Terms & Conditions

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.

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.

These terms were last updated on February 10, 2023

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 LLC (a/k/a 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.

2.         Company Services; License; General Obligations.

2.1.      Company Services.

(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.

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.

2.3       General Obligations.

                        (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.

3.         Pricing and Payment.

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.

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.

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.

4.         Property Damage.

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.

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.

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.

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.

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.

5.         Customers Representations and Warranties.  The Customer represents and warrants to the Company the following:

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.

5.2.      Legal Possession. The Customer has legal possession and rights to all items to be moved or shipped by the Third Party Movers.

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.

6.         Disclaimers; Limitation of liability.

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.

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.

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.

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.

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.

8.         Confidentiality and Privacy.

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.

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.

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.

9.         Miscellaneous.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.”

9.13.    Time.  Time is of the essence as to all matters contained in these Terms.