Services. Notwithstanding the foregoing, if we suspect fraud or unlawful activity on your Account, Moving Force may contact you using any of the contact information you provided in connection with your Account (including via text or voice-recorded message).

Use of Accounts Owned by Others

In the event you use Moving Force product or service that enables use of or billing to another person or business, certain information will be shared with that party. This may include information regarding the time and date of services you request, the transportation, logistics and/or delivery requested, and the associated charges for such services. If used to request transportation, we may also share information with such person or business regarding safety-related incidents that occur in connection with such logistics. You acknowledge that such data sharing is a condition of use of any such Moving Force product or service.

MOVING FORCE IS NOT A COMMON OR MOTOR CARRIER AND DOES NOT TRANSPORT YOU OR YOUR GOODS. GENERALLY, THE SERVICES ARE ONLY OPEN TO REGISTERED USERS OF THE SERVICES AND NOT TO THE GENERAL PUBLIC. YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN THIRD-PARTY SERVICES FROM MOBILE MOVERS IN CONNECTION WITH THE USE OF THE SERVICES DOES NOT ESTABLISH MOVING FORCE AS A PROVIDER OF ANYTHING OTHER THAN THE SERVICES. INDEPENDENT MOBILE MOVERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF MOVING FORCE IN ANY WAY. ANY EFFORT, FEATURE, PROCESS, POLICY, STANDARD OR OTHER EFFORT UNDERTAKEN BY MOVING FORCE TO FACILITATE YOUR RECEIPT OF THIRD PARTY SERVICES OR IN THE INTEREST OF SAFETY OR SECURITY (WHETHER REQUIRED BY APPLICABLE REGULATIONS OR NOT) IS NOT AN INDICIA OF AN EMPLOYMENT, ACTUAL AGENCY, APPARENT AGENCY, OR OSTENSIBLE AGENCY RELATIONSHIP WITH A MOBILE MOVER.

 

App Stores

The availability of the Services may be dependent on the third-party from which you received the license to the Moving Force App, e.g., the Apple iPhone or Android app stores (“App Store”). These Terms are between you and Moving Force and not with the App Store. Moving Force is responsible for the provision of Services as described in these Terms. However, if you downloaded the Moving Force App from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. These Terms incorporate by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are the “end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and these Terms, these Terms will control.

 

Ownership; License; and Restrictions

The Services and all rights, title, and interest, including all related intellectual property rights therein are and shall remain Moving Force’s property or the property of Moving Force’s licensors. These Terms are not a sale and do not convey or grant to you any rights in or related to the Services, or any intellectual property rights owned by Moving Force, except for the limited license granted above.

Subject to your compliance with these Terms, Moving Force grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Moving Force App solely in connection with your use of the Services on your personal device; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Moving Force and Moving Force’s licensors. You agree that you will not use Moving Force’s copyrights, trademarks, service marks, or trade dress, aside from use incidental to your use of the Services, without express, written permission from Moving Force. This prohibition includes use in domain names, websites, and social media accounts. You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Moving Force; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of, or which result in, unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Payment

Prices & Charges.

Moving Force will enable your payment of the applicable Charges for service. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as extra time fees, heavy item fees, cancellation fees, government-mandated fees (such as sales tax), estimated or actual tolls, and/or surcharges. Further, Charges applicable in certain geographical areas may increase substantially during times of high demand or due to other marketplace factors.

With respect to Mobile Movers, Charges you incur will be owed directly to Mobile Movers, and Moving Force will collect payment of those charges from you, on the Mobile Mover’s behalf as their limited payment collection agent. This payment structure is intended to fully compensate a Mobile Mover, if applicable, for the services or goods obtained in connection with your use of the Services.

There also may be certain Charges you incur that will be owed and paid directly to Moving Force or its affiliates.

As between you and Moving Force, Moving Force reserves the right to establish or adjust Charges for any or all services or goods obtained using the Services at any time. Moving Force will use reasonable efforts to inform you of Charges that may apply, you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof.

Refunds

Charges paid by you are final and non-refundable, unless otherwise determined by Moving Force and the Mobile Mover assessing the Charge. If you have any requests for cancellations, refunds, or returns, or if you think a correction should be made to any Charge you incurred, please visit the “Help” tab in your Account to initiate such requests within 30 days after the Charge took place or Moving Force will have no further responsibility and you waive your right to later dispute the amounts charged.

Promotional Offers

Certain users may, from time to time, receive promotional offers and discounts that result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice.

Gratuity

Except for amounts provided by you through the Services as part of the “tip” feature, Moving Force does not designate any portion of your payment as a tip or gratuity to a Mobile Mover. You understand and agree that, while you are free to provide additional payment as a gratuity to any Mobile Mover who provides you with services or goods obtained through the Service, you are under no obligation to do so.

 

Transaction for Services

By clicking “Place Order”, You acknowledge and agree that You have submitted a Labor Request and that this is Your effective offer to enter into a transaction for the Services with that “Mobile Mover”.

Customer (Business representative) acknowledges that Mover Force’s quoted rates are based on the specific Information put in at time of request. If a quote is provided based on generic information (eg. “Size of home, walking distance, heavy lifting”), the quoted rate may change upon providing different info, Unfortunately if the details of the job changes the checkout price will remain the same or go up depending on the info. Customer (Business representative) further agrees that upon providing an updated specific address, the Mobile Mover(s)may:

•          1. Agree to perform the work at the initial quoted rate; or

•          2. Request You rebook with the correct information to receive an updated quote; or

•          3. Cancel the job based on the updated information.

Customer (Business representative) may also cancel the job upon receiving the new rate after providing /updated address information. The customer agrees that once the job is marked “complete”, the work is acknowledged to be completed at the quoted rate agreed to. The Customer agrees that any issues after the job is marked “complete”, are between You and the Mobile Mover and that Moving Force will look to mediate between the parties but have no responsibilities to the parties if neither should cooperate.

By clicking “Place Order”, You acknowledge and agree that You have authorized payments for the total amounts of the Services and that You have authorized Us to charge the total amounts on Your credit or debit card. Furthermore, by clicking “Place Order”, You acknowledge and agree to the number of crew members you’ve selected to complete your Service needs. We do not guaranteed availability of labor force. We will do our best to execute your request as quickly as possible but make no promises on labor available in your market based on the time of year.

You acknowledge that we are not a financial institution and that we do not provide financial services. You acknowledge that We act only as a facilitator for the process that helps You pay the Moving Force for any provided Services. Furthermore, You acknowledge that We do not establish an account, escrow or otherwise, for Your payments and We do not act as a trustee, fiduciary or escrow with respect to Your payments. Your funds are on a temporary hold until whether the service is completed or cancelled to ensure proper payment to labor team.

You agree to provide truthful, accurate and complete information at all times including but not limited to necessary credit or debit card and identification information. We cannot guarantee the ability of You to complete a transaction for any provided Services. Furthermore, due to the difficulty of individual authentication on the Internet, We cannot and will not in any manner verify or confirm Your identity or ability to pay for the provided Services.

Upon the completion of, and your satisfaction with, the Services, You agree that You will complete the transaction with the Moving Force by clicking “Job complete”. You agree and acknowledge that by clicking “Job complete” is Your payment to the Mobile Mover and Your authorization for the release of all authorized payments for the Services. You agree that You are responsible for all payments owed to the Mobile Mover. You agree that You are not entitled to a refund from Us for any Services that are completed in less time than that amount of time set forth in your Request. The time is calculated based on industry standards based on the info you provided.

You acknowledge that if You do not click “Job complete” or if Your accepted Order for Services is not cancelled within 48 hrs. or (2) days after that date the Services were to be provided to You, You agree that We should assume and that We will assume that the Services were rendered to You and therefore You direct Us to release Your payment to the Mobile Mover.

Disclaimers; Limitation of Liability; and Indemnity.

Disclaimers.

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOVING FORCE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, MOVING FORCE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

MOVING FORCE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF MOBILE MOVERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM MOBILE MOVERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

MOVING FORCE DOES NOT CONTROL, MANAGE OR DIRECT ANY MOBILE MOVERS. MOBILE MOVERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF MOVING FORCE. IF A DISPUTE ARISES BETWEEN YOU AND OR ANY OTHER THIRD PARTY, YOU RELEASE MOVING FORCE FROM LOSSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

MOVING FORCE DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. MOVING FORCE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MOVING FORCE’S USE OF ALGORITHMS IN AN ATTEMPT TO PROVIDE SERVICES OR IMPROVE THE EXPERIENCE OF USERS AND THE SECURITY AND SAFETY OF THE SERVICES DOES NOT CONSTITUTE A GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED.

Limitation of Liability.

MOVING FORCE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF MOVING FORCE, EVEN IF MOVING FORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MOVING FORCE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY MOBILE MOVER, EVEN IF MOVING FORCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOVING FORCE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND MOVING FORCE'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT MOBILE MOVERS PROVIDING TRANSPORTATION SERVICES REQUESTED THROUGH SOME MOVING FORCE SERVICES MAY OFFER RIDESHARING OR PEER-TO-PEER TRANSPORTATION SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. YOU ACKNOWLEDGE THAT MOBILE MOVERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF MOVING FORCE.

THE SERVICES MAY BE USED BY YOU TO REQUEST AND SCHEDULE LOGISTICS SERVICES WITH MOBILE MOVERS, BUT YOU AGREE THAT MOVING FORCE HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR LOGISTICS SERVICES PROVIDED TO OR NOT PROVIDED TO YOU BY MOBILE MOVERS OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS.

MOVING FORCE SHALL NOT BE LIABLE FOR ANY DAMAGES, {Put in Moving Terms & Conditions}.

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MOVING FORCE’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON MOVING FORCE’S CHOICE OF LAW PROVISION SET FORTH BELOW.

Indemnity

You agree to indemnify and hold Moving Force and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Moving Force's use of your User Content; or (iv) your violation of the rights of any third party, including Mobile Movers.

8. Other Provisions

Choice of Law.

These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement in Section 2 above or in Supplemental Terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state.

Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.

Choice of Forum.

Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in Supplemental Terms applicable to your region.

Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury (including but not limited to sexual assault or harassment claims) that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to these Terms, shall be brought exclusively in the state or federal courts in the state in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement in Section 2 or in Supplemental Terms applicable to your region, to the extent permitted by law.

The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement in Section 2, and we refer you to Section 2 for the applicable provisions for such disputes.

Claims of Copyright and Trademark Infringement.

Claims of copyright and trademark infringement should be sent to Moving Force’s designated agent.

Notice.

Moving Force may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your Account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. 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 at the time of sending (if sent by email, telephone, or on or through the Services). Notwithstanding the foregoing, notice of any modifications to these Terms shall be effective upon posting an updated version of these Terms on Moving Force’s website or through the Services. You may give notice to Moving Force, with such notice deemed given when received by Moving Force, at any time by first class mail or pre-paid post to:

You may not assign these Terms without Moving Force’s prior written approval. Moving Force may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Moving Force's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this Section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Moving Force, any Mobile Mover, or any Out-of-App Experience Provider as a result of these Terms or use of the Services. If any provision of these Terms 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. Moving Force's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Moving Force in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.