These terms of service constitute a legally binding agreement (the
“Agreement”) between you and AMZY, LLC (“Amzy,” “we,” “us” or “our”)
governing your use of the Amzy application, website, and technology platform
(collectively, the “Amzy Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS
YOU AND AMZY HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 17 BELOW).
THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS
YOU HAVE AGAINST AMZY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL
BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR
REPRESENTATIVE ACTION OR PROCEEDING. AS A SERVICE PROVIDER (DRIVER), YOU
HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS
AS PROVIDED IN SECTION 17.
By entering into this Agreement, you expressly acknowledge that you
understand this Agreement (including the dispute resolution and arbitration
provisions Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR
ACCESS THE AMZY PLATFORM. These Terms expressly supersede prior agreements
or arrangements with you. Amzy may immediately terminate these Terms or any
Services with respect to you, or generally cease offering or deny access to
the Services or any portion thereof, at any time for any reason.
When using the Amzy Platform, you also agree to conduct yourself in
accordance with our Community
Standards, which shall
form part of this
Agreement between you and Amzy.
Rates. There is one type of rate, variable.
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5. Payments
If you are a Hauler or a Dispatcher, you will receive payment for
your provision of Services. All service payments are subject to Amzy
Commission Schedule
Addendum, which shall form part of this
Agreement between you and Amzy.
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6. Amzy Communications
By becoming a User, you agree to receive communications from us,
including via email, text message, calls, and push notifications.
You agree that texts, calls or prerecorded messages may be generated
by automatic telephone dialing systems. Communications from Amzy,
its affiliated companies and/or Service Providers, may include but
are not limited to: operational communications concerning your User
account or use of the Amzy Platform or Services, updates concerning
new and existing features on the Amzy Platform, communications
concerning promotions run by us or our third- party partners, and
news concerning Amzy and industry developments. Standard text
messaging charges applied by your cell phone carrier will apply to
text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE
FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS
IN THE PROMOTIONAL EMAIL ITSELF. IF YOU WISH TO OPT OUT OF
PROMOTIONAL CALLS OR TEXTS, YOU MAY TEXT “END” TO 1(208)825-2689
FROM THE MOBILE DEVICE RECEIVING THE MESSAGES OR SIMPLY CAN TEXT THE
WORD “STOP”. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO
RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE AMZY
PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR
CALLS FROM AMZY (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR
CALLS), YOU CAN TEXT THE WORD “STOPALL” TO 1(208)825-2689 FROM THE
MOBILE DEVICE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT
OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE AMZY
PLATFORM OR THE SERVICES.
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7. Your Information
Your Information is any information you provide, publish or post to
or through the Amzy Platform (including any profile information you
provide) or send to other Users (including via in-application
feedback, any email feature, or through any Amzy-related Facebook,
Twitter or other social media posting) (your “Information”). You
consent to us using your Information to create a User account that
will allow you to use the Amzy Platform and participate in the
Services. Our collection and use of personal information in
connection with the Amzy Platform and Services is as provided in
Amzy’s Privacy Policy. You are
solely responsible for your
Information and your interactions with other members of the public,
and we act only as a passive conduit for your online posting of your
Information. You agree to provide and maintain accurate, current and
complete information and that we and other members of the public may
rely on your Information as accurate, current and complete. To
enable Amzy to use your Information, you grant to us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
transferable, sub-licensable (through multiple tiers) right and
license to exercise the copyright, publicity, and database rights
you have in your Information, and to use, copy, perform, display and
distribute such Information to prepare derivative works, or
incorporate into other works, such Information, in any media now
known or not currently known. Amzy does not assert any ownership
over your Information; rather, as between you and Amzy, subject to
the rights granted to us in this Agreement, you retain full
ownership of all of your Information and any intellectual property
rights or other proprietary rights associated with your Information.
You may be able to create or log-in to your Amzy User account
through online accounts you may have with third party social
networking sites (each such account, an "SNS Account"). By
connecting to Amzy through an SNS Account, you understand that Amzy
may access, store, and make available any SNS Account content
according to the permission settings of your SNS Account (e.g.,
friends, mutual friends, contacts or following/followed lists (the
“SNS Content”)). You understand that SNS Content may be available on
and through the Amzy Platform to other Users. Unless otherwise
specified in this Agreement, all SNS Content, if any, shall be
considered to be your Information.
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8. Promotions and Referral Programs
Amzy, at its sole discretion, may make available promotions with
different features to any Users or prospective Users. These
promotions, unless made to you, shall have no bearing whatsoever on
your Agreement or relationship with Amzy. Amzy reserves the right to
withhold or deduct credits or benefits obtained through a promotion
in the event that Amzy determines or believes that the redemption of
the promotion or receipt of the credit or benefit was in error,
fraudulent, illegal, or in violation of the applicable promotion
terms or this Agreement.
As part of your User account, Amzy may provide you with or allow you
to create a “Amzy Code,” a unique alphanumeric code for you to
distribute to friends, family and other persons (each a “Referred
User”) to become new Amzy Customer (“Referred Customer”) or service
provider (“Referred service provider”). Amzy Codes may only be
distributed for promotional purposes and must be given away free of
charge. You may not sell, trade, or barter your Amzy Code. You are
prohibited from advertising Amzy Codes, including but not limited
to: Google, Facebook, Twitter, Bing and Craigslist. Amzy reserves
the right to deactivate or invalidate any Amzy Code at any time at
Amzy's discretion.
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9. Restricted Activities
With respect to your use of the Amzy Platform and your participation
in the Services, you agree that you will not:
a. impersonate any person or entity;
b. stalk, threaten, or otherwise harass any person, or carry any
weapons;
c. violate any law, statute, rule, permit, ordinance or regulation;
d. interfere with or disrupt the Services or the Amzy Platform or the
servers or networks connected to the Amzy Platform;
e. post Information or interact on the Amzy Platform or Services in a
manner which is false, inaccurate, misleading (directly or by
omission
or failure to update information), defamatory, libelous, abusive,
obscene, profane, offensive, sexually oriented, threatening,
harassing,
or illegal;
f. use the Amzy Platform in any way that infringes any third party’s
rights, including but not limited to: intellectual property rights,
copyright, patent, trademark, trade secret or other proprietary
rights
or rights of publicity or privacy;
g. post, email or otherwise transmit any malicious code, files or
programs designed to interrupt, damage, destroy or limit the
functionality of any computer software or hardware or
telecommunications
equipment or surreptitiously intercept or expropriate any system,
data
or personal information;
h. forge headers or otherwise manipulate identifiers in order to
disguise
the origin of any information transmitted through the Amzy Platform;
i. “frame” or “mirror” any part of the Amzy Platform, without our
prior
written authorization or use meta tags or code or other devices
containing any reference to us in order to direct any person to any
other website for any purpose;
j. modify, adapt, translate, reverse engineer, decipher, decompile or
otherwise disassemble any portion of the Amzy Platform or any
software
used on or for the Amzy Platform;
k. rent, lease, lend, sell, redistribute, license or sublicense the
Amzy
Platform or access to any portion of the Amzy Platform;
1. use any robot, spider, site search/retrieval application, or other
manual or automatic device or process to retrieve, index, scrape,
“data
mine”, or in any way reproduce or circumvent the navigational
structure
or presentation of the Amzy Platform or its contents;
m. link directly or indirectly to any other websites;
n. transfer or sell your User account, password and/or identification
to
any other party
o. discriminate against or harass anyone on the basis of race,
national
origin, religion, gender, gender identity, physical or mental
disability, medical condition, marital status, age or sexual
orientation, or
p. cause any third party to engage in the restricted activities
above.
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10. Service Provider Representations, Warranties and Agreements
By providing Services as a Hauler on the Amzy Platform, you
represent, warrant, and agree that:
a. You possess a valid driver’s license and are authorized and
medically fit to operate a motor vehicle and have all appropriate
licenses, approvals and authority to provide junk removal to
customers in all jurisdictions in which you provide Services.
b. You own, or have the legal right to operate, the vehicle you use
when providing Services, and such vehicle is in good operating
condition and meets the industry safety standards and all applicable
statutory and state department of motor vehicle requirements for a
vehicle of its kind.
c. You will not engage in reckless behavior while driving and
providing service, drive unsafely, operate a vehicle that is unsafe
to drive, be involved in a motor vehicle accident or collision of
any kind, permit an unauthorized third party to accompany you in the
vehicle while providing Services, provide Services as a Hauler while
under the influence of alcohol or drugs, or take action that harms
or threatens to harm the safety of the Amzy community or third
parties.
d. You will only provide Services using the vehicle that has been
reported to, and approved by Amzy, and for which a photograph has
been provided to Amzy, and you will not transport more trash/ junk
than can securely be placed in such vehicle (and no more than twenty
five thousands (25000) Pounds of Any combination of vehicles with a
gross combined weight rating).
e. You will not make any misrepresentation regarding Amzy, the Amzy
Platform, the Services or your status as a Hauler.
f. You will not, while providing the Services, operate as a public
carrier or hauling service, accept street hails, charge for service
(except as expressly provided in this Agreement), demand that a
customer pay in cash, or use a credit card reader, such as a Square
Reader, to accept payment or engage in any other activity in a
manner that is inconsistent with your obligations under this
Agreement.
g. You will not attempt to defraud Amzy or Customers on the Amzy
Platform or in connection with your provision of Services. If we
suspect that you have engaged in fraudulent activity we may withhold
applicable Service charges or other payments for the jobs(s) in
question.
h. You will make reasonable accommodation for Customers as required
by law.
i. You agree that we may obtain information about you, including your
criminal and driving records, and you agree to provide any further
necessary authorizations to facilitate our access to such records
during the term of the Agreement.
j. You have a valid policy of liability insurance (in coverage
amounts consistent with all applicable legal requirements) that
names or schedules you for the operation of the vehicle you use to
provide Services.
k. You will pay all applicable federal, state and local taxes based
on your provision of Services and any payments received by you.
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Dispatcher Representations, Warranties and Agreements
By providing Services as a Dispatchers on the Amzy Platform, you
represent, warrant, and agree that:
a. Provide Services as a Dispatcher while under the influence of
alcohol or drugs, or take action that harms or threatens to harm the
safety of the Amzy community or third parties.
b. You will not make any misrepresentation regarding Amzy, the Amzy
Platform, the Services or your status as a Dispatcher.
c. You will not, while providing the Services, charge for service
(except as expressly provided in this Agreement), demand that a
customer pay in cash, or use a credit card reader, such as a Square
Reader, to accept payment or engage in any other activity in a
manner that is inconsistent with your obligations under this
Agreement.
d. You will not attempt to defraud Amzy or Customers or Haulers on
the Amzy Platform or in connection with your provision of Services.
If we suspect that you have engaged in fraudulent activity we may
withhold applicable Service charges or other payments for the
jobs(s) in question.
e. You will make reasonable accommodations for Haulers as required by
law.
f. You agree that we may obtain information about you, including your
criminal and driving records, and you agree to provide any further
necessary authorizations to facilitate our access to such records
during the term of the Agreement.
g. You will pay all applicable federal, state and local taxes based
on your provision of Services and any payments received by you.
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11. Intellectual Property
All intellectual property rights in the Amzy Platform shall be owned
by Amzy absolutely and in their entirety. These rights include and
are not limited to database rights, copyright, design rights
(whether registered or unregistered), trademarks (whether registered
or unregistered) and other similar rights wherever existing in the
world together with the right to apply for protection of the same.
All other trademarks, logos, service marks, company or product names
set forth in the Amzy Platform are the property of their respective
owners. You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback or other information (“Submissions”)
provided by you to us are non-confidential and shall become the sole
property of Amzy. Amzy shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
AMZY and other Amzy logos, designs, graphics, icons, scripts and
service names are registered trademarks, trademarks or trade dress
of Amzy in the United States and/or other countries (collectively,
the “Amzy Marks”). If you provide Services as a Hauler or
Dispatcher, Amzy grants to you, during the term of this Agreement,
and subject to your compliance with the terms and conditions of this
Agreement, a limited, revocable, non-exclusive license to display
and use the Amzy Marks solely in connection with providing the
Services through the Amzy Platform (“License”). The License is
non-transferable and non-assignable, and you shall not grant to any
third party any right, permission, license or sublicense with
respect to any of the rights granted hereunder without Amzy’s prior
written permission, which it may withhold in its sole discretion.
The Amzy Marks may not be used in any manner that is likely to cause
confusion.
You acknowledge that Amzy is the owner and licensor of the Amzy
Marks, including all goodwill associated therewith, and that your
use of the Amzy Marks will confer no additional interest in or
ownership of the Amzy Marks in you but rather inures to the benefit
of Amzy. You agree to use the Amzy Marks strictly in accordance with
Amzy’s Trademark Usage Guidelines, as may be provided to you and
revised from time to time, and to immediately cease any use that
Amzy determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that
incorporate the Amzy Marks or any derivatives of the Amzy Marks
other than as expressly approved by Amzy in writing; (2) use the
Amzy Marks in any way that tends to impair their validity as
proprietary trademarks, service marks, trade names or trade dress,
or use the Amzy Marks other than in accordance with the terms,
conditions and restrictions herein; (3) take any other action that
would jeopardize or impair Amzy’s rights as owner of the Amzy Marks
or the legality and/or enforceability of the Amzy Marks, including,
without limitation, challenging or opposing Amzy’s ownership in the
Amzy Marks; (4) apply for trademark registration or renewal of
trademark registration of any of the Amzy Marks, any derivative of
the Amzy Marks, any combination of the Amzy Marks and any other
name, or any trademark, service mark, trade name, symbol or word
which is similar to the Amzy Marks; (5) use the Amzy Marks on or in
connection with any product, service or activity that is in
violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate
termination of the License, in Amzy’s sole discretion. If you create
any materials bearing the Amzy Marks (in violation of this Agreement
or otherwise), you agree that upon their creation Amzy exclusively
owns all right, title and interest in and to such materials,
including without limitation any modifications to the Amzy Marks or
derivative works based on the Amzy Marks. You further agree to
assign any interest or right you may have in such materials to Amzy,
and to provide information and execute any documents as reasonably
requested by Amzy to enable Amzy to formalize such assignment.
Amzy respects the intellectual property of others, and expects Users
to do the same. If you believe, in good faith, that any materials on
the Amzy Platform or Services infringe upon your copyrights, please
visit Copyright Policy page for
information on how
to make a
copyright complaint.
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12. Disclaimers
The following disclaimers are made on behalf of Amzy, our
affiliates, subsidiaries, parents, successors and assigns, and each
of our respective officers, directors, employees, agents, and
shareholders.
Amzy does not provide junk removal services, and Amzy is not a Junk
Removal Service. It is up to the Hauler to decide whether or not to
offer his services to a Customer contacted through the Amzy
Platform, and it is up to the Customer to decide whether or not to
accept a service from any Hauler contacted through the Amzy
Platform. We cannot ensure that a Hauler or Costumer or Dispatcher
will complete an arranged junk removal service. We have no control
over the quality or safety of the services provided that occurs as a
result of the Services.
The Amzy Platform is provided on an “as is” basis and without any
warranty or condition, express, implied or statutory. We do not
guarantee and do not promise any specific results from use of the
Amzy Platform and/or the Services, including the ability to provide
or receive Services at any given location or time. We specifically
disclaim any implied warranties of title, merchantability, fitness
for a particular purpose and non-infringement. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
We do not warrant that your use of the Amzy Platform or Services
will be accurate, complete, reliable, current, secure,
uninterrupted, always available, or error- free, or will meet your
requirements, that any defects in the Amzy Platform will be
corrected, or that the Amzy Platform is free of viruses or other
harmful components. We disclaim liability for, and no warranty is
made with respect to, connectivity and availability of the Amzy
Platform or Services.
We cannot guarantee that each Customer is who he or she claims to
be. Please use common sense when using the Amzy Platform and
Services, including looking at the photos of the Hauler or Costumer
you have matched with to make sure it is the same individual you see
in person. Please note that there are also risks of dealing with
underage persons or people acting under false pretense, and we do
not accept responsibility or liability for any content,
communication or other use or access of the Amzy Platform by persons
under the age of 18 in violation of this Agreement. We encourage you
to communicate directly with each potential Hauler or Customer prior
to engaging in an arranged junk removal service.
Amzy is not responsible for the conduct, whether online or offline,
of any User of the Amzy Platform or Services. You are solely
responsible for your interactions with other Users. We do not
procure insurance for, nor are we responsible for, personal
belongings hauled in error by Haulers or Customers. By using the
Amzy Platform and participating in the Services, you agree to accept
such risks and agree that Amzy is not responsible for the acts or
omissions of Users on the Amzy Platform or participating in the
Services.
Amzy expressly disclaims any liability arising from the unauthorized
use of your User account. Should you suspect that any unauthorized
party may be using your User account or you suspect any other breach
of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you
provide, publish or post to or through the Amzy Platform (including
any profile information you provide), send to other Users, or share
during the Services, and to use such information to harass or harm
you. We are not responsible for the use of any personal information
that you disclose to other Users on the Amzy Platform or through the
Services. Please carefully select the type of information that you
post on the Amzy Platform or through the Services or release to
others. We disclaim all liability, regardless of the form of action,
for the acts or omissions of other Users (including unauthorized
users, or “hackers”).
Opinions, advice, statements, offers, or other information or
content concerning Amzy or made available through the Amzy Platform,
but not directly by us, are those of their respective authors, and
should not necessarily be relied upon. Such authors are solely
responsible for such content. Under no circumstances will we be
responsible for any loss or damage resulting from your reliance on
information or other content posted by third parties, whether on the
Amzy Platform or otherwise. We reserve the right, but we have no
obligation, to monitor the materials posted on the Amzy Platform and
remove any such material that in our sole opinion violates, or is
alleged to violate, the law or this agreement or which might be
offensive, illegal, or that might violate the rights, harm, or
threaten the safety of Users or others.
Location data provided by the Amzy Platform is for basic location
purposes only and is not intended to be relied upon in situations
where precise location information is needed or where erroneous,
inaccurate or incomplete location data may lead to death, personal
injury, property or environmental damage. Neither Amzy, nor any of
its content providers, guarantees the availability, accuracy,
completeness, reliability, or timeliness of location data tracked or
displayed by the Amzy Platform. Any of your Information, including
geolocational data, you upload, provide, or post on the Amzy
Platform may be accessible to Amzy and certain Users of the Amzy
Platform.
Amzy advises you to use the Amzy Platform with a data plan with
unlimited or very high data usage limits, and Amzy shall not be
responsible or liable for any fees, costs, or overage charges
associated with any data plan you use to access the Amzy Platform.
This paragraph applies to any version of the Amzy Platform that you
acquire from the Apple App Store or Google Play Store. This
Agreement is entered into between you and Amzy. Apple, Inc.
(“Apple”) or Google (Alphabet Inc.) is not a party to this Agreement
and shall have no obligations with respect to the Amzy Platform.
Amzy, not Apple or Google, is solely responsible for the Amzy
Platform and the content thereof as set forth hereunder. However,
Apple/ Google and Apple’s/Google’s subsidiaries are third party
beneficiaries of this Agreement. Upon your acceptance of this
Agreement, Apple and Alphabet Inc shall have the right (and will be
deemed to have accepted the right) to enforce this Agreement against
you as a third party beneficiary thereof. This Agreement
incorporates by reference Apple’s
Licensed Application
End User
License Agreement, and Google
Play
Terms of
Service for
purposes of
which, you are “the end-user.” In the event of a conflict in the
terms of the Licensed Application End User License Agreement and
this Agreement, the terms of this Agreement shall control.
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13. State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can
view any disclosures required by your local jurisdiction at
disclosures page. We will
update the disclosures
page as
jurisdictions add, remove or amend these required disclosures, so
please check in regularly for updates.
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14. Indemnity
You will defend, indemnify, and hold Amzy including our affiliates,
subsidiaries, parents, successors and assigns, and each of our
respective officers, directors, employees, agents, or shareholders
harmless from any claims, actions, suits, losses, costs, liabilities
and expenses (including reasonable attorneys’ fees) relating to or
arising out of your use of the Amzy Platform and participation in
the Services, including: (1) your breach of this Agreement or the
documents it incorporates by reference; (2) your violation of any
law or the rights of a third party, including, without limitation,
Haulers, Customers, Dispatchers, other motorists, and pedestrians,
as a result of your own interaction with such third party; (3) any
allegation that any materials that you submit to us or transmit
through the Amzy Platform or to us infringe or otherwise violate the
copyright, trademark, trade secret or other intellectual property or
other rights of any third party; (4) your ownership, use or
operation of a motor vehicle or hauling vehicle, including your
provision of Services as a Hauler; and/or (5) any other activities
in connection with the Services. This indemnity shall be applicable
without regard to the negligence of any party, including any
indemnified person.
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15. Limitation of Liability
IN NO EVENT WILL AMZY, INCLUDING OUR AFFILIATES, SUBSIDIARIES,
PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS
(COLLECTIVELY “AMZY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU
FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO
STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY
THE AMZY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION
WITH THE AMZY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER
ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE AMZY PLATFORM MAY BE USED BY YOU TO REQUEST AND
SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY
PROVIDERS, BUT YOU AGREE THAT AMZY HAS NO RESPONSIBILITY OR
LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER
SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS
EXPRESSLY SET FORTH IN THEIR TERMS. CERTAIN JURISDICTIONS MAY NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL
RIGHTS.
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16. Term and Termination
This Agreement is effective upon your creation of a User account.
This Agreement may be terminated: a) by User, without cause, upon
seven (7) days’ prior written notice to Amzy; or b) by either Party
immediately, without notice, upon the other Party’s material breach
of this Agreement, including but not limited to any breach of
Section 9 or breach of Section 10(a) through (i) of this Agreement.
In addition, Amzy may terminate this Agreement or deactivate your
User account immediately in the event: (1) you no longer qualify to
provide Services or to operate the approved vehicle under applicable
law, rule, permit, ordinance or regulation; (2) you fall below
Amzy’s star rating or cancellation threshold; (3) Amzy has the good
faith belief that such action is necessary to protect the safety of
the Amzy community or third parties, provided that in the event of a
deactivation pursuant to (1)-(3) above, you will be given notice of
the potential or actual deactivation and an opportunity to attempt
to cure the issue to Amzy’s reasonable satisfaction prior to Amzy
permanently terminating the Agreement. For all other breaches of
this Agreement, you will be provided notice and an opportunity to
cure the breach. If the breach is cured in a timely manner and to
Amzy’s satisfaction, this Agreement will not be permanently
terminated. Sections 2, 6, 7 (with respect to the license), 11-12,
14-19, and 21 shall survive any termination or expiration of this
Agreement.
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17. DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You
and Amzy.
YOU AND AMZY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO
RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND
AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below.
This agreement to arbitrate (“Arbitration Agreement”) is governed by
the Federal Arbitration Act and survives after the Agreement
terminates or your relationship with Amzy ends. ANY ARBITRATION
UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS
ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as
expressly provided below, this Arbitration Agreement applies to all
Claims (defined below) between you and Amzy, including our
affiliates, subsidiaries, parents, successors and assigns, and each
of our respective officers, directors, employees, agents, or
shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN
US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY
RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND AMZY. These
Claims include, but are not limited to, any dispute, claim or
controversy, whether based on past, present, or future events,
arising out of or relating to: this Agreement and prior versions
thereof (including the breach, termination, enforcement,
interpretation or validity thereof), the Amzy Platform, the
Services, any other goods or services made available through the
Amzy Platform, your relationship with Amzy, the threatened or actual
suspension, deactivation or termination of your User Account or this
Agreement, payments made by you or any payments made or allegedly
owed to you, any promotions or offers made by Amzy, any city,
county, state or federal wage-hour law, trade secrets, unfair
competition, compensation, breaks and rest periods, expense
reimbursement, wrongful termination, discrimination, harassment,
retaliation, fraud, defamation, emotional distress, breach of any
express or implied contract or covenant, claims arising under
federal or state consumer protection laws; claims arising under
antitrust laws, claims arising under the Telephone Consumer
Protection Act and Fair Credit Reporting Act; and claims arising
under the Uniform Trade Secrets Act, Civil Rights Act of 1964,
Americans With Disabilities Act, Age Discrimination in Employment
Act, Older Workers Benefit Protection Act, Family Medical Leave Act,
Fair Labor Standards Act, Employee Retirement Income Security Act
(except for individual claims for employee benefits under any
benefit plan sponsored by Amzy and covered by the Employee
Retirement Income Security Act of 1974 or funded by insurance), and
state statutes, if any, addressing the same or similar subject
matters, and all other federal and state statutory and common law
claims. All disputes concerning the arbitrability of a Claim
(including disputes about the scope, applicability, enforceability,
revocability or validity of the Arbitration Agreement) shall be
decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND AMZY ARE
WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL
CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION
AGREEMENT. This Arbitration Agreement is intended to require
arbitration of every claim or dispute that can lawfully be
arbitrated, except for those claims and disputes which by the terms
of this Arbitration Agreement are expressly excluded from the
requirement to arbitrate.
(b) Prohibition of Class Actions and
Non-Individualized Relief.
YOU UNDERSTAND AND AGREE THAT YOU AND AMZY MAY EACH BRING CLAIMS IN
ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT
ON A CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE BASIS (“CLASS
ACTION WAIVER”). YOU UNDERSTAND AND AGREE THAT YOU AND AMZY BOTH ARE
WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR
REPRESENTATIVE PROCEEDING. NOTWITHSTANDING THE FOREGOING, THIS
SUBSECTION (B) SHALL NOT APPLY TO REPRESENTATIVE PRIVATE ATTORNEYS
GENERAL ACT CLAIMS BROUGHT AGAINST AMZY, WHICH ARE ADDRESSED
SEPARATELY IN SECTION 17(C).
The arbitrator shall have no authority to consider or resolve any
Claim or issue any relief on any basis other than an individual
basis. The arbitrator shall have no authority to consider or resolve
any Claim or issue any relief on a class, collective, or
representative basis.
Notwithstanding any other provision of this Agreement, the
Arbitration Agreement or the AAA Rules, disputes regarding the
scope, applicability, enforceability, revocability or validity of
the Class Action Waiver may be resolved only by a civil court of
competent jurisdiction and not by an arbitrator. In any case in
which: (1) the dispute is filed as a class, collective, or
representative action and (2) there is a final judicial
determination that the Class Action Waiver is unenforceable as to
any Claims, the class, collective, and/or representative action on
such Claims must be litigated in a civil court of competent
jurisdiction, but the Class Action Waiver shall be enforced in
arbitration on an individual basis as to all other Claims to the
fullest extent possible.
(c) Representative PAGA Waiver.
Notwithstanding any other provision of this Agreement or the
Arbitration Agreement, to the fullest extent permitted by law: (1)
you and Amzy agree not to bring a representative action on behalf of
others under the Private Attorneys General Act of 2004 (“PAGA”),
California Labor Code § 2698 et seq., in any court or in
arbitration, and (2) for any claim brought on a private attorney
general basis, including under the California PAGA, both you and
Amzy agree that any such dispute shall be resolved in arbitration on
an individual basis only (i.e., to resolve whether you have
personally been aggrieved or subject to any violations of law), and
that such an action may not be used to resolve the claims or rights
of other individuals in a single or collective proceeding (i.e., to
resolve whether other individuals have been aggrieved or subject to
any violations of law) (collectively, “representative PAGA Waiver”).
Notwithstanding any other provision of this Agreement, the
Arbitration Agreement or the AAA Rules, disputes regarding the
scope, applicability, enforceability, revocability or validity of
this representative PAGA Waiver may be resolved only by a civil
court of competent jurisdiction and not by an arbitrator. If any
provision of this representative PAGA Waiver is found to be
unenforceable or unlawful for any reason: (i) the unenforceable
provision shall be severed from this Agreement; (ii) severance of
the unenforceable provision shall have no impact whatsoever on the
Arbitration Agreement or the requirement that any remaining Claims
be arbitrated on an individual basis pursuant to the Arbitration
Agreement; and (iii) any such representative PAGA or other
representative private attorneys general act claims must be
litigated in a civil court of competent jurisdiction and not in
arbitration. To the extent that there are any Claims to be litigated
in a civil court of competent jurisdiction because a civil court of
competent jurisdiction determines that the representative PAGA
Waiver is unenforceable with respect to those Claims, the Parties
agree that litigation of those Claims shall be stayed pending the
outcome of any individual Claims in arbitration.
(d) Rules Governing the Arbitration.
Any arbitration conducted pursuant to this Arbitration Agreement
shall be administered by the American Arbitration Association
(“AAA”) pursuant to its Consumer
Arbitration Rules that are in
effect at the time the arbitration is initiated, as modified by the
terms set forth in this Agreement. Copies of these rules can be
obtained at the AAA’s website (www.adr.org) (the “AAA Rules”) or by
calling the AAA at 1-800-778-7879. Notwithstanding the foregoing, if
requested by you and if proper based on the facts and circumstances
of the Claims presented, the arbitrator shall have the discretion to
select a different set of AAA Rules, but in no event shall the
arbitrator consolidate more than one person’s Claims, or otherwise
preside over any form of representative, collective, or class
proceeding.
As part of the arbitration, both you and Amzy will have the
opportunity for reasonable discovery of non-privileged information
that is relevant to the Claim. The arbitrator may award any
individualized remedies that would be available in court. The
arbitrator may award declaratory or injunctive relief only in favor
of the individual party seeking relief and only to the extent
necessary to provide relief warranted by that party's individual
claims. The arbitrator will provide a reasoned written statement of
the arbitrator’s decision which shall explain the award given and
the findings and conclusions on which the decision is based.
The arbitrator will decide the substance of all claims in accordance
with applicable law, and will honor all claims of privilege
recognized by law. The arbitrator shall not be bound by rulings in
prior arbitrations involving different Customers, Dispatchers or
Haulers, but is bound by rulings in prior arbitrations involving the
same Customer, Dispatcher or Hauler to the extent required by
applicable law. The arbitrator’s award shall be final and binding
and judgment on the award rendered by the arbitrator may be entered
in any court having jurisdiction thereof, provided that any award
may be challenged in a court of competent jurisdiction.
(e) Arbitration Fees and Awards.
The payment of filing and arbitration fees will be governed by the
relevant AAA Rules subject to the following modifications:
1. If you initiate arbitration under this Arbitration Agreement after
participating in the optional Negotiation process described in
subsection (j) below and are otherwise required to pay a filing fee
under the relevant AAA Rules, Amzy agrees that, unless your claim is
for $5,000 or more, your share of the filing and arbitration fees is
limited to $50, and that, after you submit proof of payment of the
filing fee to Amzy, Amzy will promptly reimburse you for all but $50
of the filing fee. If, however, the arbitrator finds that either the
substance of your claim or the relief sought in the claim is
frivolous or brought for an improper purpose (as measured by the
standards set forth in Federal Rule of Civil Procedure 11(b)), then
the payment of all such fees will be governed by the AAA Rules.
2. If Amzy initiates arbitration under this Arbitration Agreement,
Amzy will pay all AAA filing and arbitration fees.
3. With respect to any Claims brought by Amzy against a Hauler or
Dispatcher, or for Claims brought by a Hauler or Dispatcher against
Amzy that: (A) are based on an alleged employment relationship
between Amzy and a Hauler or Dispatcher; (B) arise out of, or relate
to, Amzy’s actual deactivation of a Hauler’s or Dispatcher’s User
account or a threat by Amzy to deactivate a Haulers’s or
Dispatcher’s User account; (C) arise out of, or relate to, Amzy’s
actual termination of a Hauler’s or Dispatcher’s Agreement with Amzy
under the termination provisions of this Agreement, or a threat by
Amzy to terminate a Hauler’s or Dispatcher’s Agreement; or (D) arise
out of, or relate to, Jobs performed (as defined in this Agreement,
including Amzy’s commission on the Jobs Performed), tips, or average
hourly guarantees owed by Amzy to Haulers or Dispatchers for
Services, other than disputes relating to referral bonuses, other
Amzy promotions, or consumer-type disputes (the subset of Claims in
subsections (A)-(D) shall be collectively referred to as “Haulers
and Dispatchers Claims”), Amzy shall pay all costs unique to
arbitration (as compared to the costs of adjudicating the same
claims before a court), including the regular and customary
arbitration fees and expenses (to the extent not paid by Amzy
pursuant to the fee provisions above). However, if you are the party
initiating the Hauler or Dispatcher Claim, you shall be responsible
for contributing up to an amount equal to the filing fee that would
be paid to initiate the claim in the court of general jurisdiction
in the state in which you provide Services to Costumers, unless a
lower fee amount would be owed by you pursuant to the AAA Rules,
applicable law, or subsection (e)(1) above. Any dispute as to
whether a cost is unique to arbitration shall be resolved by the
arbitrator.
4. Except as provided in Federal Rule of Civil Procedure 68 or any
state equivalents, each party shall pay its own attorneys’ fees and
pay any costs that are not unique to the arbitration (i.e., costs
that each party would incur if the claim(s) were litigated in a
court such as costs to subpoena witnesses and/or documents, take
depositions and purchase deposition transcripts, copy documents,
etc.).
5. At the end of any arbitration, the arbitrator may award reasonable
fees and costs or any portion thereof to you if you prevail, to the
extent authorized by applicable law.
6. Although under some laws Amzy may have a right to an award of
attorneys' fees and non-filing fee expenses if it prevails in an
arbitration, Amzy agrees that it will not seek such an award.
7. If the arbitrator issues you an award that is greater than the
value of Amzy’s last written settlement offer made after you
participated in good faith in the optional Negotiation process
described in subsection (j) below, then Amzy will pay you the amount
of the award or U.S. $1,000, whichever is greater.
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(f) Location and Manner of Arbitration.
Unless you and Amzy agree otherwise, any arbitration hearings
between Amzy and a Customer will take place in the county of your
billing address, and any arbitration hearings between Amzy and a
Hauler or Dispatcher will take place in the county in which the
Hauler or Dispatcher provides Services. If AAA arbitration is
unavailable in your county, the arbitration hearings will take place
in the nearest available location for a AAA arbitration. If your
Claim is for $10,000 or less, Amzy agrees that you may choose
whether the arbitration will be conducted solely on the basis of
documents submitted to the arbitrator, through a telephonic hearing,
or by an in-person hearing as determined by the AAA Rules. If your
Claim exceeds $10,000, the right to a hearing will be determined by
the AAA Rules.
(g) Exceptions to Arbitration.
This Arbitration Agreement shall not require arbitration of the
following types of claims: (1) small claims actions brought on an
individual basis that are within the scope of such small claims
court’s jurisdiction; (2) a representative action brought on behalf
of others under PAGA or other private attorneys general acts, to the
extent the representative PAGA Waiver in Section 17(c) of such
action is deemed unenforceable by a court of competent jurisdiction;
(3) claims for workers’ compensation, state disability insurance and
unemployment insurance benefits; and (4) claims that may not be
subject to arbitration as a matter of law.
Nothing in this Arbitration Agreement prevents you from making a
report to or filing a claim or charge with the Equal Employment
Opportunity Commission, U.S. Department of Labor, Securities
Exchange Commission, National Labor Relations Board, or Office of
Federal Contract Compliance Programs, or similar local, state or
federal agency, and nothing in this Arbitration Agreement shall be
deemed to preclude or excuse a party from bringing an administrative
claim before any agency in order to fulfill the party's obligation
to exhaust administrative remedies before making a claim in
arbitration, however you knowingly and voluntarily waive the right
to seek or recover money damages of any type pursuant to any
administrative complaint and instead may seek such relief only
through arbitration under this Agreement. Nothing in this Agreement
or Arbitration Agreement prevents your participation in an
investigation by a government agency of any report, claim or charge
otherwise covered by this Arbitration Provision.
(h) Severability.
In addition to the severability provisions in subsections (c) above,
in the event that any portion of this Arbitration Agreement is
deemed illegal or unenforceable, such provision shall be severed and
the remainder of the Arbitration Agreement shall be given full force
and effect.
(i) Hauler or Dispatcher Claims in Pending
Settlement.
If you are a member of a putative class in a lawsuit against Amzy
involving Hauler or Dispatcher Claims and a Motion for Preliminary
Approval of a Settlement has been filed with the court in that
lawsuit prior to this Agreement’s effective date (a “Pending
Settlement Action”), then this Arbitration Agreement shall not apply
to your Hauler or Dispatcher Claims in that particular class action.
Instead, your Hauler or Dispatcher Claims that Pending Settlement
Action shall continue to be governed by the arbitration provisions
contained in the applicable Agreement that you accepted prior to
this Agreement’s effective date.
(j) Opting Out of Arbitration for Haulers or
Dispatchers Claims That Are Not In a Pending Settlement
Action.
As a Hauler or Dispatcher, you may opt out of the requirement to
arbitrate Hauler or Dispatcher Claims defined in Section 17(e)(3)
(except as limited by Section 17(i) above) pursuant to the terms of
this subsection. If you do not wish to be subject to this
Arbitration Agreement with respect to Hauler or Dispatcher Claims,
you may opt out of arbitration with respect to such Hauler or
Dispatcher Claims, other than those in a Pending Settlement Action,
by notifying Amzy in writing of your desire to opt out of
arbitration for such Hauler or Dispatcher Claims, which writing must
be dated, signed and delivered by: (1) electronic mail to
Contact@amzy.me,
or (2)
by certified mail, postage prepaid and
return receipt requested, or by any nationally recognized delivery
service (e.g, UPS, Federal Express, etc.) that is addressed to:
General Counsel
Amzy LLC.
37856 42nd Ave S
Auburn, WA. 98001
In order to be effective, (A) the writing must clearly indicate your
intent to opt out of this Arbitration Agreement with respect to
Hauler or Dispatcher Claims that are not part of a Pending
Settlement Action, (B) the writing must include the name, phone
number, and email address associated with your User Account, and (C)
the email or envelope containing the signed writing must be sent
within 30 days of the date this Agreement is executed by you. Should
you not opt out within the 30-day period, you and Amzy shall be
bound by the terms of this Arbitration Agreement in full (including
with respect to Hauler or Dispatcher Claims that are not part of a
Pending Settlement Action). As provided in paragraph 17(i) above,
any opt out that you submit shall not apply to any Driver Claims
that are part of a Pending Settlement Action and your Driver Claims
in any such Pending Settlement Action shall continue to be governed
by the arbitration provisions that are contained in the applicable
Amzy Terms of Use that you agreed to prior to the effective date of
this Agreement.
Cases have been filed against Amzy and may be filed in the future
involving Hauler or Dispatcher Claims. You should assume that there
are now, and may be in the future, lawsuits against Amzy alleging
class, collective, and/or representative Hauler or Dispatch Claims
in which the plaintiffs seek to act on your behalf, and which, if
successful, could result in some monetary recovery to you. But if
you do agree to arbitration of Hauler or Dispatcher Claims with Amzy
under this Arbitration Agreement, you are agreeing in advance that
you will bring all such claims, and seek all monetary and other
relief, against Amzy in an individual arbitration provision, except
for the Driver Claims that are part of a Pending Settlement Action.
You are also agreeing in advance that you will not participate in,
or seek to recover monetary or other relief, for such claims in any
court action or class, collective, and/or representative action. You
have the right to consult with counsel of your choice concerning
this Arbitration Agreement and you will not be subject to
retaliation if you exercise your right to assert claims or opt- out
of any Hauler or Dispatcher Claims under this Arbitration Agreement.
(k) Optional Pre-Arbitration Negotiation
Process.
Before initiating any arbitration or proceeding, you and Amzy may
agree to first attempt to negotiate any dispute, claim or
controversy between the parties informally for 30 days, unless this
time period is mutually extended by you and Amzy. A party who
intends to seek negotiation under this subsection must first send to
the other a written notice of the dispute (“Notice”). The Notice
must (1) describe the nature and basis of the claim or dispute; and
(2) set forth the specific relief sought. All offers, promises,
conduct and statements, whether oral or written, made in the course
of the negotiation by any of the parties, their agents, employees,
and attorneys are confidential, privileged and inadmissible for any
purpose, including as evidence of liability or for impeachment, in
arbitration or other proceeding involving the parties, provided that
evidence that is otherwise admissible or discoverable shall not be
rendered inadmissible or non-discoverable as a result of its use in
the negotiation.
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18. Confidentiality
You agree not to use any technical, financial, strategic and other
proprietary and confidential information relating to Amzy’s
business, operations and properties, including User information
(“Confidential Information”) disclosed to you by Amzy for your own
use or for any purpose other than as contemplated herein. You shall
not disclose or permit disclosure of any Confidential Information to
third parties. You agree to take all reasonable measures to protect
the secrecy of and avoid disclosure or use of Confidential
Information of Amzy in order to prevent it from falling into the
public domain. Notwithstanding the above, you shall not have
liability to Amzy with regard to any Confidential Information which
you can prove: was in the public domain at the time it was disclosed
by Amzy or has entered the public domain through no fault of yours;
was known to you, without restriction, at the time of disclosure, as
demonstrated by files in existence at the time of disclosure; is
disclosed with the prior written approval of Amzy; becomes known to
you, without restriction, from a source other than Amzy without
breach of this Agreement by you and otherwise not in violation of
Amzy’s rights; or is disclosed pursuant to the order or requirement
of a court, administrative agency, or other governmental body;
provided, however, that You shall provide prompt notice of such
court order or requirement to Amzy to enable Amzy to seek a
protective order or otherwise prevent or restrict such disclosure.
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19. Relationship with Amzy
As a Hauler or Dispatcher on the Amzy Platform, you acknowledge and
agree that you and Amzy are in a direct business relationship, and
the relationship between the parties under this Agreement is solely
that of independent contracting parties. You and Amzy expressly
agree that (1) this is not an employment agreement and does not
create an employment relationship between you and Amzy; and (2) no
joint venture, franchisor-franchisee, partnership, or agency
relationship is intended or created by this Agreement. You have no
authority to bind Amzy, and you undertake not to hold yourself out
as an employee, agent or authorized representative of Amzy.
Amzy does not, and shall not be deemed to, direct or control you
generally or in your performance under this Agreement specifically,
including in connection with your provision of Services, your acts
or omissions, or your operation and maintenance of your vehicle. You
retain the sole right to determine when, where, and for how long you
will utilize the Amzy Platform. You retain the option to accept or
to decline or ignore a Customer's request for Services via the Amzy
Platform, or to cancel an accepted request for Services via the Amzy
Platform, subject to Amzy’s then-current cancellation policies. With
the exception of any signage required by law or permit/license rules
or requirements, Amzy shall have no right to require you to: (a)
display Amzy’s names, logos or colors on your vehicle(s); or (b)
wear a uniform or any other clothing displaying Amzy’s names, logos
or colors. You acknowledge and agree that you have complete
discretion to provide Services or otherwise engage in other business
or employment activities.
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20. Other Services
In addition to connecting Customers Haulers and Dispatchers, the
Amzy
Platform may enable Users to provide or receive goods or services
from
other third parties. For example, Users may be able to use the Amzy
Platform to order a delivery of goods, purchase a digital item, and
request other Services (collectively, the “Other Services”). You
understand that the Other Services are subject to the terms and
pricing
of the third-party provider. If you choose to purchase Other
Services
through the Amzy Platform, you authorize Amzy to charge your payment
method on file according to the pricing terms set by the third-party
provider. You agree that Amzy is not responsible and may not be held
liable for the Other Services or the actions or omissions of the
third-
party provider. Such Other Services may not be investigated,
monitored
or checked for accuracy, appropriateness, or completeness by us, and
we
are not responsible for any Other Services accessed through the Amzy
Platform.
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21. General
Except as provided in Section 17, this Agreement shall be governed
by the laws of the State of Washington without regard to choice of
law principles. This choice of law provision is only intended to
specify the use of Washington law to interpret this Agreement and is
not intended to create any other substantive right to
non-Washington’s to assert claims under Washington law whether by
statute, common law, or otherwise. If any provision of this
Agreement is or becomes invalid or non-binding, the parties shall
remain bound by all other provisions hereof. In that event, the
parties shall replace the invalid or non- binding provision with
provisions that are valid and binding and that have, to the greatest
extent possible, a similar effect as the invalid or non-binding
provision, given the contents and purpose of this Agreement. You
agree that this Agreement and all incorporated agreements may be
automatically assigned by Amzy, in our sole discretion by providing
notice to you. Except as explicitly stated otherwise, any notices to
Amzy shall be given by certified mail, postage prepaid and return
receipt requested to Amzy, LLC., 37856 42nd Ave. S. Auburn, WA.
98001 Any notices to you shall be provided to you through the Amzy
Platform or given to you via the email address or physical you
provide to Amzy during the registration process. Headings are for
reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section. A party’s failure to
act with respect to a breach by the other party does not constitute
a waiver of the party’s right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding
and agreement between you and Amzy with respect to the subject
matter hereof and supersedes all previous understandings and
agreements between the parties, whether oral or written.
If you have any questions regarding the Amzy Platform or Services,
please contact our Customer Support Team through our Help Center.