Terms of Service
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These Terms of Service (the “Terms”) govern your access and/or use related to the
Website, Company App, any other Company’s online applications, network, computing system or
other services, including without limitation the placing of an order, whether through the Company
App, Website or via telephone (collectively, the “Company Platform”), for the moving services,
packing, unpacking, loading, unloading, and securing of Customer’s items by a Third Party Mover
(“Service(s)”). PLEASE READ CAREFULLY, AS THESE TERMS CONSTITUTE A LEGAL
AGREEMENT BETWEEN THE CUSTOMER AND THE COMPANY.
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By accessing or using the Services, you confirm your agreement to be bound by terms
contained in the Terms. If you do not agree to the Terms, you may not access or use the Services.
It is expected the services provided by Company will evolve over time based on Customer
and user feedback. The Company reserves the right to change these Terms at any time, effective
upon the posting of modified terms on the Company’s Website, and the Company will make every
effort to communicate these changes to you via email, the Company App, and/or the Website. It is
likely the Terms will change over time. It is your obligation to ensure that you have read,
understood and agree to the most recent Terms available on the Company App and Website. If the
Customer continue to use the Services after a modification to these Terms, then the Customer will
be deemed to have accepted such modification to the Terms and will be bound by such modified
terms.
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These terms were last updated on February 10, 2023
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1. Definitions.
“Terms” Means these Terms of Service.
“Confidential information” Includes all information (i) which is or is designed to be used
in the business of Company and gives Company the opportunity to gain an advantage over
competitors who do not know or use it, (ii) exchanged between the parties under these Terms,
whether in writing, electronically or orally, and (iii) shall include, without limitation, all data,
customer lists, vendor information, plans, knowledge, know how, property, programs, trade
secrets, processes, ideas, scientific or technical data or methods of treating data, or any other
proprietary and/or confidential aspect of the Company. Confidential Information shall not include
information that is or becomes, publicly available other than through unauthorized disclosure by
the other party.
“Company” Means Moving Muscle, a Wyoming
limited liability company.
“Company App” shall mean the then-current mobile and/or online application developed
and/or provided by the Company, including any third party in which the Company has contracted
with to obtain a license (of any kind or type) to use such third-party company’s application and
software, as applicable, which is utilized by the Customer for the provision of the Services.
“Customer” or “you” shall mean any person, persons, corporation, partnership, company
or entity, which the Company has accessed or used the Company Platform with respects to the
providing of or performance of the Services. “Your” and “your” has a corresponding meaning.
“Intellectual Property” means any of the following in any jurisdiction throughout the
world: (i) patents, patent applications, patent disclosures and inventions, including any
continuations, divisionals, continuations-in-part, renewals and reissues for any of the foregoing;
(ii) internet domain names, trademarks, service marks, trade dress, trade names, logos and
corporate names and registrations and applications for registration thereof together with all of the
goodwill associated therewith; (iii) copyrights (registered or unregistered) and copyrightable
works and registrations and applications for registration thereof; (iv) registrations and applications
for registration thereof; (v) text, computer software, code, data, data bases and documentation
thereof; (vi) trade secrets and other confidential information (including ideas, formulas,
compositions, inventions (whether patentable or unpatentable and whether or not reduced to
practice), know-how, manufacturing and production processes and techniques, research and
development information, drawings, specifications, designs, plans, proposals, technical data,
copyrightable works, financial and marketing plans and customer and supplier lists and
information); and (vii) copies and tangible embodiments thereof (in whatever form or medium).
“Personal Information” is information relating to (i) an individual who can be identified,
such as a person’s name, street address, identification number, email address, license plate details,
location data, any online or company identifier, bank information, account number or to one or
more factors specific, including but not limited to, the physical, physiological, or mental identity
of a person; and (ii) “personally identifying information” under the Federal Trade Commission
Act.
“Third Party Platform” any other online application or website hosted by a third-party in
which the Company has contracted with or obtained a license (of any kind or type) to use such
third party’s services to assist the Company with the provision of the Services, including but not
limited to the third party’s online application, website, computing systems, or networks.
“Website” Means the internet site at the domain https://getmovingmuscle.com or any
other site operated by Company, as may be changed from time to time.
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2. Company Services; License; General Obligations.
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2.1. Company Services.
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(a) Services Description & Limitation of Liability. The Company is a
technological and communications company that connects Customers with third party service
providers (“Third Party Mover(s)”) who are capable of providing moving services, including but
not limited to, packing, unpacking, loading, unloading, and securing of Customer’s items, but
specifically not including the providing of equipment rentals or transportation services, through
the requests of Customers, whether through the Company App, Website, telecommunications or
otherwise, and the scheduling of such Services. The Customer acknowledges that the Company is
a referral and booking service connecting Customers and Third Party Movers, and the Company
does not provide transportation services, is not a mover of household goods, and is not subject to
the laws and regulations applicable to household goods motor carriers. THE CUSTOMER
ACKNOWLEDGES THE CUSTOMER USES THE THIRD PARTY MOVERS SERVICES AT
THE CUSTOMER’S OWN RISK AND FURTHER ACKNOWLEDGES THE COMPANY HAS
NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED BY THE THIRD
PARTY MOVERS, INCLUDING WITHOUT LIMITATION, MOVING RELATED SERVICES
SUCH AS THE PACKING, UNPACKING, LOADING, UNLOADING, AND SECURING OF
CUSTOMER’S ITEMS.
(b) Company Refusal or Cancellation or Service. Notwithstanding anything
herein to the contrary, the Customer acknowledges the Company shall have the right to refuse or
cancel any order for Services and/or moving related services to be performed by the Third Party
Movers at any time and for any reason, including without limitation inclement weather. In the
event the Company and/or Third Party Movers cancel the contract due to unsanitary, unclean,
infeasible or otherwise unacceptable conditions or the Customer is unprepared for the Services to
be provided, then the Company and/or the Customer may charge the Customer a cancellation fee.
(c) Third Party Platform. The Company may, at its sole discretion, contract
with a third party company to use a Third Party Platform to assist the Company in providing the
Services contained herein. In such event, the Customer acknowledges that the use and access to
the Third Party Platform may be subject to separate terms and conditions and the Company does
not control the terms, conditions, obligations or modifications associated with such third party’s
terms of service (or terms and conditions or as otherwise titled by such third party). The Customer
acknowledges agrees to comply with the covenants, terms and obligations of the third party’s terms
of service (or terms and conditions, as titled) and other requirements. The current third party is
Simply Book Me, and the terms and conditions of Simply Book Me are listed at
https://simplybook.me/en/terms-and-conditions#tab-for-clients. The Customer acknowledges that
is has carefully read the terms and conditions of Simply Book Me at the hyperlink listed above,
and agrees to comply with the terms, conditions, and obligations contained therein. The Company
will have no duty or obligation to monitor or maintain the Third Party Platform. The Customer
acknowledges that such third party may replace, disable, restrict access to the Customer or the
Customer’s use, and the Third Party Platform at any time and without notice. THE COMPANY
SHALL HAVE NO LIABILITY TO THE CUSTOMER OR ANY USER OF THE THIRD
PARTY PLATFORM WHATSOEVER, INCLUDING WIHTOUT LIMITATION, DUE TO
SUCH THIRD PARTY COMPANY’S CONNECTION WITH THE PROVIDING OF THE
SERVICES HEREIN.
(d) Restrictions on Access and Use of Services. In connection with the
Customer’s access or use to the Company Platform or Third Party Platform (hereinafter the
Company Platform and the Third Party Platform may be referred to herein collectively as the
“Platform(s)”), the Customer agrees the Customer shall not: (I) attempt to undermine or undermine
the security or integrity of Platform; (II) attempt to use, attempt to misuse, use or misuse the
Services in any way which may impair the functionality of the Platform or any other systems used
to deliver the Services or impair the ability of any other user to use the Services or Platform; (III)
attempt to gain or gain unauthorized access to any Confidential Information, Personal Information,
data or materials other than those to which you have provided or have been given express
permission to access; (IV) attempt to transmit, attempt to input, attempt to remove, transmit, input,
or remove with respects to the Platform any of the following: (1) intentionally false or inaccurate
information, Personal Information or data, (2) files that may damage any other person’s computing
devices or software, (3) content that may be offensive, or (4) material or data in violation of any
law (including data or other material protected by trademark, copyright or trade secrets which you
do not have the right to use); or (5) attempt to or actually modify, copy, adapt, reproduce,
disassemble, decompile, reverse engineer, prepare derivate works of or otherwise exploit any
software or programs contained on or in the Platform or used to deliver the Services.
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2.2 License.

Title to, and all licenses, copyright, Intellectual Property, the Platform, any
documentation, and any other rights and interest relating to the Services shall solely remain the
property of Company (or its third party licensors in the event in which Company licenses or
contracts with a third party for the use of their software or content). Company grants the Customer
a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use
the Services for the intended use via the Platform subject to the terms and obligations contain
herein. In the event the Company is utilizing a Third Party Platform for the provision of the
Services and the Company cannot granted a limited license to the Customer, then, to the extent
allowable by the licensor of the Third Party Platform and to the extent reasonably necessary for
the Provision of the Services, the Company grants the Customer to use the Company’s license
granted by the licensor of the Third Party Platform.
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2.3 General Obligations.
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(a) Proper Use. You must only use the Platform for lawful purposes and in
accordance with these Terms. In the event you in any way violate the terms and conditions
contained herein, then the Company may temporarily or permanently revoke your license and
access and use of the Company App, Website and all other Services.
(b) Customer Identification. If requested, the Customer agrees to provide
identification documentation, whether a driver’s license, passport or otherwise, to the Third Party
Movers to verify the identity of the Customer before the Services are commenced.
(c) Customer Account. In order to use the Services, you must register for and
maintain an active service account on the Platform (the “Account”). Account registration may
require you to submit the Customer’s personal information, including without limitation, the
Customer’s name, address, telephone number (mobile and/or home number), a valid method of
payment, and any other information reasonably requested by Company. You agree to maintain
accurate, complete and up-to-date information regarding your account, and you acknowledge the
failure to do so may result in you losing access to your Account. The usernames and passwords
you create for the Account use and access are for your personal use and you must ensure that all
usernames and passwords required to access and use the Service are kept secure and confidential.
You are solely responsible for all activity pertaining to the account, including but not limited to,
any expenses and costs related to unauthorized access.
(d) Customer Content. The Company may, in its sole discretion, allow the
Customer to upload, submit or otherwise make available to the Company textual, audio and/or
visual content and information, including commentary and feedback related to the Services
(“Customer Content”); provided, however, the Customer shall not provide any Customer Content
that is defamatory, libelous, hateful, violent, prurient, unlawful or offensive. The Customer agrees
that by providing this Customer Content it is granting the Company a perpetual, irrevocable,
transferable (including the right to sub-license), royalty-free license, to use, display, modify, copy,
or otherwise exploit without the consent of the Customer or any other person or party. THE
COMPANY SHALL NOT BE LIABLE FOR ANY CUSTOMER CONTENT PROVIDED BY
THE CUSTOMER.
(e) Communications with the Company. The Customer agrees the Company
may contact the Customer through the use of text messages, phone number, and email addresses
provided to the Company. The Customer shall solely be responsible for the standard messaging
rates and data rates associated with such communications. The Customer acknowledges any
communications received through electronic means shall satisfy any legal requirement that such
communications would satisfy if it were in hard copy.
(f) Nonsolicitation of Third Party Movers. In the event the Customer cancels
an order for the Services and the Third Party Movers who are to perform the Services have already
arrived at the job site, the Customer agrees that for a period of thirty (30) days after such order is
cancelled not to solicit, directly, indirectly, individually, or on behalf of any entity the selected
Third Party Movers who were to perform or have already begun performing the Services. For
clarity, the Customer shall not cancel an order and request any Third Party Mover perform the
moving related services outside of the Company Platform and avoid incurring charges through the
Company. The Customer agrees to be liable for the costs and expenses associated with all improper
solicitation and contract interferences, including without limitations, attorneys’ fees.
(g) Discrimination. The Customer agrees not to engage in any form of
discrimination or harassment, including without limitation, those protected by federal, state or
local laws.
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3. Pricing and Payment.
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3.1 Pricing.
(a) Estimate. Upon placing a request and/or order for the Services, the
Customer may receive an estimate of the cost and expenses which may be based upon the
information provided by the Customer (the “Estimate”), including without limitation, the amount
of items, size and uniqueness of items, and estimated time to complete Services. The Customer
acknowledges the Estimate is non-binding and does not guarantee any final costs and expenses to
be paid by Customer. At the time the Customer receives an Estimate or otherwise when any
agreement is made whereby the Third Party Movers will perform moving related services for the
Customer, the Customer shall provide to the Company a valid form of payment, whether a debit
card, credit card or otherwise, and any information necessary thereto to process such payment.
(b) Modification Fee; Cancellation Fee. The Customer may cancel or change
an order for the Services at any time, however, in event the Customer modifies an order or cancels
the order within the twenty-four (24) hour period before when the Services are to be performed,
or the Company or Third Party Mover cancels the contract due to unsanitary, unclean, infeasible
or otherwise unacceptable conditions of the Customer’s home, building, items, equipment, ect.,
then the Company or the Third Party Movers may increase the price to be charged to the Customer
and/or charge a cancellation fee.
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3.2 Payment. Once the Services have been completed, the Company shall notify the
Customer of final amounts owed by the Customer through an invoice (the “Invoice”). This Invoice
shall be provided to the Customer through either the Company App or the email address provided
by the Customer. In the event the Customer has provided a deposit, such amounts shall be applied
toward the amount owed on the Invoice. Once the Customer has received the Invoice, the amount
listed therein, including any taxes due under the law, shall be immediately due and payable and
you authorize the Company to charge the debit or credit card provided to the Company through
the payment process then utilized by the Company. If the debit or credit card provided is declined,
the Customer agrees to immediately provide a secondary method of payment.
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3.3 Third Party Movers’ Collection Agent. The Customer acknowledges the Company
collects the amounts to be paid to the Third Party Movers on behalf of the Third Party Movers for
the moving related services they provide as a part of the Services. The payment made to the
Company shall be considered a direct payment made to the Third Party Movers, and the Customer
shall not direct any payment, other than tip or gratuity, to the Third Party Movers. In the event
such payment is made directly to the Third Party Movers, the Customer acknowledges that it shall
remain responsible for paying the entire amount contained in the invoice to the Company.
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4. Property Damage.
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4.1. Precautions & Protective Materials. The Company recommends that the Customer
take all necessary precautions to protects its personal and real property prior to the Third Party
Movers providing the moving related services. This includes using protective materials to protect
the walls, floors, ceilings, and other interior portions of the building in which the property is
located.
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4.2. Company’s Limitation of Liability. THE COMPANY, ITS EMPLOYEES,
CONTRACTORS OR AGENTS ARE NOT LIABLE FOR ANY PROPERTY DAMAGES,
REAL OR PERSONAL, THAT THE CUSTOMER MAY OCCUR AS A RESULT OF THE
SERVICES PROVIDED BY THE THIRD PARTY MOVERS. THE CUSTOMER
UNDERSTANDS AND AGREES THAT YOU WILL NOT BE ABLE TO RECOVER IN
OTHER TYPE OF DAMAGES RELATED TO YOUR PROPERTY, WHETHER SUCH
DAMAGES ARISE IN CONTRACT, TORT, OR OTHERWISE. THE COMPANY MAKES NO
REPRESENTATION OR WARRANTY REGARDING THE QUALITY OF THE SERVICES
TO BE PROVIDED BY SUCH THIRD PARTY MOVERS OR THAT ANY ITEM OR
PROPERTY WILL NOT BE DAMAGED OR LOST AS A RESULT OF THE SERVICES
BEING PROVIDED. THE CUSTOMER ACKNOWLEDGES THE SERVICES PROVIDED BY
THE THIRD PARTY MOVERS ARE AT YOUR OWN RISK AND JUDGMENT. It is
recommended by the Company that the Customer obtain insurance from a third party insurance
carrier for the personal and real property prior to the performance of the moving related services.
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4.3. Third Party Mover Limitation of Liability. IN NO EVENT SHALL THE THIRD
PARTY MOVERS BE LIABLE TO THE CUSTOMER FOR DAMAGES IN EXCESS OF THE
AMOUNT FOR THE MOVING RELATED SERVICES TO BE PERFORMED PURSUANT TO
THESE TERMS. THE THIRD PARTY MOVERS ARE NOT LIABLE FOR ANY DAMAGE
TO THE CUSTOMER’S PROPERTY, REAL OR PERSONAL, WHICH OCCURS WHILE THE
PROPERTY IS BEING TRANSPORTED FROM ONE LOCATION TO ANOTHER.
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4.4. Customer Reimbursement by the Company. The Company may, in its sole and
absolute discretion, choose to reimburse the Customer for any damages that may occur in lieu of
the Customer receiving any payment from the Third Party Movers. If the Company chooses to
reimburse the Customer and the Customer agrees to the amount to be reimbursed, then the
Customer shall waive any rights to receive any additional sums from the Third Party Movers.
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4.5. Trash. The Customer acknowledges neither the Company or the Third Party
Movers shall be responsible for, and the Services shall not include the collection, removal or
disposal of any trash of the Customer.
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5. Customers Representations and Warranties.

The Customer represents and warrants to
the Company the following:
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5.1. Authority. The Customer is at least eighteen (18) years of age and has the ability
and capacity to enter into binding contractual agreements. In the event the Customer is an entity,
including without limitation, a sole proprietorship, partnership, limited liability company,
corporation, or otherwise, the person requesting the Services provided by the Company is duly
authorized, whether expressly or impliedly, to bind the Customer to the terms and conditions of
the Terms herein, and to access and use the Services of the Company on behalf of such entity.
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5.2. Legal Possession. The Customer has legal possession and rights to all items to be
moved or shipped by the Third Party Movers.
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5.3. Compliance. The Customer shall abide by all terms, obligations, covenants and
conditions contained in these Terms and any other agreement between the Company and the
Customer. The Customer agrees to use the Services provided herein for the Customer’s own
personal use and shall comply with any and all applicable laws pertaining to requirements of these
Terms.
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6. Disclaimers; Limitation of liability.
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6.1. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE
COMPANY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS,
IMPLIED OR STATUTORY NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. IN ADDITION, COMPANY MAKES NO
REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY,
TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES,
COMPANY APP, WEBSITE, OR PLATFORMS, OR THAT THE PLATFORMS WILL BE
FREE FROM VIRUSES, OTHER HARMFUL COMPONENTS, UNINTERRUPTED, ERROR-
FREE, OR THAT THEY WILL MEET THE CUSTOMER’S REQUIREMENTS OR
EXPECTATIONS.
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6.2. THE COMPANY, ITS EMPLOYEES, AND AGENTS SHALL HAVE NO
LIABILITY UNDER THE TERMS OF THIS AGREEMENT EXCEPT AS EXPRESSLY SET
FORTH HEREIN. ADDITIONALLY, NEITHER THE COMPANY, ITS EMPLOYEES, OR
AGENTS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR CONSEQUENTIAL DAMANGES, INCLUDING LOST PROFITS,
SUBSTITUTE GOODS OR SERVICES, GOODWILL, LOST DATA, TORT, PERSONAL
INJURY, OR PROPERTY DAMAGES RELATED TO, OR IN CONNECTION WITH, OR
OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE
THEORY OF LIABILITY.
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6.3. THE COMPANY DOES NOT GUARANTEE THE SERVICES WILL BE
INTER-OPERATIONAL WITH ANY THIRD-PARTY PROVIDER, NOR DOES THE
COMPANY CONTROL, MANAGE, OR DIRECT ANY THIRD-PARTY PROVIDERS,
INCLUDING TRANSPORTATION DRIVERS. THE COMPANY SHALL NOT LIABLE FOR
ANY DAMAGES REGARDING YOUR RELIANCE ON THE INTER-OPERATIONAL
FUNCTIONALITY WITH ANY THIRD-PARTY PROVIDER.
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6.4. If you suffer loss or damage as a result of the Company’s act or negligence, failure
to comply with the terms of this Terms or wrongful act of any kind or nature, any claim by you
against Company arising from Company’s breach, or wrongful act will be limited in respect of any
one incident, or series of connected incidents, to the total amount for the of the Services to be
provided, whether such amount is based upon the Invoice provided to the Customer or the
Estimate.
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7. Indemnity.

The Customer agrees to indemnify and hold the Company, its employees,
independent contractors, members, manager, and agents harmless from and against any and all
claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including
attorney’s fees) relating to or arising from: (a) any alleged or actual breach of the terms,
representations, warranties, covenants, terms or obligations set forth in these Terms, (b) the
Customer’s violation of the rights of another, including without limitation, a Third Party Mover or
other user of the Platform, (c) any violation by the Customer of any applicable ordinance, rule,
regulation or law, (d) the Customer’s violation of any third party rights, (e) the Customer’s
improper, wrongful or harmful use of the Platform, and (f) any of the aforementioned being
committed by an agent of or family member of the Customer. This Section shall survive the
termination of these Terms and the Customers use and access to the Platform.
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8. Confidentiality and Privacy.
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8.1. Confidentiality. Unless the relevant party has the prior written consent of the other
or unless required otherwise require by applicable law, the parties hereto agree to preserve the
confidential nature of all Confidential Information and Personal Information of the other obtained
in connection the Services provided herein . Neither party will, without the prior written consent
of the other, disclose or make any Confidential Information or Personal Information available to
any person, company, corporation, firm, or other entity not a signatory to these Terms, or use the
same for its own benefit, other than as explicitly stated in this Terms, or as reasonably required to
provide the Services. This shall include sharing the information with the Third Party Movers to
complete the moving Services requested by the Customer. Each party’s obligations under this
Section will survive the termination of these Terms.
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8.2. Exceptions to Confidentiality. The provisions of Section 8.1 shall not apply to any
Confidential information which: (I) is or becomes public knowledge, unless such Confidential
Information becomes available due to a breach of these Terms or any other agreement between the
parties; (II) is received from a third party who lawfully acquired it and who is under no obligation
restricting its disclosure (excluding any Third Party Mover); (III) is in the possession of the
receiving party without restriction in relation to disclosure before the date of receipt from the
disclosing party; or (IV) is proven to have been independently developed by a party without access
to the Confidential Information.
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8.3. Privacy. Company maintains a privacy policy that sets out the parties’ obligations
in respect of Personal Information on the Platforms (“Privacy Policy”). Upon the access and use
of the Services or any other actions causing an acceptance to these Terms, the Customer
acknowledges and agrees to have accepted the terms contained in the Privacy Policy. In the event
the Company utilizes a Third Party Platform for the provision of the Services, such third party may
have their own privacy policy regarding the Personal Information of the Customer. The Customer
agrees to comply with such third party’s privacy policy. THE COMPANY SHALL NOT BE
LIABLE FOR TO THE CUSTOMER FOR ANY LIABILITY ASSOCIATED WITH THE
PERSONAL INFORMATION MAINTAINED ON THE THIRD PARTY PLATFORM,
INCLUDING ANY ACT, NEGLIGENCE, OR WILLFUL ACT OF THE THIRD PARTY
LEADING TO THE DISCLOSURE, BREACH OR UNAUTHORIZED ACCESS OF
CUSTOMER’S PERSONAL INFORMATION.
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9. Miscellaneous.
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9.1. Entire Agreement. These Terms, together with the Company’s Privacy Policy
(and any third party’s privacy policy, if applicable) and the terms of any other notices or
instructions given to you under these Terms, supersede and extinguish all prior agreements,
representations (whether oral or written), and understandings and constitute the entire agreement
between the Customer and Company relating to the Services and the other matters dealt with in
these Terms.
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9.2. Waiver. If either party waives any breach of the terms of these Terms, this will not
constitute a waiver of any other breach. No waiver will be effective unless made in writing.
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9.3. Delays. Neither party will be liable for any delay or failure in performance of its
obligations under these Terms if the delay or failure is due to any cause outside its reasonable
control. This Section does not apply to any obligation to pay money.
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9.4. No Assignment. You may not assign or otherwise transfer any rights under these
Terms to any other person without the Company’s prior written consent.
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9.5. Governing Law and Jurisdiction. These Terms shall be governed and
interpreted in accordance with the substantive law of the State of North Carolina, excepting its
conflict of laws principles. Any mediation, arbitration or legal action between the parties shall be
heard only within Mecklenburg County, North Carolina and the state and federal courts of
Mecklenburg County, North Carolina shall have exclusive jurisdiction over any dispute between
the parties. The Customer expressly consents to the personal jurisdiction of the state and federal
courts of Mecklenburg County, North Carolina.
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9.6. Severability. If any part or provision of these Terms are invalid, unenforceable or
in conflict with the law, that part or provision is replaced with a provision which, as far as possible,
accomplishes the original purpose of that part or provision. The remainder of these Terms will be
binding on the parties.
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9.7. Notices. Any notice given under these Terms by either party to the other must be
in writing by email or delivered through the Platform and will be deemed to have been given on
transmission. Notices to the Company through email must be sent to geordan2000@gmail.com.
Notices to you will be sent either through the Platform or to the email address which you provided
when setting up your access to the Services.
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9.8. Rights of Third Parties: A person, company, corporation, firm, or entity who is not
a party to these Terms has no right to benefit under or to enforce any term of these Terms.
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9.9. Binding Effect. Except as otherwise provided in these Terms, every covenant,
term, and provision of these Terms shall be binding upon the parties.
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9.10. Injunctive Relief. If the Customer, the Customer’ agent or family member or any
other party operating under their authority threatens or attempts to perform any act or do anything
in violation of any of the covenants, terms or obligations set forth herein, then, in any suit that may
be commenced by Company with respect to such violation, the Customer agrees that an order may
be made in such suit enjoining the Customer from so violating these Terms and the Service
Agreement, and an order to that effect may be made pending such litigation or arbitration, as well
as upon final determination thereof, and such application for such injunction shall be without
prejudice to any other right of action which may accrue to Company by reason of the breach of
these Terms, including but not limited to, monetary damages also available hereunder and/or at
law. The rights and remedies of the Company contained in these Terms are cumulative and not
alternative.
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9.11. Effect of Headings. The title of these Terms and the subject headings of the sections
and subsections of these Terms are included for purposes of convenience only, and shall not affect
the construction or interpretation of any of its provisions.
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9.12. Variation of Pronouns and Interpretation of Terms. All pronouns and any variations
thereof shall be deemed to refer to masculine, feminine, or neuter, singular or plural, as the identity
of the person, persons, entity or entities may require. In the terms of these Terms, the words
“including” and “include” mean “including, without limitation.”
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9.13. Time. Time is of the essence as to all matters contained in these Terms.