Terms and Conditions of Use

 

Effective February 27th, 2017

 

These Terms and Conditions of Use (“Terms and Conditions”) will be applied fully and affect your use of the Site (defined below) and the Service (defined below). By using the Site and the Service, you agree to accept all terms and conditions contained herein.  MoveLift may modify these Terms and Conditions in our sole and absolute discretion by posting the new Terms and Conditions with modifications on the Site.  Changes or modifications to the Terms and Conditions will be effective immediately upon posting such revised Terms and Conditions to the Site.  You may not modify any of these Terms and Conditions without express written authority from MoveLift.  Your continued use of Site and the Services constitutes acceptance of any and all changes and modifications to the Terms and Conditions.

 

If you do not agree to all of the Terms and Conditions or are under the age of 18, do not access, register or use the Site or the Service.

 

  1. Introduction and Definitions

 

MoveLift functions as an unbiased online venue for Customers (defined below) to search for and select moving Service Providers (defined below). Labor Services (defined below) booked with Service Providers on the Site are not guaranteed by MoveLift. Service Providers on the Site do not work for or represent MoveLift; therefore, completion, collection of payment, and satisfaction of Labor Services is not guaranteed by MoveLift. Licensing, insurance, registration, and compliance with federal/state/local laws are not validated by MoveLift. MoveLift is not responsible to assist Customers with the Labor Services or correspondence with any Service Provider. Any and all questions regarding Labor Services rendered or scheduled Labor Services must be addressed directly with the Customer’s selected Service Provider.

 

As used in the Terms and Conditions, the following definitions shall apply, whether the terms are capitalized or not:

 

You” and “Your” means the Customer or the Service Provider, as applicable.

 

Customer” means any person or entity desiring to book Labor Services through the Site.

 

We”, “Us”, “Our”, and “MoveLift”, means MoveLift, LLC, a Texas limited liability company.

 

Service Providers” means an entity or individual who provides moving services.

 

Labor Services” means services provided by Service Providers.

 

The “Service” means the service of connecting Customers with Service Providers on the Site.

 

The “Site” means MoveLift.com or any successor website.

 

  1. Additional Terms 

 

Labor Services available on the Site may be subject to additional terms and conditions. Additional terms and conditions may include, but are not limited to, service agreements provided to you by selected Service Providers and terms and conditions of Service Providers. Terms and conditions and all other operating rules, policies and procedures that may be published on the Site by MoveLift should be construed as part of these general Terms and Conditions.

 

  1. Services Offered 

 

MoveLift is intended to be used for selecting and scheduling moving Labor Services. Labor Services listed on the Site do not include moving trucks, containers, or any other means to transport belongings. MoveLift is not to be used by Service Providers to hire and/or market any service other than services being offered through MoveLift.  MoveLift connects Customers with Service Providers who provide Labor Services.  Service Providers pay a fee to MoveLift in order to be listed on the Site.  MoveLift does not endorse or recommend any Service Provider over any other Service Provider, and Customers’ use of a Service Provider is solely at its own risk.

 

  1. Registration and Your Account

 

In order to book Labor Service, you will be required to complete the registration process. Registering will require you to provide your e-mail address and to select a password. It is your responsibility to keep any information regarding your profile confidential. Further, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.  Once registered, you shall accurately complete any additional information requested by us. We reserve the right to refuse or cancel profiles for both Customers and Service Provider if it includes vulgar or obscene information, a profile is created for or under any user without such user’s authorization, or there is impersonation of a person.  If you suspect that your account has been accessed by an unauthorized user or there is any suspicion of a security breach on your account, please contact MoveLift immediately.  MoveLift further reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole and absolute discretion.

 

  1. Links

 

MoveLift may provide, or third parties may provide, links to other websites or resources.  MoveLift encourages you to read the terms and conditions of use, and privacy policy guidelines, of such other websites before conducting any material use of, or access with, such websites.  You acknowledge and agree that MoveLift is not responsible for the availability of such external sites or resources, and does not endorse (and is not responsible or liable for) any content, advertising products or other materials, goods or services on or available from such websites or resources or the accuracy thereof.  You further acknowledge and agree that, under no circumstances, will MoveLift be held responsible or liable, directly or indirectly, for any loss or damage that is suffered by or alleged to have been suffered by you in connection with your use of, or reliance on, any content, advertisements, products or other resources, goods or services available on any other website (regardless of whether MoveLift directly or indirectly links to such content, advertisements, products or other resources).  You should direct any concerns with respect to any other website to that website's administrator or webmaster.  MoveLift specifically disclaims any representations or warranties regarding the products, services, content, accuracy, reliability, and function of any third party website.  Furthermore, MoveLift does not endorse, recommend, and/or control any third party website.  Your use of any third party website is solely at your own risk.

 

  1. Restrictions

 

As a condition of use, you agree not to use the Service for any purpose that is unlawful or prohibited by these Terms and Conditions, or any other purpose not reasonably intended by MoveLift. You agree to abide by all applicable local, state, federal, and international laws and regulations. By way of example, and not as a limitation, you agree not to (a) take any action or (b) upload, post, submit or otherwise distribute or facilitate distribution of any content (including text, communications, software, images, sounds, data or other information) using any communications service or other service available on or through the Service, that: is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, profane or which otherwise violates these Terms and Conditions; infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); imposes an unreasonable or disproportionately large load on MoveLift’s computing, storage or communications infrastructure, or attempts to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password mining or otherwise; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of MoveLift or any third party; or harvests or collects any information from the Site; or impersonates any person or entity, including any employee or representative of MoveLift. MoveLift may, in our sole and absolute discretion, immediately terminate your access to the Site should your conduct fail to conform strictly with any provision of this section.

 

  1. Transaction for Services

 

You agree to use common sense and good judgment when using the Site. The Site and the Service are to be used for scheduling of Labor Services that you intend to use and pay for. MoveLift will not collect or attempt to collect any fees from Customers. Service Providers are responsible for collecting all service fees, including deposits and any remaining balance, from Customers directly. MoveLift does not guarantee Customers’ ability or willingness to pay for Labor Services. 

 

 

  1. E-mail Addresses; Confirmations and Text Message Alerts; Marketing

 

MoveLift will send information regarding scheduled Labor Services via e-mail and/or text message. By entering your e-mail address while registering, you expressly authorize MoveLift to send e-mails/text alerts related to the Labor Services. You are responsible for notifying MoveLift of any changes to your contact information for e-mail confirmations and text alerts. You agree to hold MoveLift harmless for any failure to deliver or any misdirected or delayed e-mails confirmations or text alerts.

 

In addition to e-mail confirmations and text alerts, MoveLift may also use your e-mail address for marketing purposes. By registering your account and providing MoveLift with your e-mail address, you agree to allow MoveLift to share your e-mail address with other persons or entities whom MoveLift believes trustworthy to enable such persons or entities to contact you regarding products and services that may be of interest to you.  If you prefer not to receive direct marketing from MoveLift or from other persons or entities with whom MoveLift has shared your e-mail address, or if you would like to opt out of MoveLift’s exchange of your information with other marketers, please let MoveLift know by sending an e-mail to 221 Bedford Rd. Ste 215, Bedford, TX 76022.  Please be sure to include your full name, e-mail address, mailing address, and specifically what information you do not want to receive.  If you would like, you may use on of the following statements in your message to MoveLift:

  • I prefer not to receive e-mail advertisements, such as updates regarding products and services, special promotions or upcoming events.
  • I prefer not to have my contact information provided to third parties for their marketing purposes.

 

You may also click the designated link at the bottom of all e-mail advertisements to unsubscribe from all future e-mail marketing updates.

 

Please note that any requests to remove your e-mail address may take up to five business days to process.

 

  1. Cancellation and Refunds

 

Service Providers are not obligated to issue refunds for unused time or cancellations that are not made at least 48 hours prior to the anticipated move date. The maximum cancellation fee a Service Provider may charge is equal to the rate for one hour of Labor Services unless the Service Provider has already dispatched its workforce.  Additional information on each Service Provider’s cancellation policy can be obtained directly from such Service Provider.

 

  1. Reviews and Posting Material to the Site

 

Customers may post reviews for Labor Services and Service Providers booked through the Site so long as the content is not illegal, untrue, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.  MoveLift reserves the right, but not the obligation, to remove or edit such content. Reviews will include a star grading system with categories determined by MoveLift. In additional to providing a “grade”, Customers will also be permitted to leave additional feedback under the comments section. When posting a review, you agree to provide accurate and fair information regarding Labor Services received from Service Providers.   

 

Service Providers can respond to all Customer reviews within the Site. The reply will be made public; therefore, it cannot include any personal Customer information, such as address, phone number, last name, payment details and e-mail address. Service Provider agrees to post accurate, fair information regarding Labor Services rendered to the Customer.

 

If you do post content or submit material, and unless we indicate otherwise, you grant MoveLift a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MoveLift and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MoveLift for all claims resulting from content you supply. MoveLift has the right but not the obligation to monitor and edit or remove any activity or content. MoveLift takes no responsibility and assumes no liability for any content posted by you or any third party or the accuracy thereof.

 

You expressly represent and warrant the following: (1) you are the owner, with all appurtenant rights thereto, of any and all communications, content and/or information posted on the Site; or (2) you are the legitimate and rightful grantee of a worldwide, royalty free, perpetual, irrevocable, sublicensable, nonexclusive license to use, distribute, reproduce and distribute such communication, content and/or information.

 

You further represent and warrant that any and all of your online communication, content and/or distribution of information:

  1. Will not violate any federal, state, or local law, regulation, rule, or statute;
  2. Will not violate the terms of these Terms and Conditions;
  3. Will not infringe any third party’s intellectual property rights including but not limited to copyright, patent, or trademark rights;
  4. Will not contain obscene, lewd, or suggestive content, and under no circumstances will it contain child pornography;
  5. Will not be libelous, threatening, harassing or defamatory;
  6. Will not contain any computer hardware or software, viruses or any other computer programming that may interfere with the operation of the Site, operation of any of our systems and or create or impose a large burden or load on the Site;
  7. Will not be used for commercial or public purposes outside of the requirements of these Terms and Conditions;
  8. Will not scan or test the vulnerability or security of the Site or the system within which it operates;
  9. Will not create liability for us in any manner whatsoever; and
  10. Frame or link to the Site.

 

You agree to use common sense and good judgment when conducting or posting any online communication or distribution of information. You assume legal responsibility for all damages incurred as a result of any of your online communication or distribution of information.

 

  1. Damage Claims and Disputes Between Customers and Service Providers

 

Claims for damage to property shall be governed by this paragraph and any disclaimers, releases, and limitations provided elsewhere in these Terms and Conditions.  MoveLift requires all Service Providers listed on the Site to cover/insure a minimum of $0.60 per pound per item as determined by the US DOT STANDARD WEIGHTS AND MEAUSUREMENTS. Items damaged during transit are not covered; coverage is only available for items damaged during loading and unloading.  Customer and damage claims are the sole responsibility of the Service Provider and will not be reviewed by MoveLift.  As such, any and all Customer and damage claims shall be presented to and handled by the Service Providers directly. All Customer and damage claims must be presented directly to the Service Provider within 90 days of the Customer’s move, and the Service Provider shall timely review such claims. The selected Service Provider shall determine claim status, including approval or denial, and make payment for any approved claims.

 

Complaints and disputes between Customers and Service Providers shall be resolved solely between such Customers and Services Providers.  MoveLift is not obligated to investigate and/or resolve any complaints or disputes between Customers and Service Providers, and MoveLift shall not be liable for any such complaints or disputes.

 

  1. Deactivation of Accounts

 

MoveLift reserves the right to deactivate or temporally block accounts without notice in our sole and absolute discretion. Reasons for permanent or temporary deactivation include, but are not limited to, the following: Customers’ failure to submit payment for Labor Services, Service Providers receiving poor reviews, Services Providers’ failure to perform Labor Services, and providing insufficient/inaccurate details within your profile.

 

  1. DISCLAIMER OF WARRANTIES

 

THE SERVICE AND THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". THE SERVICE AND THE SITE ARE 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 MOVELIFT MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OR SAFETY OF ANY SERVICE PROVIDER OR THE LABOR SERVICES THAT YOU MAY OBTAIN THROUGH USE OF THE SITE OR THE SERVICE. MOVELIFT DOES NOT REGULATE, MONITOR, OR GUARANTEE THE TIMELINESS OR QUALITY OF ANY WORK PROVIDED TO ANY CUSTOMER(S) BY ANY SERVICE PROVIDER(S). IF YOU ARE A CUSTOMER, YOU ENGAGE SERVICE PROVIDERS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OF WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.

WE MAKE NO GUARANTEE, REPRESENTATION OR WARRANTY THAT THE SITE OR OUR DATABASES, SYSTEMS AND INFRASTRUCTURE WILL OPERATE UNINTERRUPTED, WILL BE FULLY FUNCTIONAL, SECURE, WITHOUT UNAUTHORIZED ACCESS (INCLUDING THIRD PARTY HACKERS), OR ERROR FREE.

 

  1. LIMITATIONS ON LIABILITY; RELEASE; INDEMNIFICATION

 

IN NO EVENT WILL MOVELIFT OR ITS DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS AND THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES (COLLECTIVELY, "INDIRECT DAMAGES") ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING OUR NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY), EVEN IF MOVELIFT HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, MOVELIFT WILL NOT BE LIABLE FOR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH:

(A) THE USE OF OR THE INABILITY TO USE THE SITE AND/OR THE SERVICES;

(B) ANY LABOR SERVICES PROCURED THROUGH THE SITE OR THE SERVICE, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE; OR

(C) LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, A SITE USER’S TRANSMISSIONS OR DATA.

 

THE LIABILITY OF MOVELIFT TO YOU OR ANY THIRD PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, OUR PRIVACY POLICY, OR THESE TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING MOVELIFT’S NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY) IS LIMITED TO THE GREATER OF: (A) THE AMOUNT OF FEES ACTUALLY RECEIVED BY MOVELIFT FROM YOU IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $500.00.

 

AS A CUSTOMER, YOU UNDERSTAND AND AGREE THAT MOVELIFT HAS NO RESPONSBILITY OR LIABILITY FOR A SERVICE PROVIDER’S FAILURE TO PERFORM SERVICES OR FOR ANY DAMAGE ARISING FROM THE SERVICE PROVIDER’S PERFORMANCE OF SERVICES.

 

THESE LIMITATIONS ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THESE TERMS AND CONDITIONS AND SHALL APPLY NOTWITHSTANDING THE FAILURE OF ANY REMEDY PROVIDED HEREIN.

 

CUSTOMER HEREBY RELEASES MOVELIFT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (THE “RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OR LOSSES (INCLUDING ATTORNEY’S FEES AND EXPENSES) UNDER ANY THEORY OF LIABILITY, INCLUDING PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM OR IN ANY WAY RELATED TO ANY LABOR SERVICES OBTAINED THROUGH THE SITE AND THE SERVICE FROM ANY SERVICE PROVIDER. CUSTOMER FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MOVELIFT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, SUITS, OR PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES AND EXPENSES) ARISING OUT OF OR IN ANY WAY RELATED TO ANY LABOR SERVICES RECEIVED FROM ANY SERVICE PROVIDER, INCLUDING ANY CLAIMS FOR RECOVERY OF FEES OWED TO SUCH SERVICE PROVIDER.

 

  1. Copyright and Trademark Notices

"MoveLift" 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 MoveLift, LLC 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.

 

16.       Digital Millennium Copyright Act Notice

 

MoveLift 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 MoveLift’s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

It is MoveLift’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 Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of works or materials being infringed;
  3. 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 MoveLift is capable of finding and verifying its existence;
  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
  5. 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
  6. 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.

 

B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is MoveLift’s policy:

  1. to remove or disable access to the infringing content;
  2. to notify the content provider, member or user that it has removed or disabled access to the content; and
  3. that repeat offenders will have the infringing content removed from the system and that MoveLift will terminate such content provider's, member's or user's access to the Service.

 

C. Procedure to Supply a Counter-Notice to the Designated Agent:

If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
  3. A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the Northern District of Texas, Fort Worth Division, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, MoveLift may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MoveLift’s sole and absolute discretion.

Please contact MoveLift’s Designated Agent to Receive Notification of Claimed Infringement.

 

Designated Agent to Receive Notification of Claimed Infringement: Rod Dias, 221 Bedford Rd., Suite 215, Bedford, Texas 76022; e-mail: rdias@movelift.com.

 

17.       Privacy Policy

 

Movelift’s current privacy policy is available at http://www.MoveLift.com/privacy/ (the "Privacy Policy"), which is incorporated by this reference. MoveLift strongly recommends that you review the Privacy Policy carefully.

 

  1. Arbitration; Waiver of Certain Rights; Limitation on Claims

 

You and MoveLift agree to resolve any disputes between you and MoveLift through binding and final arbitration instead of through court proceedings. You hereby waive any right to a jury trial of any demands, claims, controversies, counterclaims, or other disputes. All demands, claims, controversies, counterclaims, or other disputes arising between you and MoveLift relating to these Terms and Conditions or the Site or the Service (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you or MoveLift from seeking action by federal, state, or local government agencies. You and MoveLift also have the right to bring qualifying claims in small claims court only in Tarrant County, Texas. In addition, you and MoveLift retain the right to apply to any court of competent jurisdiction located in Tarrant County, Texas for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms and Conditions, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms and Conditions.

Neither you nor MoveLift may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or MoveLift’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this section shall continue in full force and effect. No waiver of any provision of this section of the Terms and Conditions will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This section of the Terms and Conditions will survive the termination of your relationship with MoveLift.

Further, you agree that any Claim against MoveLift must be brought within ninety (90) days of your move after using the Service, and any Claims not brought within such time are barred.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR MOVELIFT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

 

  1. Waiver of Jury Trial; Waiver of Class Action

 

If for any reason the above provision requiring arbitration is declared unenforceable, void, or voidable, or if any action or judicial proceeding is permitted other than as contemplated by these provisions, each party waives any right it may have to a trial by jury and to act as a class representative, to seek certification of a class, and to participate as a member of a class of claimants.

 

  1. Governing Law; Jurisdiction; Venue

 

The Terms and Conditions will be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law principles that would require the application of the laws of a different state.  VENUE FOR ANY COURT ACTION ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE TERMS AND CONDITIONS AND/OR YOUR USE OF THE SITE AND THE SERVICE SHALL LIE EXCLUSIVELY IN THE COURTS LOCATED IN TARRANT COUNTY, TEXAS, AND YOU IRREVOCABLY CONSENT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED IN TARRANT COUNTY, TEXAS AND AGREE NOT TO REQUEST A TRANSFER TO ANY OTHER VENUE BASED ON LACK OF PERSONAL JURISDICTION OR INCONVENIENCE OF THE FORUM OR ANY OTHER SIMILAR THEORY.

 

  1. Assignment

 

You may not assign or transfer your rights under these Terms and Conditions without MoveLift’s express, prior written consent.  Any attempt to assign or transfer your rights shall be null and void.  MoveLift may assign its rights and interest at any time and without prior notice to you and without your consent.

 

  1. Independent Contractor

 

You hereby agree and acknowledge that your use of the Site and the Service does not confer or imply any agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between your service provider and MoveLift whatsoever.

 

  1. Notices

 

All notices to MoveLift shall be sent by certified mail, return receipt requested, registered mail, or overnight delivery to:

 

MoveLift, LLC

221 Bedford Rd., Suite 215

Bedford, Texas 76022

 

  1. Severability; Reformation

 

Each provision of these Terms and Conditions is intended to be severable. If any term, covenant, condition, or other provision of these Terms and Conditions is found by an arbitrator or court of competent jurisdiction to be unlawful, invalid or unenforceable for any reason whatsoever, such illegality, invalidity, or unenforceability shall not affect the remaining parts of these Terms and Conditions, and all such remaining parts hereof shall be valid and enforceable and have full force and effect as though the illegal, invalid, or unenforceable provisions had not been included.  Furthermore, in lieu of such illegal, invalid, or unenforceable provision, there shall be added automatically as part of these Terms and Conditions a provision as similar in its terms to such illegal, invalid, or unenforceable provision as may be possible to be legal, valid, and enforceable.

 

  1. Waiver

 

The failure of MoveLift to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.  Further, no waiver by MoveLift of any breach or default hereunder shall be deemed a waiver of any preceding or subsequent breach or default.

 

  1. Headings

 

The headings contained in these Terms and Conditions are inserted for convenience only and shall not affect the meaning or interpretation of these Terms and Conditions or any provision hereof.

 

  1. Integration

 

These Terms and Conditions supersede any and all prior discussions and agreements of the parties with regard to the subject matter herein and governs your use of the Site and the Service.

 

  1. No Third Party Beneficiaries

 

No person or entity other than the parties hereto shall have any rights or claims under these Terms and Conditions.