Book Apointment

Express Moving Team LLC

TERMS OF SERVICE & USER AGREEMENT

(Last Updated: June 7, 2024)

These Global Terms and Conditions (this “Agreement”) constitute a legally binding agreement between each User (“you” or “your”) and Express Moving Team LLC (“Express Moving Team”) governing use of Express Moving Team’s website and platform, more particularly described in Section 1 below (collectively referred to herein as the “Platform”).

This Agreement governs your access to and use of the Platform. This Agreement may also include other supplemental policies and terms referenced and/or linked to within this Agreement or which are otherwise made available to you, all of which also apply to your use of the Platform and are incorporated into this Agreement by reference.

SECTION 16 CONTAINS AN ARBITRATION AGREEMENT. THIS ARBITRATION AGREEMENT, WITH LIMITED EXCEPTION, REQUIRES YOU TO SUBMIT DISPUTES AND CLAIMS YOU HAVE AGAINST EXPRESS MOVING TEAM TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS. PLEASE READ IT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS.

1. DESCRIPTION OF THE PLATFORM

The Platform is an online web-based two-sided marketplace that enables connections between Clients and Laborers. Clients are individuals and/or businesses seeking to obtain short-term services (“Jobs”). “Laborer(s)” are individuals and/or businesses seeking to perform Jobs for Clients. Clients and Laborers are referred to herein together as “User(s).”

Laborers are independent business owners, providing services under their own name or business name (and not under the Platform’s name), using their own tools and supplies. Laborers may:

(a) Maintain a clientele without any restrictions from the Platform. (b) Offer and provide their services elsewhere, including through competing platforms. (c) Accept or reject Clients and Jobs.

Laborers are independent contractors of Clients, not the Platform.

Any reference to a Laborer being licensed or credentialed in some manner, or being “badged”, “reliable”, “elite”, “great value”, “background checked”, “vetted” (or similar language) indicates only that the Laborer has completed a relevant registration process with the Platform or met certain criteria. It does not and shall not be deemed to represent anything else.

Any such description:

  • Is intended to be useful information for Clients to evaluate when making their own hiring decisions.
  • Is not an endorsement, certification, or guarantee by the Platform of a Laborer’s skills, qualifications, licensing, insurance status, trustworthiness, safety, or suitability.

Clients are solely responsible for selecting their Laborer and should conduct their own research before booking a Job to ensure a specific Laborer has the right qualifications.

Laborers, not the Platform, are solely responsible for the quality, timeliness, and consequences of their work. Clients’ recourse for any deficiencies with such work is exclusively against the Laborer, not the Platform.

2. EXPRESS MOVING TEAM’S ROLE

Express Moving Team is not an employment agency service or business, and Express Moving Team is not an employer of any User. Users are not employees, partners, representatives, agents, joint venturers, independent contractors, or franchisees of Express Moving Team.

Users acknowledge and agree that:

(a) Express Moving Team does not:

  • Perform Jobs nor employ individuals to perform Jobs.
  • Supervise, scope, direct, control, or monitor Laborers’ work (including setting work locations, work hours, or terms of work), nor provide tools or supplies to, or pay any expenses of, Laborers.
  • Have any control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Jobs or Users (or the acts or omissions thereof), nor the integrity, responsibility, competence, qualifications, communications, or ratings or reviews provided by Users.

(b) Users do not have authority to, and may not act as agents for, nor bind or make any representations on behalf of, Express Moving Team (including modifying all or any part of the Platform fees).

Express Moving Team is neither responsible nor liable for workers’ compensation or any tax payment or withholding, including applicable sales taxes, unemployment or employment insurance, disability insurance, employer’s liability, employer training tax, social security contributions, or other applicable payroll withholdings in connection with a User’s use of the Platform.

The Laborer assumes full and sole responsibility for all required and applicable income tax and social contributions, such as Social Security withholdings, as to the Laborer and all persons engaged by the Laborer in the performance of the Job.

Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

3. USER REPRESENTATIONS AND WARRANTIES

In your access to and use of the Platform, you represent and warrant that you:

  • Will comply fully with the terms of this Agreement.
  • Are at least of the legally required age in the jurisdiction in which you reside and are otherwise capable of entering into binding contracts.
  • Have the right, authority, and capacity to enter into this Agreement (including that you have the right and authority to act on behalf of, and bind to this Agreement, any company or organization on whose behalf you are entering into this Agreement).
  • Will only request and/or perform (as applicable) Jobs in the United States.
  • Will respect the privacy (including private, family, and home life), property, and data protection rights of Users and will not record (whether through video, audio, or otherwise) any Job or any interaction by or with any User and/or Express Moving Team without obtaining the prior written consent of Express Moving Team and the relevant User, in each instance.
  • Will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly and being present and/or available at the time you agree upon with other Users).
  • Will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform.
  • Will not use the Platform for the purchase, sale, or delivery of alcohol or any controlled or illegal substances or services.
  • Will ensure that all communications regarding Jobs (including scoping and payments and any questions relevant to Jobs) remain in your records before, during, and after the Job.

4. ADDITIONAL LABORER REPRESENTATIONS AND WARRANTIES

If you are a Laborer, you additionally represent and warrant that, in your access to and use of the Platform, you:

  • Are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation, or other business entity when using the Platform.
  • Are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform and maintain an independent clientele.
  • Have the unrestricted right to work in the jurisdiction in which you perform Jobs.
  • Have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Jobs (including, as applicable, a business license, business tax registration, and/or contractor’s license).
  • Have and will maintain all insurance required to operate your business and perform the Jobs.
  • Will respond to invitations promptly, provide timely, high-quality services for your Clients, only offer and provide Jobs for which you have the necessary expertise to perform, and perform the Jobs as agreed upon with your Client in a safe manner.
  • Will promptly disclose to the Platform in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses) that arise during your use of the Platform.

5. LABORER ONBOARDING

(a) Background Checks

To the extent permitted by applicable law, Laborers may be subject to a review process before they can register on, and during their use of, the Platform. This process may include identity verification and criminal background checks, using third-party services as appropriate (“Background Check(s)”).

If you are a Laborer, to the extent permitted under applicable law, you agree to undergo such Background Checks. The Platform cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.

(b) Professional Licensing

The Platform does not independently verify that Laborers have the necessary expertise or have obtained any licenses, permits, or registrations required to perform their Jobs. It may be unlawful to perform certain types of Jobs without a license, permit, and/or registration, and performing such Jobs may result in law enforcement action and/or penalties or fines.

  • Laborers are solely responsible for avoiding such prohibited Jobs.
  • If you have questions about how national, state, provincial, territorial, and/or local laws apply to your Jobs on the Platform, you should seek appropriate legal guidance.
  • Clients are solely responsible for determining if a Laborer has the skills and qualifications necessary to perform the specific Job and for confirming that the Laborer has obtained all required licenses, permits, or registrations, if any.

Clients may wish to consult their national, state, provincial, territorial, and/or local law requirements to determine whether certain Jobs must be performed by a licensed or otherwise registered professional.

6. OTHER PARTIES

  • Where approved in advance by the Client for the Job, Laborers may engage assistants, helpers, subcontractors, or other personnel (“Laborer Assistant(s)”) to perform all or any part of a Job, provided that such Laborer Assistants have registered through the Platform and meet all of the requirements applicable to the Laborer as set out in this Agreement.
  • The Laborer assumes full and sole responsibility for the acts and omissions of all Laborer Assistants used in the performance of Jobs and is fully responsible for:
    • (a) The lawful payment of all compensation, benefits, and expenses for its Laborer Assistants.
    • (b) All required and applicable tax withholdings as to such Laborer Assistants.
    • (c) Ensuring all Laborer Assistants are registered Laborers on the Platform.

The Client agrees that if they have authorized someone other than themselves to book a Job on their behalf or to be present in their stead when the Job is performed, the Client is appointing that person as their agent (“Client Agent(s)”). The Client is deemed to have granted the Client Agent the authority to act as their agent in relation to the applicable Job.

  • Client Agents may direct or instruct the Laborer’s performance of the Job, and the Laborer may follow such direction as if the direction was given by the Client.
  • The Client assumes full and sole responsibility for the acts and omissions of Client Agents.

7. DEACTIVATION AND SUSPENSION

In the event of an actual or suspected breach of this Agreement, or if your conduct poses a risk to the Platform (including abuse, fraud, or interference with the proper working of the Platform), Express Moving Team may:

  • (a) Suspend your right to use the Platform pending its investigation.
  • (b) Deactivate your account or limit your use of the Platform until the issue is resolved to Express Moving Team’s reasonable satisfaction.

Express Moving Team will provide you with written notice of its determination to deactivate or suspend your account and the basis for such action.

Appeal Process:

  • If you wish to appeal any determination, you must contact Express Moving Team within 14 days of receipt of such notice with the grounds for your appeal.

Reactivation and Restrictions:

  • If Express Moving Team suspends or deactivates your account, you may not register and/or create a new account under different usernames, identities, or contact details (whether under your name or any other name or business name), even if you are acting on behalf of a third party.
  • Even after your right to use the Platform is suspended, terminated, or limited, this Agreement remains enforceable against you.

8. PAYMENTS

The Client will pay fees to the Platform for facilitating the booking of Jobs. Payments will be made as follows:

  1. A pre-determined deposit per Laborer, paid directly by the Client to the Platform as part of the booking process, along with a credit card processing fee.
  2. The balance due is paid at an hourly rate for a minimum of two (2) hours per Laborer, paid directly by the Client to the Laborer.
  3. No other fees and/or expenses will be paid to the Platform unless approved in advance by the Client.

Laborer Responsibilities for Taxes:

As an independent contractor, the Laborer is solely responsible for:

  • Any and all taxes, Social Security contributions or payments.
  • Disability insurance, worker’s compensation insurance, unemployment taxes, and other payroll-type taxes applicable to compensation.

Payment Processing:

  • The Platform has the right of control over the method of payment for services through its payment processing partner, Stripe.
  • By booking online with the Platform, the Client agrees to Stripe’s Services Agreement, located at https://stripe.com/legal/ssa.
  • The Client authorizes its payment method to be charged for amounts owed to the Platform using debit or credit cards.

Payment Disputes & Chargebacks:

  • All requests for chargebacks, errors, claims, refunds, and disputes will be reviewed by the Platform in accordance with the rules applicable to the payment method used.
  • The Platform may initiate a collection process or legal action for fraudulently submitted disputes with the Client’s financial institution.
  • The Client agrees to pay all costs incurred to take such action, including reasonable attorney’s fees.

9. INTELLECTUAL PROPERTY RIGHTS

(a) Proprietary Material

The Platform, and all components thereof and content made available and/or displayed thereon (including the Marks (defined below), and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces, and other content—including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Express Moving Team LLC, excluding any third-party websites made available on or via the Platform.

Proprietary Material is protected, in all forms, media, and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights.

  • Any use of the Proprietary Material other than as permitted in this Agreement is expressly prohibited.

(b) Marks

The service marks, logos, and trademarks of Express Moving Team LLC (“Marks”), including without limitation those for Express Moving Team LLC and the Platform, are owned by Express Moving Team LLC.

  • Laborers may not copy or use the Marks without obtaining Express Moving Team LLC’s express prior written consent.
  • Any other trademarks, service marks, logos, and/or trade names appearing on the Platform are the property of their respective owners and may not be used without the prior written consent of such owners.

(c) License Grant

Subject to the terms, conditions, and restrictions set forth in this Agreement, Express Moving Team LLC grants you a:

  • Limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable right, during the Term, to access and use the Platform and to access and view the Proprietary Material.
  • No other rights are granted to you in the Platform or Proprietary Material.

(d) Feedback

By providing Express Moving Team LLC any feedback, comments, questions, ideas, proposals, or suggestions concerning the Platform or potential new features or functionality (“Feedback”), you acknowledge and agree that:

  1. Express Moving Team LLC is under no obligation of confidentiality, express or implied, with respect to the Feedback.
  2. Express Moving Team LLC may already have something similar to the Feedback under consideration or in development.
  3. Express Moving Team LLC may use the Feedback in any manner, including incorporation into future releases of the Platform, without any credit or compensation to you.

(e) Prohibited Uses

You acknowledge and agree that, as an express condition of Express Moving Team LLC’s grant of the license in Section 9(c), neither you nor any third party acting at your direction or under your control shall:

  1. License, sublicense, transfer, sell, resell, rent, lease, distribute, time share, assign, share, or otherwise commercially exploit or make the Platform and/or Proprietary Material available to any third party.
  2. Create derivative works of the Platform and/or Proprietary Material.
  3. Reverse engineer, compile, decompile, translate, adapt, or disassemble or otherwise attempt to create the Platform and/or Proprietary Material or other human-readable source materials from the Platform and/or Proprietary Material unless prohibited by applicable law.
  4. Remove any proprietary notices, labels, Marks, or images placed on the Platform without the prior written consent of Express Moving Team LLC.
  5. Access the Platform and/or Proprietary Material in order to build a competitive product or service or to copy any ideas, features, functions, or underlying software or other technology of the Platform and/or Proprietary Material.
  6. Interfere with or disrupt the integrity or performance of the Platform or the data and information contained therein.
  7. Attempt to gain unauthorized access to the Platform or related systems or networks.
  8. Use the Platform to send spam or otherwise duplicative or unsolicited messages in violation of applicable laws.
  9. Use the Platform to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material that is harmful to children or violates third-party privacy rights.
  10. Use the Platform to send or store viruses, worms, time bombs, trojan horses, or other harmful or malicious code, files, scripts, bots, or programs.
  11. Access the Platform for purposes of monitoring its availability, performance, or functionality or for any other benchmarking purposes.
  12. Access or use the Platform and/or Proprietary Material in any manner that violates or is otherwise inconsistent with applicable international trade control laws or Express Moving Team LLC’s privacy and security requirements.

10. TERM AND TERMINATION

  • You may terminate this Agreement between you and Express Moving Team LLC at any time by:
    • Ceasing all use of the Platform.
    • Deactivating your account.
  • Express Moving Team LLC may terminate this Agreement between you and Express Moving Team LLC at any time, and cease providing access to the Platform:
    • (i) Immediately if you breach any part of this Agreement or violate applicable laws.
    • (ii) Upon thirty (30) days prior written notice, for any reason or no reason.
  • Express Moving Team LLC reserves the right to take appropriate legal action pursuant to this Agreement.

11. DISCLAIMER OF WARRANTIES

USE OF THE PLATFORM IS ENTIRELY AT YOUR OWN RISK.

The Platform and the technology underlying it are provided on an “as is” and “as available” basis, without warranties or conditions of any kind, either express or implied (including, but not limited to, warranties or conditions of merchantability, quality, fitness for a particular purpose, good and workmanlike services, compliance with any law, statute, ordinance, regulation, or code, and/or non-infringement), and such warranties or conditions are expressly excluded.

Without limiting the foregoing, Express Moving Team LLC and its parents, affiliates, licensors, and their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors, and assigns (collectively, “Affiliates”, and together with Express Moving Team LLC, the “Express Moving Team Parties”):

(a) Make no warranties and expressly disclaim (to the extent permitted by law) all representations and warranties regarding:

  • (i) The timeliness, suitability, accuracy, reliability, completeness, or content of the Platform.
  • (ii) The results that may be obtained from the use of the Platform or any Job provided on, through, or in connection with the use of the Platform.
  • (iii) The Jobs provided by Users or the interactions or communications between Users of the Platform (whether on- or off-line, or otherwise), including any Laborer’s ability, professional accreditation, registration, or licensure.

(b) Do not warrant that the Platform is or will be:

  • (i) Error-free or that access will be uninterrupted.
  • (ii) Free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlinks to or from third-party websites.

(c) Do not warrant, endorse, guarantee, recommend, or assume responsibility for any product or service advertised or offered by any third party through the Platform or any hyperlinked website or service, including by any Laborer. The Express Moving Team Parties will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

United States federal law and some states, provinces, and other jurisdictions do not allow the exclusion of and/or limitations on certain implied warranties. Therefore, the above exclusions and/or limitations may not apply to you.

This Agreement gives you specific legal rights, and you may also have other rights, which vary by jurisdiction. The disclaimers, exclusions, and limitations under this Agreement will not apply to the extent prohibited by applicable law.

12. LIMITATION OF LIABILITY

You acknowledge and agree that Express Moving Team LLC is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in this Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE EXPRESS MOVING TEAM PARTIES OR THEIR CORPORATE PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY, including lost profits, lost revenue, lost savings, loss of data, loss of goodwill or reputational harm, service interruption, computer damage, system failure, failure to store any information, and the cost of substitute products or services), EXPENSES (including attorneys’ fees and costs), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (collectively, “Liabilities”) arising out of or in any way related to or connected with the Platform or your or any other party’s use of or inability to use the Platform, even if foreseeable or the Express Moving Team Parties have been advised of the possibility of the same.

TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE EXPRESS MOVING TEAM PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in this Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases, the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE EXPRESS MOVING TEAM PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED:

  • (A) If you are a Client, the total fees paid by you to Express Moving Team LLC in the six (6) months prior to the time such claim arose.
  • (B) If you are a Laborer, the total Job payments paid to you by Clients in the six (6) months prior to the time such claim arose, to the extent permitted by applicable law.

13. INDEMNIFICATION

Users’ indemnification obligations are set out below in this Section. Express Moving Team LLC reserves the right, in its sole discretion, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not settle any claim or matter without the prior written consent of Express Moving Team LLC.

(a) Client Indemnification

If you are a Client, you shall indemnify, defend, and hold harmless the Express Moving Team Parties from and against any and all Liabilities incurred in connection with:

  1. Your use of, inability to use, or participation on the Platform.
  2. Your breach or violation of this Agreement.
  3. Your violation of any law or the rights of any User or third party.
  4. Your use of any third-party links or websites that appear on the Platform.
  5. The acts or omissions of any Client Agents.
  6. The consequences of any Laborer’s performance or failure to perform a Job.

(b) Laborer Indemnification

If you are a Laborer, you shall indemnify, defend, and hold harmless the Express Moving Team Parties from and against any and all Liabilities incurred in connection with:

  1. Your use of, inability to use, or participation on the Platform.
  2. Your participation in Jobs, or your ability or inability to perform Jobs or to receive payment therefor.
  3. Your breach or violation of this Agreement.
  4. Your violation of any law or the rights of any User or third party.
  5. The acts or omissions of any Laborer Assistants.
  6. The consequences of any Client’s performance or failure to perform their obligations under this Agreement.

15. DISPUTE RESOLUTION

To expedite resolution and reduce the cost of any dispute, controversy, or claim related to, arising from, or regarding:

  • Your use of the Platform
  • Your relationship with Express Moving Team LLC
  • Jobs or this Agreement (including previous versions)

(Collectively, a “Dispute”), you are encouraged to first attempt to find an amicable solution with Express Moving Team LLC before initiating any out-of-court settlement (such as mediation or arbitration) or court proceeding.

Such informal negotiations will commence upon written notice. Express Moving Team LLC’s address for providing such notice is:

📩 [email protected]

16. ARBITRATION AGREEMENT

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS AND GOVERNS HOW YOU AND EXPRESS MOVING TEAM LLC CAN BRING CLAIMS COVERED BY THIS ARBITRATION AGREEMENT (“ARBITRATION AGREEMENT”).

THIS SECTION WILL, WITH LIMITED EXCEPTION, REQUIRE YOU AND EXPRESS MOVING TEAM LLC TO SUBMIT CLAIMS TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS ARBITRATION AGREEMENT AND YOU ACCEPT ALL OF ITS TERMS.

(a) Agreement to Binding Arbitration

IN EXCHANGE FOR THE BENEFITS OF THE SPEEDY, ECONOMICAL, AND IMPARTIAL DISPUTE RESOLUTION PROCEDURE OF ARBITRATION, YOU AND EXPRESS MOVING TEAM LLC MUTUALLY AGREE TO WAIVE YOUR RESPECTIVE RIGHTS TO RESOLUTION OF ALL DISPUTES OR CLAIMS COVERED BY THIS ARBITRATION AGREEMENT IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTES BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AS SET FORTH HEREIN.

This Arbitration Agreement shall survive the termination of this Agreement and your relationship with Express Moving Team LLC.

To the fullest extent permitted by applicable law, you and Express Moving Team LLC agree to arbitrate any and all disputes and claims (“Claim(s)”) relating to, arising from, or regarding:

  • Your use of the Platform
  • Your relationship with Express Moving Team LLC
  • Jobs or this Agreement (including previous versions)

This includes Claims by Express Moving Team LLC, Claims against Express Moving Team LLC, and Claims against Express Moving Team LLC’s Affiliates (including its parent company).

(b) Prohibition of Class Actions and Non-Individualized Relief

Except as otherwise required under applicable law, you and Express Moving Team LLC agree that any arbitration will be limited to the Claim between Express Moving Team LLC (and/or, if applicable, its Affiliates) and you individually.

🚫 YOU ACKNOWLEDGE AND AGREE THAT YOU AND EXPRESS MOVING TEAM LLC ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING (“CLASS ACTION WAIVER”).

Further, unless both you and Express Moving Team LLC otherwise agree, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding.

The arbitrator shall have no authority to consider or resolve any Claim or issue any relief on any basis other than an individual basis.

Notwithstanding any other provision of this Agreement, the Arbitration Agreement, or the AAA Rules:

  • Disputes regarding the scope, applicability, enforceability, revocability, or validity of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator.
  • In any case in which:
    • (i) The Claim is filed as a class, collective, or representative action, and
    • (ii) There is a final judicial determination that the Class Action Waiver is unenforceable as to any Claims,
    • Then those Claims shall be severed from any remaining Claims and may remain in a civil court of competent jurisdiction.
    • However, the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other Claims to the fullest extent possible.

(c) Rules and Logistics Governing Arbitration

To initiate arbitration, a Claim must be filed with the American Arbitration Association (“AAA”) and the written Demand for Arbitration (available at www.adr.org) must be provided to the other party.

The arbitration will be commenced and conducted under the AAA Rules in effect at the time the arbitration is initiated and modified by the terms set forth in this Agreement. The AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”) may also apply.

These rules are available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879.

The arbitration shall be administered before a single arbitrator mutually agreed upon by the parties, and if the parties cannot agree within thirty (30) days, then by a single arbitrator chosen by the AAA.

The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(d) Severability

If any portion of this Arbitration Agreement is deemed illegal or unenforceable under applicable law not preempted by the FAA, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

17. NO THIRD-PARTY BENEFICIARIES

Except as expressly set out herein and/or as otherwise required by applicable laws, this Agreement is for the sole benefit of Express Moving Team LLC and Users, and their permitted successors and assigns. There are no other third-party beneficiaries under this Agreement. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement; provided, however, that Express Moving Team LLC may enforce any such provisions on behalf of its Affiliates.

18. RELATIONSHIP OF THE PARTIES

No agency, partnership, joint venture, employer-employee, or franchiser-franchisee relationship exists, is intended, or is created between you and Express Moving Team LLC by this Agreement or your use of the Platform.

Users do not have authority to act as agents for, bind, or make any representations on behalf of Express Moving Team LLC.

19. WAIVER

Express Moving Team LLC’s waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

20. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

21. GOVERNING LAW.

This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to this Agreement, the Platform, or any services provided, shall be resolved exclusively in the state or federal courts located within the Commonwealth of Virginia. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claims.

22. ENTIRE AGREEMENT

This Agreement constitutes the entire contract between the parties.

All terms and conditions contained in any other writings previously executed by the parties regarding the matters contemplated herein shall be deemed merged and superseded hereby.

No modification of this Agreement shall be deemed effective unless in writing and signed by the parties hereto.

The word “including” (in its various forms) means “including without limitation.”

References in this Agreement to the words:

  • (i) “ensure” and its derivatives mean to use commercially reasonable efforts to pursue the stated aim and under no circumstances imply or constitute any guarantee of results, outcomes, or any express/implied legal covenant, warranty, or representation.
  • (ii) “best efforts,” “commercially reasonable efforts,” or “reasonable efforts” mean acting with diligence and good faith in the performance of the obligation.
  • (iii) “immediately” and terms of similar urgency mean promptly and without undue delay.

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