1. OVERVIEW AND CHANGES
The Platform provides an online marketplace where legal persons or individuals holding an account within the Platform as potential or existing customers of service providers (“Providers”) (“Customer(s”)) may request and accept offers from legal persons or individuals holding an account within the Platform as contractors or providers of services or of physical or intellectual works (“Provider(s)”), and where Providers may submit offers or accept offers in response to requests from Customers for moving services.
You acknowledge and agree that MM:
- does not select, approve or recommend Customers or Providers;
- by making the Platform available to Users, is only providing a means for Customers to publish request for services and accept offer for services, and for Providers to respond to such requests with offers for services, for Users to find and select each other with a view towards entering into contracts;
- is not party to any such contracts that may be formed between Customers and Providers as a result or in the course of the use of the Platform;
- cannot be obliged to provide any dispute resolution services to Users and cannot be held responsible for any situation arising from conflicts between Customers and Providers or from any malicious or fraudulent act or activity by any user; and
- is only an interactive computer service and is not the publisher of, and therefore not liable for, information or representations made by Customers, Providers, Users, or any third party using MM’s Platform, website or applications, pursuant to the Communications Decency Act (“CDA”). 47 U.S.C. § 230.
3. ELIGIBILITY AND AUTHORIZATION
If you are an individual, in order to use the Platform, you must be of the age to consent and possess the power of discernment to enter into contracts alone to meet User’s ordinary and usual needs.
If you are using the Platform as the agent or representative of another person, you must be at least 18 years old or of the appropriate age in the jurisdiction where you are using the Platform to enter into contracts.
You acknowledge and agree that MM may, but is not obligated to, make any inquiries it considers necessary, directly or through third parties, to validate User’s identity or the accuracy or completeness of information that you provide. This may include asking you for further information, requiring you to take steps to confirm User’s access to User’s email address and verifying User’s information against databases maintained by MM or third parties or through other sources.
4. USERNAME AND PASSWORD
You will be asked to choose a username and a password that meets the requirements established by MM. You are responsible for safeguarding the password that you use to access and shall not disclose it to any third party nor use the account of a third party. If you know of or suspect any breach of security or unauthorized use of the User’s User account, you shall immediately notify MM. You acknowledge and agree that MM may hold you accountable for any breach of security or such unauthorized use of the User’s User account.
5. USER-GENERATED CONTENT
User Generated Content refers to the content added by Users (as opposed to content created by MM). All content uploaded to the Platform by Users is deemed user-generated content (“UGC”). MM does not monitor UGC for appropriateness or violations of copyright, trademarks other rights or violations, including material that violates the Allow States and Victims to Fight Online Sex Trafficking Acts (“FOSTA”) the Stop Enabling Sex Traffickers Acts (“SESTA”) of 2018. Anyone may report claimed violations together with proof of ownership as appropriate. Any UGC reported as violations may be removed or disabled.
By submitting an offer in response to a request for offers, the Provider represents and warrants to MM that it has sufficient permissions, rights or licenses to perform the work or services described in the offer.
Each User grants to MM a non-exclusive and unlimited license in respect to all UGC that it owns.
6. COMMUNICATIONS BETWEEN USERS AND FEEDBACK
At any given point, a Customer and a Provider may send each other messages via the Platform. Customers undertake to refrain from sharing contact information about themselves directly with Providers and Providers undertake to refrain from requesting contact information of a Customer directly from such Customer. MM may, but is not obligated to, monitor messages sent between Users via the Platform, to ensure Users’ compliance with these terms.
MM may allow Customers to publish evaluations and comments regarding Providers which will be associated with the Providers’ profiles and visible to all Users. MM may, but cannot be obliged to, edit or delete evaluations and comments pertaining to any Provider. Further, MM is not the publisher of UGC and is not liable for information or representations made by Customers, Providers, Users, or any third party using MM’s Platform, website or applications, pursuant to the Communications Decency Act (“CDA”). 47 U.S.C. § 230.
7. PRICING, PAYMENTS, and TERMS
Customers may use the Platform to publish requests for offers for free. Providers may use the Platform to submit offers in response to requests for offers in consideration for payments of the applicable fees made in accordance with the pricing published on the website accessible from www.movermatch.com, which may be amended by MM at any time at its sole discretion. A Customer may choose to accept an offer but is not obligated to accept any and may choose to withdraw or have automatically expire any request for offer that he published.
Providers are held to the following terms, at minimum:
- Providers must subscribe to MM on month-to-month basis to use the Platform—each monthly billing cycle is based on 30 calendar days.
- The monthly subscription rate is $19.99 per month for Providers payable to MM upon registering with the Platform and at the commencement of each 30-calendar day billing cycle thereafter via automatic clearing house (“ACH”) payments from the Provider’s bank account or credit card.
- The monthly subscription may be cancelled at any time by the Provider and the Provider will receive a refund of any unused portion of the monthly subscription rate that is unearned as amortized over the current 30-day billing cycle.
- Provider acknowledges and agrees that as a condition of subscription and use of the Platform, Provider has and shall maintain all necessary insurances in the following amounts:
i. General liability insurance, with MM as an additional insured, in the amount of $_______________.
ii. Worker’s compensation insurance, with MM as an additional insured, in the minimum amount and as required under California law.
iii. Automobile liability insurance, with MM as an additional insured, in the amount of $1,000,000/$5,000,000.
iv. Bond, with MM as an additional indemnitee, in the amount of $_______________.
v. And any other insurance as required to satisfy California law as it pertains to Provider’s obligations as an employer and validly licensed to do business in the State of California.
f. Any and all jobs, offered or accepted by Provider, that are procured through the MM website and Platform shall be subject to a non-negotiable 15% fee of the gross amount of the contract, which shall be deemed a finder’s fee or broker’s fee.
g. MM shall collect the full amount of any job from the Customer prior to commencement of the job by the Provider, and retain the full amount in an impound account until such time that the Provider and Customer confirm that the job is completed. Once Provider and Customer confirm the job is completed, MM will disburse the amount collected from the Customer to the Provider, less MM’s 15% fee.
h. If a Customer cancels a job prior to its commencement, the Customer shall be subject to a 10% cancellation fee based on the total cost of the job. MM shall disburse the cancellation fee to the Provider, less MM’s 15% fee, which in this case shall be calculated from the cancellation fee.
The Users acknowledge and accept that if a Provider fails to timely comply with any of its obligations under this section, MM may immediately withdraw the Provider’s offer, without prior notice, and modify the status of the Customer’s related request for offers accordingly to allow the Customer to consider other offers.
8. DISTANCE CONTRACTING
When a Provider communicates with a Customer who is prepared to accept its offer, the Provider and Customer are free to enter into a contract between them or not.
When presenting an offer without the Provider and the Customer being in one another’s presence, the Provider will disclose the following information to the Customer before a contract between them is entered into:
- the Provider’s name and any other name under which the provider carries on business;
- the Provider’s address;
- the Provider’s telephone number and, if available, the Provider’s fax number and technological address;
- a detailed description of goods or services that are to be the object of the contract to be entered into, including characteristics and technical specifications;
- an itemized list of the prices of the goods or services that are to be the object of the contract, including associated costs charged to the Customer and any additional charges payable under any tax, fee or fine as require under law;
- a description of any possible additional charges payable to a third party, such as customs duties and brokerage fees, whose amounts cannot reasonably be determined;
- the total amount to be paid by the Customer under the contract and, if applicable, the amount of installments, the rate applicable to the use of an incidental good or service and the terms of payment;
- the currency in which amounts owing under the contract are payable if not United States dollars;
- the date on which, or the time within which, the Provider’s principal obligation must be performed;
- if applicable, the mode of delivery, the name of the carrier and the place of delivery;
- the applicable cancellation, rescission, return, exchange and refund conditions if any; and
- any other applicable restrictions or conditions.
The Provider must present the information prominently and in a comprehensible manner and bring it expressly to the Customer’s attention; in the case of a written offer, the Provider must present the information in a manner that ensures that the Customer is able to easily retain it and print it.
9. PROHIBITED CONTENT AND/OR ACTIVITY
MM, in its sole discretion, may take any action against anyone who infringes the rights of anyperson, including without limitation, removing offending content from the Platform orterminating the User account of any User.
In addition, the User agrees not to:
- circumvent, modify, delete, disable or interfere with any security technology or software that is part of the Platform;
- collect electronic addresses (including email addresses), passwords or other personal information of other Users of the Platform by any means;
- disrupt the normal flow of dialogue on the Platform with an excessive amount of content or otherwise negatively affect other Users’ ability to use the Platform
- use the Platform in any manner that could interfere with the general use of the Platform;
- transmit junk mail or spam;
- impersonate another User or falsely state or otherwise misrepresent User’s identity;
- use another User’s User account without such User’s authorization;
- transfer User’s MM User account to another person without MM’s consent;
- violate any local, state or federal law, including but no limited to publishing material that violates the Allow States and Victims to Fight Online Sex Trafficking Acts (“FOSTA”) the Stop Enabling Sex Traffickers Acts (“SESTA”) of 2018.
10. LINKS TO OTHER ONLINE LOCATIONS
The Platform may contain links to third-party web sites or services that are not owned or controlled by MM.
MM has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that MM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
11. EXCLUSION OF WARRANTY
Your use of the Platform, its content and any work or services obtained through the Platform is at User’s own risk. MM makes no warranty of any kind regarding this Platform, which is provided on an “as is” basis. The Platform, its content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including implied warranties and conditions of merchantability, fitness for a particular use and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Without limiting the generality of the foregoing, MM does not make any warranty or representation with respect to the security, quality, accuracy, reliability completeness, currency or availability of the Platform or of any content found on the Platform and makes no warranty that the Platform, its servers or any e-mail sent from MM are free of viruses or other harmful components.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
12. LIMITATION OF LIABILITY
In no event will MM, its service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with misuse, use or inability to use, the Platform, any websites linked to it, any content on the Platform or such other websites or any services or items obtained through the Platform or such other websites, including
- any direct, indirect, special, incidental, consequential or punitive damages, an
- not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
13. VIOLATION OF TERMS AND INDEMNIFICATION
User agrees to indemnify and hold harmless MM against any claims or expenses relating to
The User agrees to indemnify MM for any damage caused by the User to MM.
14. NO PARTNERSHIP OR AGENCY
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists or is created between any User and MM as a result of the use of the Platform.
15. PERSONAL INFORMATION PROTECTION POLICY
16. GENERAL PROVISIONS
Upon termination, User’s right to use the Platform will immediately cease.
17. CUSTOMER’S RESPONSIBILITIES AND RELEASE OF LIABILITY
By Customer’s use of the MM website and Platform, Customer acknowledges and agrees to the following:
- That MM is not a party to any contract for services formed between the Provider and Customer for moving or other services contemplated to be completed by the Provider.
- That MM is not responsible in any manner for the theft, destruction, damage or loss of any kind to Customer’s personal property or possessions by the Provider, its employees, officers, directors, agents, servants, contractors, or assigns.
- That Customer is responsible for verifying that Provider’s insurances, bonds, licenses and registrations are current, valid and in force, in addition to the limits of any bond or insurance policy to cover Customer’s specific needs.
- That MM does not stand a guarantor or warrantor for Provider, Provider’s performance of the services contemplated by Customer and Provider, for any breaches thereof, or any act of negligence or intentional conduct by the Provider, its employees, officers, directors, agents, servants, contractors, or assigns.
- That Customer is responsible to carry its own insurance on personal property via a renter’s insurance policy or homeowner’s insurance policy that indemnifies and covers Customer for any loss of possessions or personal property.
- That Customer is responsible to pay to MM the full amount of the contract price agreed upon by Provider and Customer prior to Provider’s commencement of the job.
- That if the Customer decides to cancel its contract with the Provider, it shall provide at least 24-hours notice of the cancellation prior to the commencement of the job by the Provider.
- That if Customer provides at least 24-hours notice of cancellation, Customer shall be entitled to a refund of the total amount it paid for the contract, less 10% which shall be retained by MM as a cancellation fee. THERE IS NO COOLING OFF PERIOD.
- That if the Customer does not cancel with at least 24-hour notice, the Customer shall be responsible to pay the entire amount of the contract and shall not be entitled to any refund of the amounts paid.
- That Customer is aware that the services it seeks to procure from MM’s website and/or platform may or may not be hazardous, and that Customer expressly assumes the risk of injury or harm from these activities and releases MM from all liability.
By User’s use of the MM site and platform, you agree to have any and all disputes that arise out of, or relate to this Agreement, User’s use of the MM website and platform, including but not limited to claims of negligence or any other tort arising out of or relating to the services provided by MM and MM, as well as disputes or challenges as to the enforceability of this Agreement or any portion hereof, decided only by binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”), commercial arbitration rules [found at https://www.adr.org/sites/default/files/CommercialRules _Web_FINAL_1.pdf], and not by court action, except as provided by California law for judicial review of arbitration proceedings or equitable relief. Judgment, upon the award rendered by the arbitrator(s), may be entered in any court having jurisdiction thereof.
The Arbitrator shall be a Retired Superior Court Judge or Commissioner or Retired District Court Judge or Magistrate. In the event that the Parties cannot agree upon the Arbitrator, each of the Parties shall select a Retired Superior Court Judge or Commissioner or Retired District Court Judge or Magistrate who will then together select a third Retired Superior Court Judge or Commissioner or Retired District Court Judge or Magistrate to act as Arbitrators. Attorney and Client shall each have the right of discovery in connection with any arbitration proceeding in accordance with California Code of Civil Procedure section 1283.05.
In agreeing to this arbitration provision, USER IS SPECIFICALLY GIVING UP: (I) ALL RIGHTS USER MAY POSSESS TO HAVE SUCH DISPUTES DECIDED IN A COURT OR JURY TRIAL; AND (II) ALL JUDICIAL RIGHTS, INCLUDING THE RIGHT TO APPEAL FROM THE DECISION OF THE ARBITRATOR(S).
IF USER REFUSES TO SUBMIT TO ARBITRATION, USER MAY BE COMPELLED TO ARBITRATE UNDER CALIFORNIA LAW. USER ACKNOWLEDGES THE ABOVE, AND THAT THE MUTUAL AGREEMENT FOR BINDING ARBITRATION IS VOLUNTARY.
By User’s use, User confirms that they have read and understood this provision, and voluntarily agree to binding arbitration. In doing so, User voluntarily gives up important constitutional rights to trial by judge or jury, as well as rights to appeal. User is advised that User has the right to have independent counsel review this arbitration provision, and this entire Agreement, prior to his use.
By User’s use and acceptance, User confirms that they have read and understood this provision, and voluntarily agree to binding arbitration. In doing so, the User voluntarily gives up important constitutional rights to trial by judge or jury, as well as rights to appeal. User is advised that User has the right to have independent counsel review this arbitration provision, and this entire Agreement, prior to his use.