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Terms and conditions MoveBox: Terms and Conditions

MoveBox Terms and conditions

Please read the following carefully

Terms and conditions

Mover Agreement

In order to be listed as a mover with Movebox we require the following:

  • Acceptance of the Terms of Use
  • Acceptance of the Movebox Privacy Policy

In addition, we require submission of the following materials:

  • USDOT number
  • MC number, if applicable
  • Evidence of compliance with applicable state laws (i.e. New York State Permanent Certificate to Operate as a Common Carrier of Household Goods)
  • Proof of insurance against injury and property damage, liability insurance, and worker’s compensation insurance. Movebox requires that all Movers maintain coverage of $100,000 bodily injury liability insurance per person, $300,000 total bodily injury liability insurance per accident, and $50,000 property damage liability per accident. Movers must name Movebox as an additional insured on its insurance policy and provide Movebox with an insurance certificate displaying the policy types and limits of insurance as well as displaying policy term dates that reflect an “in-force policy”.

 

Terms of Use

These Terms of Use (“TOU”) govern your use of the platform offered by Movebox (the “Platform”) via our website or mobile applications. Please read this agreement carefully before
accessing or using the Platform. Each time you access or use the Platform, you agree to be bound by these TOU as well as our Privacy Policy. If you do not agree to be bound by all of these TOU and our Privacy Policy, you may not access or use the Platform. In addition, certain areas of the Platform may be subject to additional terms of use that we make available for your review. By using such areas, or any part thereof, you are expressly indicating that you have read and agree to be bound by the additional terms of use applicable to such areas. In the event that any of the additional terms of use governing such area conflict with these TOU, the additional terms will control.

1. The Platform is for Connecting Movers and Clients.

The Platform enables connection between Movers and Clients. “Clients” are individuals and/or entities seeking to obtain moving services (“Services”) from Movers and are therefore clients of Movers, and “Movers” are businesses (and their employees, affiliates, and agents) seeking to provide moving services to Clients. “You” or “User” may refer to either a Mover or a Client in this TOU. If You agree on terms of a Service (“Service Agreement”) with another User, You and such User form an agreement directly between the two of you. Movebox does not perform or provide any Services and does not employ individuals to perform or provide any Services. Movebox does not supervise, direct or control a Mover’s work or the Services performed in any manner, which You hereby expressly acknowledge. The terms of a Service Agreement include the terms set forth herein, the terms proposed and accepted on the Movebox platform, and any other contractual terms accepted by both Users to the extent such terms do not conflict with the terms in this TOU and do not expand Movebox’s obligations, liability, or restrict Movebox’s rights under this TOU. You expressly agree that Movebox is not a party to any Service Agreement and the formation of a Service Agreement shall not, under any circumstance, create an employment or other service relationship between Movebox and any User. The Movebox platform is only for the purpose of connecting Clients with Movers. Movebox is not responsible for the performance of Movers, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Movers, Clients, including any actions or omissions whatsoever. Movebox makes no representations regarding the suitability, reliability, timeliness or accuracy of the Services.

2. User Obligations.

You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Movebox platform. You also acknowledge and agree that your use of the platform and Services is solely at your own risk. You should also understand that the confidentiality of any communication or material transmitted to/from the platform over the internet or other form of global communication network cannot be guaranteed. Accordingly, Movebox is not responsible for the security of any information transmitted to or from the platform. Movebox reserves the right to prohibit or terminate use of or access to the platform at any time, without notice, for any reason whatsoever.

3. Mover Vetting.

Movebox may perform background checks of its Movers and strives to work with reputable companies. However, Movebox cannot and does not assume any responsibility of identity or background check information or any information provided through the Movebox platform. Neither Movebox nor its affiliates are responsible for the conduct, whether online or offline, of any Mover from the Movebox platform and You hereby release Movebox and its affiliates from any liability related thereto. Movebox and its affiliates are not liable for any claim, injury or damage arising in connection with your use of the platform or Services.

4. Contract between Movers and Clients.

A contract (“Service Contract”) is formed when Users agree on the terms of a Service. The terms of such Service Contract include the terms set forth herein, engagement terms proposed and accepted, and any other contractual terms accepted by the Client and the Mover to the extent such terms do not conflict with the terms set forth herein. Movebox is not a party to any Service Contract. Movers assume full and sole responsibility for the payment of all compensation, benefits and expenses of Mover personnel, if any, and for all required and applicable state and federal income tax withholdings as to Mover and all persons engaged by Mover in the performance of the Services.

5. Billing and Payment.

Payment for Services through the Movebox platform is made directly from a Client to a Mover and not by Movebox. The Client shall be required to provide credit card or bank details to Movebox and our Payment Service Provider. Client is responsible for paying the invoice for each Service, which includes the pricing terms of the Service as agreed upon by the Client and the Mover, any agreed upon out of pocket expenses, any gratuity, if applicable, and the service charge Movebox assesses for the platform and the platform fee.
You will be required to register with our Payment Service Provider and agree to its terms of service. Movebox is not a party to any such agreement between You and Payment Service
Provider. By accepting these Terms, You agree that you have reviewed and agreed to any such terms provided by the Payment Service Provider.
Movebox reserves the right, but not the obligation, in our sole discretion, upon request from Client or Mover or upon notice of any potential fraud, unauthorized charges or other misuse of the Movebox platform, to place on hold any payment or refund, provide credits or arrange for the Payment Service Provider to do so. Payment for services and fees must be paid through the Payment Service Provider as indicated on the Movebox platform. Users of the Movebox platform are liable for any taxes required to be paid on the Services provided under any contract (other than taxes for which Movebox is solely responsible, such as taxes on Movebox’s income).

6. Release.

Movebox is not involved in the actual contact between Clients and Movers or in the completion of a Service. In the event You have a dispute with a User, You release Movebox and its affiliates and respective officers, directors, agents, investors, subsidiaries and employees from any and all claims, demands or damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
MOVEBOX EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS AND YOU IN CONNECTION WITH THE MOVEBOX PLATFORM. Movebox’s sole liability with respect to disputes is as set forth in these Terms. TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You are responsible for Your own acts and omissions with regard to Your use of the Movebox platform and/or provision of Services. When a Mover posts information on the Movebox platform, Mover may also choose to include certain requirements which must be met by the Client in order to be eligible to book Services, such as requiring a Client to have a verified phone number or any other commercially reasonable requirements as determined by Mover, in order to book Services. Any Client wishing to book Services with said Mover must meet these requirements. Movebox does not endorse Mover or any information or Services provided by Mover. You are required by this Agreement to provide accurate information when using the Movebox platform. Although Movebox may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask You to provide certain documentation or information, or undertake additional checks and processes designed to help verify or check Your background or screen Your information against third party databases or other sources, we do not make any representations about, confirm, or endorse You or Your purported identity or background. By using Movebox, You agree that any legal remedy or liability that you seek to obtain for actions or omissions of Users or other third parties will be limited to a claim against the particular User or other third parties who caused You harm. You agree not to attempt to impose liability on or seek any legal remedy from Movebox with respect to such acts or omissions. Accordingly, we encourage You to communicate directly with Users regarding any information or Services provided by you. This limitation shall not apply to any claim by You against Movebox regarding the remittance of payments received from a Client by Movebox on a Mover’s behalf, which instead shall be subject to the limitations described further in these Terms.

MOVEBOX’S SOLE LIABILITY WITH RESPECT TO DISPUTES IS AS SET FORTH IN SECTION 10 HEREIN.

7. Prohibited Activities.

The platform is not intended for individuals under the age of 18 and individuals under 18 should not use the platform. In connection with your use of the platform and/or the Services, You acknowledge and agree that You will not: 1. Copy, reverse engineer, reverse assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the platform; 2. Post or transmit any material that contains a virus or corrupted data; 3. Delete any author attributions, legal notices or proprietary designations or labels; 4. Violate any applicable local, state, national or international law, rule or regulation or use the platform for any purpose that is prohibited by these TOU; 5. Use the platform in any
manner that could damage, disable, overburden or impair Movebox’s servers or networks, or interfere with any other user’s use and enjoyment of the platform; 6. Gain or attempt to gain unauthorized access to any of the platform, accounts, computer systems or networks connected to Movebox through hacking, password mining or any other means; 10. Obtain or attempt to obtain any materials or information through any means not intentionally made available through the platform or harvest or otherwise collect information about other users without their consent; 11. Use the platform in any manner that could damage, disparage, or otherwise negatively impact Movebox; 12. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including Movebox staff, or use information learned from the Movebox platform or during the performance of Services to otherwise defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any other Client or Mover or company staff outside of the Movebox platform; 13. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information; 14. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party; 15. Impersonate another person or allow any other person or entity to use Your identification to post or view comments; 16. Advertise or offer to sell any goods or services for any commercial purpose through the Movebox platform which are not relevant to the Services offered through the Movebox platform; 17. Conduct or forward surveys, contests, pyramid schemes, or chain letters; 18. Imply or state that any statements You make are endorsed by Movebox, without the prior written consent of Movebox; 19. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Movebox platform in any manner; 20. Hack or interfere with the Movebox platform, its servers or any connected networks; 21. Adapt, alter, license, sublicense or translate the Movebox platform for Your own personal or commercial use.

8. Privacy; Confidential Information.

Movebox’s privacy policy with respect to the collection and use of your personally identifiable information is incorporated by reference into these TOU. BY ACCESSING THE PLATFORM, YOU AGREE THAT YOU ARE ACCEPTING OUR PRIVACY POLICY. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special
and unique asset of Movebox and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to Your authorized employees, agents and legal representatives who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Movebox in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Movebox upon termination of this Agreement for any reason whatsoever. The term “Confidential Information” shall mean any and all of Movebox’s trade secrets,
confidential and proprietary information and all other information and data of Movebox that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Movebox’s business, operations and properties, including information about Movebox’s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

9. Intellectual Property Rights.

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that may be seen or read through the Movebox platform is owned by Movebox (excluding User Generated Content that Movebox has the right to use. “User Generated Content” shall be defined as any information and materials You provide to Movebox or to Movers in connection with the use of the Movebox platform. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise all copyright, publicity rights, and any other rights you have in User Generated Content, in any media now known or not currently known in order to perform and improve upon the Movebox platform.) Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Movebox owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws.

Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Movebox platform without Movebox's express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Movebox and, if applicable, the holder of the rights to the User Generated Content. The service marks and trademarks of Movebox, including without limitation Movebox and Movebox logos are service marks owned by Movebox. Any other trademarks, service marks, logos and/or trade names appearing via the Movebox platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

10. Insurance.
Movebox requires its Movers to maintain coverage of $100,000 bodily injury liability insurance per person, $300,000 total bodily injury liability insurance per accident, and $50,000 property damage liability per accident. You should request to review Your Mover’s insurance certificate prior to commencement of Services.
11. Disclaimer of Warranties.

USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE MOVEBOX PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOVEBOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE MOVEBOX PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE MOVEBOX PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. MOVEBOX DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOVEBOX PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND MOVEBOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY USERS OTHER THAN AS PROVIDED HEREIN.

WITHOUT LIMITING THE FOREGOING, NEITHER MOVEBOX NOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE MOVEBOX PLATFORM WILL BE UNINTERRUPTED OR THAT THE MOVEBOX PLATFORM WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MOVEBOX PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE MOVEBOX PLATFORM.

NEITHER MOVEBOX NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

NEITHER MOVEBOX NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE MOVEBOX PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

MOVEBOX AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

IN ADDITION, NOTWITHSTANDING ANY FEATURE A USER MAY USE TO EXPEDITE MOVEBOX SELECTION, EACH USER IS RESPONSIBLE FOR DETERMINING THE SERVICE AND SELECTING THEIR MOVER AND MOVEBOX DOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR MOVER. MOVEBOX DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY MOVER’S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSE.

12. Limitation of Liability.

NEITHER MOVEBOX NOR ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS OR SPONSORS ARE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO (i) THE USE OF OR INABILITY TO USE THE PLATFORM; (ii) ANY CONTENT CONTAINED ON THE PLATFORM; (iii) STATEMENTS OR CONDUCT POSTED OR MADE PUBLICLY AVAILABLE ON THE PLATFORM; (iv) ANY PRODUCT OR SERVICE PURCHASED OR OBTAINED THROUGH THE PLATFORM; (v) ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE PLATFORM; (vi) ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF ANY CONTENT ON THE PLATFORM; OR (vii) ANY OTHER MATTER RELATING TO THE PLATFORM. UNDER NO CIRCUMSTANCES WILL MOVEBOX, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MOVEBOX PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME.

MOVEBOX HAS NO LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED OR SERVICES PROVIDED VIA THE MOVEBOX PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MOVEBOX OR ITS AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES IN EXCESS OF THE LIMITED INSURANCE AMOUNT DESCRIBED HEREIN, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO MOVEBOX DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

13. Indemnification.

You hereby agree to indemnify, defend, and hold harmless Movebox, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys fees and costs incurred, in connection with (i) your breach of these Terms; and/or (ii)any content submitted by you or using your account to the Movebox platform, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. Movebox reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of Movebox.

14. Jurisdictional Issues.

Movebox makes no representation or warranty that the content and materials on the Website, mobile applications or the Services are appropriate or available for use in locations outside the United States or those jurisdictions where Movers provide Services. Those who choose to access the platform from other locations do so on their own initiative and at their own risk, and are responsible for compliance with all applicable local laws. Movebox reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the platform to any person, geographic area or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

15. Termination and Suspension.

You agree that Movebox, in its sole discretion, may terminate your use of the platform, and remove and discard any content within the platform, at any time and for any reason. You agree that any actions taken under this Section may be effective without prior notice to you. If Movebox terminates or suspends your right to use the Movebox platform You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending your account, Movebox reserves the right to take appropriate legal action. Even after Your right to use the Movebox Platform is terminated or suspended, this Agreement will remain enforceable against You. Movebox reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Movebox platform at its sole discretion. You may terminate this Agreement at any time by ceasing all use of the Movebox platform. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

16. Governing Law; Dispute Resolution.

These TOU and the relationship between you and Movebox shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You and Movebox irrevocably agree to submit to the personal and exclusive jurisdiction of the federal and state courts located within the county of New York, in the State of New York, and waive any jurisdictional, venue or inconvenient forum objections to such courts. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), You and Movebox agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Movebox. Movebox’s address for such notices is [305 W. Broadway #150, New York, NY 10013] If you and Movebox are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Platform shall be finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. You understand that if either party elects to arbitrate, neither party shall have the right to sue in court or to a jury trial.. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either party. Except as otherwise provided in this Agreement, either party may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Claims where mandatory arbitration is prohibited by a valid, non-preempted law to the extent waiver of such a claim is deemed unenforceable by a court of competent jurisdiction, are not covered by this arbitration provision.

17. Waiver and Severability.

The failure of Movebox to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU is found by a court of competent jurisdiction to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of any remaining provisions.

18. Successors and Assigns.

We may perform any of our obligations or exercise any of our rights under this TOU through one or more of our corporate affiliates (including any entity that directly or indirectly controls, is controlled by or is under common control with us). If Movebox or its assets are acquired by another entity, that entity will assume our rights and obligations as described in this TOU. You may not assign your rights or obligations under this TOU, by operation of law or otherwise, without our prior written consent.

19. Updates.

We may modify these TOU at any time, as we deem appropriate. If You disagree with the changes to the TOU, You must discontinue Your use of the platform. Your continued access or
use of any of the platform following such notice signifies Your acceptance of the modified TOU. It is your responsibility to review the TOU regularly to be aware of such modifications. We reserve the right to modify or discontinue the platform or services offered thereon with or without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the platform. If You object to any such changes, Your sole recourse will be to cease access to the platform. Continued access to the platform following notice of any such changes will indicate your acknowledgement of such changes and acceptance of the platform as so modified and your use will be governed by these TOU.

20. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

21. General

Failure by Movebox to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between You and Movebox with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement may not be assigned or transferred by You without Movebox’s prior written approval. Movebox may assign or transfer this Agreement without Your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement will inure to the
benefit of Movebox, its successors and assigns.