TRASH ON DEMAND, INC
The TRUCKS ON DEMAND Service is offered and available to users who are 18 years of age or older. By using the TRUCKS ON DEMAND Service, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the TRUCKS ON DEMAND Service.
Description of Services
The Company does not itself, nor will it provide the transportation or moving services for the Users. Instead, the Company works to connect Users with Haulers, as appropriate. After the Company has matched a User with a Hauler, the User must decide whether or not to accept the Services from the Hauler contacted through the TRUCKS ON DEMAND Service, and the Hauler must decide whether or not to offer to provide the Services as requested through the TRUCKS ON DEMAND Service. Such decisions are made in the User’s or Hauler’s sole discretion. The Company offers the TRUCKS ON DEMAND Service to match Users and Haulers, but does not nor does it intend to provide the Services, and, as such, has no liability for any Services provided to any User by any Hauler using the TRUCKS ON DEMAND Service.
Payments and Pricing
All payments are due immediately following completion of the Services and will be facilitated by the Company and our third-party payment processing service using the User’s preferred payment method designated in his or her account. The Company will receive a commission of 30% from each payment for the Service, as well as a flat cargo insurance fee of $2.50 per Service. The remainder of the payment is then transferred to the applicable Hauler’s account.
All payments made are non-refundable. In the event that a User cancels a request for Service more than five (5) minutes after such request is made on the TRUCKS ON DEMAND Service, the User will be charged a cancellation fee of $5.00.
All pricing will be determined by the Company in its sole discretion. Furthermore, the Company reserves the right to change pricing, including the commission percentage, at any time and from time to time without advance notice.
The Company may, at is sole discretion, offer promotions and discounts to any Users or Haulers, but has no obligation to do so.
All payments will be processed using Braintree, the Company’s third-party payment service. All payments to a Hauler will be made via direct deposit to the checking or savings account specified in the Hauler’s account settings. The Company does not handle the collection of payments and therefore will have no liability to you relating to payment processing.
Representations and Warranties of Users
The TRUCKS ON DEMAND Service is offered and available to users who are 18 years of age or older. By using the TRUCKS ON DEMAND Service, you represent and warrant that you are of legal age to and have the right, authority and capacity to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the TRUCKS ON DEMAND Service.
You are the sole authorized user of your account with the Company. You are responsible for maintaining the confidentiality of your data, including any password provided by you or the Company for accessing the TRUCKS ON DEMAND Service. The Company disclaims any and all liability that may arise as the result of the use or unauthorized use of your account.
You agree to promptly contact us if you know of or suspect unauthorized use of your account, or in the event of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or payment information. In the event of a breach of security on your part, you will remain liable for any unauthorized use of your account until you update your account.
Representations and Warranties of Haulers
By using the TRUCKS ON DEMAND Service, each Hauler represents, warrants, and agrees that:
• Hauler is at least 21 years old.
• Hauler has the ability to lift and carry items that may be up to or exceed 50 pounds.
• Hauler will not permit any User to sit, ride or otherwise occupy the Hauler’s vehicle as part of providing the Services.
• Hauler has a valid driver’s license and is authorized to operate a motor vehicle.
• Hauler owns, or has the legal right to operate, the vehicle used for the Services. Such vehicle was manufactured no earlier than the year 2000, is in good operating condition, and meets industry safety standards and all applicable requirements for a vehicle of its kind.
• Hauler will maintain at all times a valid policy of automobile liability insurance (in at least the amount required by applicable law) for the operation of Hauler’s vehicle to cover any anticipated losses related to Hauler’s providing of Services to Users and is a named driver on the insurance policy covering Hauler’s vehicle. At the Company’s request, Hauler will furnish the Company with a copy of the certificate of insurance covering Hauler’s vehicle.
• Hauler and Hauler’s insurance policy will be solely responsible for and provide coverage for any and all claims or incidents relating to the Services. Hauler will be responsible for any and all damage to Hauler’s vehicle, regardless of the cause of such damage.
• Hauler will report any and all incidents, claims or accidents promptly to the Company, User’s insurance company and Hauler’s insurance company. The Company will determine in its sole discretion whether to report any incident to the Company’s insurance carrier.
• Hauler will obey all local laws related to the matters set forth herein.
• Upon arrival, Hauler will inspect, will take a photograph (using the Company’s mobile application), and note any preexisting damage that is evident of any and all items to be transported. In the event the User claims its items were damaged in transport, Hauler will immediately notify Company.
• Hauler will not make any representations regarding the Company. Hauler will not offer or provide transportation or other moving services to a User that it met through the TRUCKS ON DEMAND Service outside of the Services.
• Hauler will not transport a User’s items on any trip in excess of 75 miles or that involves a trip between two or more states.
• At the Company’s request, Hauler will make its vehicle available for inspection by the Company.
• Hauler will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation in violation of any State or Federal Law.
Users and Haulers agree to use the TRUCKS ON DEMAND Service in a manner consistent with any and all applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries). In addition, Users and Haulers agree not to:
• impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
• purport to make representations or statements on behalf of the Company, without the prior written consent of the Company;
• “stalk” or harass any person;
• use any robot, spider or other automatic device, process or means or any manual process to access the TRUCKS ON DEMAND Service for any purpose, including monitoring or copying any of the material on the TRUCKS ON DEMAND Service;
• Post, distribute or reproduce proprietary information; transmit any material that contains software viruses or malicious computer code;
• Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary information;
• Otherwise attempt to interfere with the proper working of the TRUCKS ON DEMAND Service;
• make any defamatory, obscene or profane statements in information or transmissions communicated to the Company or using the TRUCKS ON DEMAND Services;
• Link directly to outside websites; or
• transfer, use or sell your TRUCKS ON DEMAND Service account to another party.
Proprietary Rights; License
User’s and Hauler’s Information
All of the information that you provide, publish or display to the TRUCKS ON DEMAND Service or otherwise send to other Users or Haulers in the registration process, in connection with the Services, or in any publicly available area of the TRUCKS ON DEMAND Service, including but not limited to reviews of Users and Haulers (your “Information”), will be stored on computers. You consent to us using your Information to create an account that will allow you to participate in the Services. You are solely responsible for your Information and your interactions with other people in the public. You are responsible for providing accurate, current and complete information and to maintain and timely update your Information to keep it accurate, current and complete at all times. You agree that the Company and others may rely on your Information as accurate, current and complete. You acknowledge that if your Information is untrue, inaccurate, not current or incomplete in any respect, the Company has the right to terminate your use of the TRUCKS ON DEMAND Service.
Users and Haulers acknowledge that the Company cannot guaranty the accuracy, completeness or truthfulness of any information provided by any User or Hauler. Some information provided may be offensive, harmful, inaccurate or deceptive. Users and Haulers hereby accept the risks associated with using the TRUCKS ON DEMAND Service and relying on information provided by other Users or Haulers.
Email and SMS Text Communication
Users and Haulers agree and accept that the Company may communicate with Users and Haulers through email and SMS text messages. Such communications are designed to make your use of the TRUCKS ON DEMAND Service more efficient. The Company is not responsible for text messaging charges associated with such communications. If you do not wish to receive any email communications or text messages from the Company, you can opt-out of such communications by visiting your account page and changing your settings.
Network Access and Devices
You are responsible for obtaining the data network access necessary to use the TRUCKS ON DEMAND Service. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the TRUCKS ON DEMAND Service and any updates thereto. We do not guarantee that the TRUCKS ON DEMAND Service, or any portion thereof, will function on any particular hardware or devices. In addition, the TRUCKS ON DEMAND Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
User and Hauler Provided Content
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the TRUCKS ON DEMAND Service textual, audio and/or visual content and information, including reviews and feedback related to the Services and initiation of support requests (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the TRUCKS ON DEMAND Service), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor our use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but shall not be obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason, without notice to you.
Online and Third Party Content
The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks in any manner whatsoever without the prior written permission of the Company.
The owner of the TRUCKS ON DEMAND Service is based in the State of Florida in the United States. We provide this TRUCKS ON DEMAND Service for use only by persons located in the United States. We make no claims that the TRUCKS ON DEMAND Service or any of its content is accessible or appropriate outside of the United States. If you access the TRUCKS ON DEMAND Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
The Company will maintain an excess insurance policy that will cover damage to the cargo or items being moved as part of the Services. This policy offers excess liability protection over a Hauler’s existing insurance policy while Hauler is providing the Services. The Company’s liability for damage to a User’s cargo will not exceed $1500 per Service.
In addition, the Company will maintain an insurance policy with an excess liability insurance providing coverage for up to $1,000,000 per occurrence. This policy offers excess liability protection over a Hauler’s existing insurance policy while Hauler is providing the Services. This policy is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Hauler’s vehicle.
You agree to defend, indemnify and hold the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, an “Indemnified Party”) harmless from and against any and all losses, costs, damages, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the TRUCKS ON DEMAND Service, including:
• Any violation or alleged violation of law or the rights of a third party (including, among others, Haulers, Users, other motorists and pedestrians);
• any claim that any of your Information or materials infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
• Hauler’s ownership, use or operation of a motor vehicle, including providing the Services;
• Any damages or losses incurred with respect to the personal items that are the subject of the Services;
• Any damages or losses incurred by third parties in connection with or as a result of the performance of the Services; and/or
• Any other activities in connection with the Services.
This indemnity applies regardless of the negligence of any party, including the Indemnified Party.
Limitation on Liability
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, 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 YOUR USE, OR INABILITY TO USE, THE TRUCKS ON DEMAND SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE TRUCKS ON DEMAND SERVICE, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE, AND YOU HEREBY IRREVOCABLY WAIVE ANY SUCH LIABILITY ON THE PART OF THE COMPANY. NOTWITHSTANDING THE FOREGOING, AS A SERVICE TO ITS USERS, THE COMPANY’S INSURANCE POLICY WILL PROVIDE UP TO $300 TO COVER DAMAGE TO A USER’S CARGO, AS SET FORTH IN THE SECTION TITLED “INSURANCE” ABOVE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
• The Company is not responsible for delays or interruptions in any User’s or Hauler’s connection or access to the TRUCKS ON DEMAND Service.
• The Company is not responsible for and does not monitor interactions between Users and Haulers, whether online or in person.
• The Company is only providing a service of connecting Users and Haulers, and therefore the Company has no control over the quality or safety of the Services provided by the Haulers.
• The Company is not responsible for any “hacker” attack or technical malfunction affecting telephone or network service, computer systems, servers or providers, mobile phone equipment, email accounts or Internet connectivity in relation to the Company’s software.
• The Company may screen or evaluate certain Users and Haulers, but it has no obligation to do so. The Company is not responsible for any actions of Users or Haulers. Users and haulers use the TRUCKS ON DEMAND Service at their own risk.
Governing Law and Arbitration
If you elect to seek arbitration or file a small claim court action, you must first send to the Company, by certified mail, a written notice of your claim (a “Notice”). The Notice to the Company must be addressed to: email@example.com (the “Notice Address”). If the Company initiates arbitration, it will send a written Notice to the email address used for your account, if any. A Notice, whether sent by you or the Company, must (a) describe the nature and basis of the dispute, claim or controversy; and (b) set forth the specific relief sought (the “Demand”). If the Company and you do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or the Company may commence an arbitration proceeding or file a claim in small claims court in Hillsborough County.
Limitation on Time to File Claims
Waiver and Severability