The following Terms of Service (or “Terms”) are applicable to you and your access to and use of the website www.myhomedelivery.com (the “Website”), the My Home Delivery App (the “App”), as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”). The Service is owned and operated by My Home Delivery and/or its parent companies, subsidiaries, and affiliates (collectively, “My Home Delivery,” “Company,” “we,” “us,” or “our”). Your use of the Service is at all times subject to these Terms of Service, as the same may be modified by us, and all applicable laws, rules, and regulations. Please read these Terms of Service carefully. You must be at least 18 years of age or the age of majority in your jurisdiction, whichever is greater, to use the Service. By accessing or using any part of the Service, you accept, without limitation or qualification, these Terms of Service and agree to be legally bound by them. If you do not agree with all of these Terms of Service, you may not use any portion of the Service. If you are dissatisfied with these Terms or the Service or any material on the Service, your sole and exclusive remedy is to discontinue using the Service. THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS. ACCESSIBILITY — IF YOU ARE HAVING ANY TROUBLE ACCESSING THESE TERMS OF SERVICE OR THE SERVICE, PLEASE CONTACT US AT +1 (877) 837-9755.
SERVICE OVERVIEW This Service enables individual customers (“Customers”) and service contractors which provide transportation and delivery of goods (“Carriers”) to connect, and ultimately enter into a transaction for work (a “Project”). Such transactions are bid upon and accepted through the Service. Using the Service, Customers can submit a delivery inquiry (an “Inquiry”) for a Carrier to pick up the item(s) Customers specify in a Project for loading, unloading, moving, and hauling services. Customers can indicate whether Projects are to be completed on demand (“On-Demand Projects”), or scheduled for a later date and time (“Scheduled Projects”). Customers will receive a price estimate and breakdown for their Inquiry (the “Service Fee”). Upon payment submission, an authentication and hold for the amount will be placed on the Customer’s chosen payment method. The Customer’s Inquiry will then be sent out to our network of Carriers. The Customer will receive a notification through the App when a Carrier has accepted the Customer’s Inquiry, at which point the authenticated Service Fee will be captured, and the Customer will be entered into a transaction for work with the Carrier (a “Delivery”). The Customer will be able to communicate with that Carrier through the App to confirm or coordinate all aspects involving completion of the Delivery. My Home Delivery is the marketplace for Customers and Carriers to meet. My Home Delivery does not vet information provided by users of the Service. You agree not to hold My Home Delivery responsible for the acts or omissions of the other party in connection with the Project or otherwise. You acknowledge that My Home Delivery is merely the platform for connecting Customers and Carriers, but it is ultimately and solely those two parties who will be contracting with one another for all aspects in connection with the Project. My Home Delivery does not and cannot perform such functions. Carriers are not employees, subcontractors, or agents of My Home Delivery.
AUTHORIZED USE OF THE SERVICE You may only use the Service as set forth in these Terms of Service and as described on the Service. You must be 18 years of age and the age of majority in your place of residence in order to be a Customer or a Carrier. The Service is further described in www.myhomedelivery.com/helpdesk. Subject to the foregoing, My Home Delivery hereby grants you a limited, non-transferable, revocable license to use the Service. You may only use the Service in compliance with all applicable laws, rules, and regulations, and any agreements or terms with third parties to which you are subject (“Applicable Laws”). By using the Service, you agree to: • Provide only true, accurate, current, and complete information, and maintain and promptly update such information to keep it true, accurate, current, and complete; • Upload and disseminate only content or information that you own all required rights to under Applicable Laws, are authorized to disseminate (including not being subject to any confidentiality obligations), and do so only consistent with Applicable Laws and as permitted by any agreements to which you are bound; • Use reasonable efforts to prevent unauthorized access to or use of the Service; • Keep user IDs and all other login information confidential; • Monitor and control all activity conducted through your account in connection with the Service; and • Promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a user ID or account.
YOUR OBLIGATIONS AND COMMITMENTS You understand and acknowledge that it is solely your obligation to ensure that your use of the Service is in compliance with all Applicable Laws. While My Home Delivery may make reasonable efforts to ensure that users are providing the necessary information upon registration and may remove users or information upon becoming aware of a problem, My Home Delivery does not review the bids or Projects to ensure their accuracy or compliance with Applicable Laws. This means that if you are a Customer hiring a Carrier, you and not My Home Delivery shall ultimately be responsible for determining whether the Carrier is sufficiently suited and qualified for the Project. My Home Delivery is not performing this function for you. Similarly, if you are a Carrier being engaged by a Customer for a Project, it is your job to ensure that the Project terms are acceptable. My Home Delivery does not form any such functions in connection with a Project. You may register for an account with the Service. Your account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You may not share your account with another person. All registration information about you must be truthful, and you may not use any aliases or other means to mask your true identity. We may edit your account to correct typographical errors, information entered in incorrect fields, or to remove content that violates these Terms of Service. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password. We may suspend or terminate your access at any time with or without notice. You must immediately notify My Home Delivery of any known or suspected unauthorized use(s) of your account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information. When you are acting as a Customer, the following additional terms apply to you: • You must have a genuine and bona fide intention of engaging the Carrier when corresponding and sharing information with the Carrier. • You may contact Carriers through the Service, as further described in the Service. • You agree to comply with all Applicable Laws in connection with this Service and any Projects. • You must follow the process for engaging a Carrier as set forth in the Service, and may not circumvent the Service in order to deal with Carriers. • You must fully disclose all necessary information in connection with the proposed Project, including all issues regarding the goods to be transported, including the nature, size, weight, and value of the goods, location of pickup and delivery, timing, contingencies, building requirements, and more. You understand that estimates for a given Project are based upon your full and accurate disclosure of this information, and you agree not to misrepresent or omit any material information regarding the proposed Project. • You will pay all fees, assessments, taxes, and other payments required of a Customer by Applicable Law and common practice in connection with the Project. • You agree to pay My Home Delivery all applicable fees as set forth in the Service and as set forth below for Projects, and agree that My Home Delivery may charge your credit card on file for all such fees. Subject to the terms herein, all fees are non-refundable and not subject to set-off. • You will complete any transactions with a Carrier as directed to do so by the Service. • You shall independently evaluate the capabilities of the Carrier. If a Carrier does not start or satisfactorily complete the Project, your sole remedy is through the Service. In particular, you may freely communicate with the Carrier through the Service while the Project is in progress, and for 24 hours after Delivery is completed. After this 24-hour period has expired, your sole recourse is to communicate with My Home Delivery through the Service’s Customer Service system. • You agree that under no circumstances shall you hold My Home Delivery responsible for any acts or omissions of a Carrier, including if a Carrier has provided false information through the Service, misrepresented itself or the Project, fails to or negligently performs the Project, or has otherwise caused any damage or harm. When you are acting as a Carrier, the following additional terms apply to you: • Prior to using the Service, you agree to execute an Independent Contractor Agreement (“ICA”) with My Home Delivery and provide My Home Delivery with all documentation and information requested. • You must have all rights, licenses, permits, insurances, bondings, and qualifications to accept and perform the Projects. • You agree to comply with all Applicable Laws in connection with this Service and any Projects. • You acknowledge and agree that: (i) all payments due to you in connection with the Service shall be made by My Home Delivery in accordance with the terms set forth in the ICA; and (ii) the Customer shall not make any payments to you directly for your services provided via the Service. You must follow the process as set forth in the Service and the ICA for invoicing and receiving payments from My Home Delivery for all services rendered through the Service. You agree that you have no right to any payment in connection with the Service (from My Home Delivery or otherwise) other than as set forth in the ICA. • You must follow the process as set forth in the Service for engaging with Customers, and may not circumvent the Service in order to deal with Customers directly. • You shall independently evaluate the value and all factors in connection with a Project and acknowledge that the information from the Customer may be incomplete or inaccurate. • You agree that under no circumstances shall you hold My Home Delivery responsible for any acts or omissions of a Customer, including if a Customer has provided false information through the Service, misrepresented itself or the Project, or has otherwise caused any damage or harm.
PAYMENTS TO MY HOME DELIVERY My Home Delivery will charge Customers a base fee for each scheduled Project (“Base Fee”). Customers are eligible for a full refund until such time that their Project has been accepted and scheduled by a Carrier, at which point, the Customer’s payment will be captured. After payment has been captured, the Base Fee shall be automatically charged to the Customer’s credit card registered with My Home Delivery and will be non-refundable. The Customer is then eligible for a partial refund of the full Project cost minus the Base Fee. For Scheduled Projects, partial refunds are available up until 24 hours prior to the time of the scheduled pickup; for On-Demand Projects, partial refunds are available until the Carrier’s vehicle is in route to the Customer’s pickup location. Once the Customer’s item(s) have been picked up by the Carrier, the Customer must accept the Delivery—items cannot be returned or stored by My Home Delivery or its Carriers. My Home Delivery will charge the Customer for the full amount of the Project upon the Carrier’s completion of services. Payments made to My Home Services are non-refundable, provided, however, that My Home Services may, in its sole discretion, refund payments if a Project is not completed by the Carrier. By placing a credit card on file with us, the Customer authorizes My Home Delivery to charge the Customer’s credit card for any fees due as a result of using the Service. The Customer authorizes My Home Delivery to consolidate balances from any duplicate accounts the Customer may have created on the Service and bill them to the Customer’s credit card. The Customer may revoke this authorization in accordance with the cancellation policy stated in these Terms of Service. By using the Customer’s credit card to pay My Home Delivery, the Customer unconditionally waives any and all “charge back” rights. If the Customer has a question about a charge on their credit card, the Customer agrees to contact My Home Delivery as described on our Customer Services page. If the Customer deliberately or inadvertently issues a “charge back” to their credit card, the Customer’s account may be terminated and the Customer agrees to pay a processing and collection fee to cover My Home Delivery’s costs for processing each charge back. Failure to pay these fees will result in the Customer’s account being turned over to a collection agency. Past due balances will be subject to a finance charge of 1.5% per month or the highest amount permitted by applicable law, whichever is lower. If the Customer’s account is past due, the Customer agrees to pay any and all related collection costs including but not limited to court costs, attorney’s fees, collection agency fees, and administrative costs. Unless otherwise stated, all fees are quoted in U.S. Dollars. Customers and Carriers are responsible for paying all applicable taxes for all services rendered and other costs incurred as a result of the provision of services to Customers. My Home Delivery will charge a commission of the gross agreed upon price for each scheduled Project. Commissions based on the proposed Project shall be automatically charged to the Customer’s credit card registered with My Home Delivery the time the Customer accepts the Carrier’s services. All payments due to Carriers relating to Projects through the Service shall be made by My Home Delivery in accordance with the terms set forth in the ICA, and Customers shall not make any payments to Carriers directly for their services. Carriers must follow the process as set forth in the Service and the ICA for invoicing and receiving payments from My Home Delivery for all services rendered through the Service.
SOCIAL MEDIA ACCOUNTS; THIRD PARTIES AND LINKS We may enable interaction with our Service through social media features, such as Facebook/Metaverse, Instagram, LinkedIn, and other methods. We do not control those social media services, your profiles on those services, or establish rules about how your personal information on those services will be used. You and the social media service providers are in control of those issues, not My Home Delivery. Therefore, you should become familiar with how their features and services work before using their functionality that may be available on our Service. This Service may contain information from third-party service providers and third-party sources, including vendors, suggestions, tips, advice, and other information. These third-party providers and sources are provided by My Home Delivery merely as a convenience. Despite any such third-party information that might appear on the Service, we do not endorse and are not affiliated with such third parties unless the Service clearly states otherwise. We encourage you to read the terms and conditions and privacy statements of each and every service provider and website that you visit. We are not responsible for the practices or the content of such other websites or services.
CHANGES My Home Delivery, in its sole discretion, may modify, enhance, discontinue or otherwise change the Service and all content or features of the Service, in whole or in part, at any time without notice to you. In addition, My Home Delivery may modify these Terms of Service at any time. All changes to these Terms of Service shall be posted on this web page or on the App, or My Home Delivery shall otherwise provide you with access to such changes. Your continued use of the Service after such changes have been made available to you means that you accept such changes. However, My Home Delivery does not have the ability to change the terms relating to any Project agreed to between the Customer and the Carrier. The information in the Service may contain typographical errors or other errors or inaccuracies and may not be complete or current. We, therefore, reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
PROHIBITED USE You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, or otherwise reproduce, store, or distribute content available on the Service. Further, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Service. You may not resell use of, or access to, the Service to any third party or access the Service in order to compete with My Home Delivery or damage the Service in any way. We may, but are under no obligation to, monitor your usage of the Service to confirm compliance with these Terms of Service. You agree not to take any actions that are misleading, unfair, deceptive, or that violate any Applicable Laws or the rights of any third parties.
COMMENTS AND REVIEWS The Service may provide you with a forum to express your opinions in a chat room, blog, review form or other online discussion group. In addition, you may be able to upload or link to content, such as photos and videos. When using such forums, you agree that: (i) you have the right to post all information and materials; (ii) all opinions expressed are genuinely held based upon your own experiences; and (iii) you will not post any content that is libelous, defamatory, or invades any privacy or publicity rights of any third party, or is abusive, vulgar, hateful, obscene, scandalous, inflammatory or otherwise objectionable, or infringes any copyright, trademark, service mark, patent, trade secret or confidentiality obligation. You agree to be solely liable for the content all of all information posted by you. You hereby grant My Home Delivery a perpetual license to use, redact, republish, copy, and distribute your postings (including your name) in any medium now known or hereinafter developed without payment of compensation to you. The Service may enable you to post reviews or otherwise comment about the products, services, or actions of another person or business, including the Customers or Carriers. All of the rules above regarding proper behavior apply to such reviews. We are not responsible for the content of such reviews. We may include, remove or modify any content provided by a Customer, Carrier, or other party at any time in our sole discretion.
NO IDEAS ACCEPTED We do not accept any unsolicited ideas regarding the Service from outside the Company including, without limitation, suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to us, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.
TERMINATION In addition to any right or remedy that may be available to us under these Terms of Service or Applicable Laws, we may suspend, limit, or terminate your account, or all or a portion of your access to the Service, at any time with or without notice and with or without cause. You may terminate your use of the Service at any time. However, no termination shall eliminate a Customer’s obligation to pay My Home Delivery for any fees, including Base Fees, or any payments for Projects completed through the Service. Payments made to My Home Services are non-refundable, subject to the terms herein. My Home Services may, in its sole discretion, refund payments if a Project is not completed by the Carrier.
PROPRIETARY RIGHTS My Home Delivery or its licensors are the exclusive owners of all content, software, graphics, designs, programs, data, and all copyrights, trademarks and other intellectual property or proprietary rights contained on or used in connection with the Service (collectively, the “My Home Delivery Materials”). Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any materials on the Service, including the My Home Delivery Materials, without the prior written consent of the owner of such materials. All rights not granted under these Terms of Service are reserved by My Home Delivery and its licensors. Subject to your strict compliance with these Terms of Service, we grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the My Home Delivery Materials (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any My Home Delivery Materials; and (ii) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability.
NO WARRANTIES THE SERVICE, INCLUDING ALL CONTENT, DATA, INFORMATION, OR SERVICES MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND MY HOME DELIVERY, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, AND SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, FEATURES, PROGRAMS, OR SERVICES ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MY HOME DELIVERY, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MY HOME DELIVERY, ITS AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY CONTENT, INFORMATION, OR SERVICES CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED, OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MY HOME DELIVERY SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, INFORMATION, OR SERVICES AND ANY ERRORS CONTAINED THEREIN THAT ARE PROVIDED BY THIRD PARTIES. IN NO EVENT WILL MY HOME DELIVERY, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS AND SERVICE PROVIDERS BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT MY HOME DELIVERY, ITS AFFILIATES, AGENTS, BUSINESS PARTNERS, OR SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser of: (i) the amount paid by you to My Home Delivery in connection with the Service during the prior twelve (12) months; or (ii) ten dollars ($10).
INDEMNITY You agree to defend, indemnify, and hold harmless My Home Delivery, its affiliates, agents, advisors, business partners, licensors, service providers, and each of their respective officers, directors, employees, representatives, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and expenses) arising from: (i) any breach by you of these Terms of Service; (ii) any content or information uploaded by you to the Service; (iii) your use of content or information available on the Service; (iv) any Projects or dealings with a Customer or Carrier, respectively; or (v) a violation by you of any Applicable Laws.
DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE Materials may be made available via the Service by third parties not within our control (such as photos uploaded by a user). We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service. If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. All DMCA notices should be sent to our designated agent as follows: My Home Delivery Attn:_Gina Colon_ 95 Cedar Ln, Suit 5 Englewood, NJ 07631 Tel: +1 (877) 837-9755 Email: email@example.com It is our policy to terminate relationships regarding content with parties who repeatedly infringe the copyrights of others.
Governing Law; Dispute Resolution; Arbitration The laws of New Jersey shall govern these Terms of Service. While we will make reasonable efforts to resolve any disagreements you may have with the Company, if these efforts fail, you agree that all claims, disputes, or controversies against the Company arising out of these Terms of Service, or the purchase of any products or services (“Claims”) shall be exclusively submitted to binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, injunctive, or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third-party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and the Company agree in writing, and the arbitrator shall apply New Jersey law consistent with the Federal Arbitration Act. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS OR TO ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. You may obtain copies of the current rules, and forms and instructions for initiating arbitration by contacting the American Arbitration Association using the contact information noted below. American Arbitration Association Website: www.adr.org A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms of Service, in which case these Terms of Service will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties. We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is determined by the court to be outside its jurisdiction, the parties agree that the dispute shall then be submitted to arbitration.
JURISDICTION Our Service is provided from the United States and all servers that make it available reside in the United States. The laws of other countries may differ regarding the access and use of the Service. We make no representations regarding the legality of the Service in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.
SEVERABILITY If any part of these Terms of Service shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Service.
CONFLICTS If you are a Carrier and have entered into an ICA with My Home Delivery, the terms of the ICA are controlling and will supersede any conflicting terms in these Terms of Service.
WAIVER; REMEDIES The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Service by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Service. Our rights and remedies under these Terms of Service shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
Additional Terms for Users of Apple and Google Devices If you have downloaded the App via an Apple or Google store, including the iTunes Store or Google Play, the following shall apply: You acknowledge and agree that these Terms of Service are solely between you and Company, not Apple or Google, and that neither Apple nor Google has any responsibility for the App or Service. Your use of the App must comply with Apple and Google’s store terms and conditions, including Apple’s App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/us/terms.html and Google’s Google Play Terms of Service, located at https://play.google.com/intl/en-us_us/about/play-terms/index.html. You acknowledge that Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the App or Service. To the maximum extent permitted by applicable law, Apple and Google will have no warranty obligation whatsoever with respect to the App or Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to Company as provider of the App. You acknowledge that Apple and Google are not responsible for addressing any claims of you or any third party relating to the App or Service or your possession and/or use of the App or Service, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes or Google Play-sourced software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Service and any law applicable to Company as provider of the App. You acknowledge that, in the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, Company, not Apple or Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You and Company acknowledge and agree that Apple and Google and its and their subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the App, and that, upon your acceptance of these Terms of Service, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service as relates to your use of the App against you as a third-party beneficiary thereof. You represent that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
CONTACT INFORMATION Should you have any questions, or if you wish to report a problem with the Service or a Customer or Carrier, you may contact us at firstname.lastname@example.org.
EFFECTIVE DATE These Terms of Service were last updated on November 24th, 2021.