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On Demand Logistics Services, Inc. Terms of Service

TERMS OF USE:

These Terms of Use ("Terms") govern the access or use by You, an individual, from within the United States and its territories and possessions of applications, websites, content, products, and services (the "Services") made available in the United States and its territories and possessions by On Demand Logistics Services, Inc. and its subsidiaries and affiliates (collectively, "ODLS"). PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. In this Agreement, the words "including" and "include" mean "including, but not limited to."

 

ACCEPTANCE OF TERMS

Your access and use of the Services constitutes Your agreement to be bound by these Terms, which establishes a contractual relationship between You and ODLS. If You do not agree to these Terms, You may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with You. ODLS 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.

 

MODIFICATIONS

ODLS may amend the Terms related to the Services from time to time. Amendments will be effective upon ODLS’s posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes Your consent to be bound by the Terms, as amended.

 

PRIVACY POLICY

ODLS is dedicated to protecting Your personal information and informing You about how We use it. This privacy policy applies to transactions, activities and data gathered through the ODLS Platform. Please review this privacy policy periodically as We may revise it without notice. This privacy policy was last revised on March 1, 2018 . Each time You use the ODLS Platform or provide Us with information, by doing so You are accepting the practices described in this privacy policy at that time.

1. Data We Collect From You

In order to operate the ODLS Platform and to provide You with information about products or services that may be of interest to You, We may collect “personal information” (i.e. information that could be used to contact You directly (without using the ODLS Platform) such as full name, postal address, phone number, credit/debit card information, or email address) or “demographic information” (i.e. information that You submit, or that We collect, that is not personal information; this may include, but is not limited to, zip code, hometown, gender, username, age/birth date, browsing history information, searching history information, information about items that You may or may not want to ODLS, and registration history information). We will also collect the contact information of Your friends, if You choose to connect Your contacts and address book information with ODLS and Your login credentials to Your social network accounts, such as Facebook and Twitter, if You choose to connect those accounts with Your ODLS account. You represent and warrant that You have the authority to provide Us with any such contact information. Demographic information is divided into two categories:

a.  “non-public information”, which consists of ODLS transaction information and one-on-one communications between you and other users of the ODLS Platform; and


b. “public information”, which consists of all other demographic information.
Please note that nowhere on the ODLS Platform do We knowingly collect, keep or maintain personal information from children under the age of 18, as We require that all users represent to Us that they are at least 18 years old.

2. How We Use Personal Information

We use Your email address and Your other personal information to help Us efficiently operate the ODLS Platform, to contact You in connection with Your transactions and other activities on the ODLS Platform (including, but not limited to, confirmation emails, or important news that could affect Your relationship with ODLS), to forward ODLS information to You from other Users, to forward ODLS information from You to other Users and Non Users who may be recipients of Your good, and to contact You and others to suggest potential matches. We use Your contact information to find and connect with Your friends (when instructed by You). These types of communications are known as “Operational Communications.” In some cases, Operational Communications may also contain commercial messages, such as banner ads and special offers.

To operate the ODLS Platform, including processing Your transactions and supporting Your activities on the ODLS Platform, We may share Your personal information with Our agents, representatives, contractors and service providers so they can provide Us with support services such as email origination, mobile number authentication, receipt or support services, customer relationship management services, and order fulfillment. We require these entities not to use Your information for any other purpose.

By purchasing, or registering or making reservations for, products or services offered or sponsored by third parties on the ODLS Platform, or electing to receive communications (such as emails or material by mail) or electing to participate in contests, sweepstakes or other programs (such as discount or rewards programs), offered or sponsored by third parties on the ODLS Platform, You consent to Our providing Your personal information to those third parties. Those third parties may use Your personal information in accordance with their own privacy policies. You will need to contact those third parties to instruct them directly regarding Your preferences for the use of Your personal information by them. Additionally, You agree that We may use and disclose all such information so submitted to such third parties in the same manner in which We are entitled to use and disclose any other information You submit to Us.

 

Any third party with whom We are allowed to share Your personal information is authorized to use Your personal information in accordance with Our contractual arrangements with such third parties and in accordance with their own privacy policies, over which We have no control, and You agree that We are not responsible or liable for any of their actions or omissions. Those who contact You will need to be instructed directly by You regarding Your preferences for the use of Your personal information by them.

3. How We Use Demographic Data

We may review all demographic Data. We may use public information to enable other users to search Your profile, to determine whether Your ODLS details fit other user's requirements, and to communicate with You. We may use demographic information to tailor the ODLS Platform and communications to Your interests. We may also share demographic information with advertisers on an anonymous and aggregated basis (i.e., without telling the advertisers Your identity). One of the reasons We may do this is to increase the likelihood that Our advertisers' goods and services will appeal to You as a user of the ODLS Platform. Our sharing of demographic information with advertisers is anonymous (i.e., We do not tell advertisers which particular ODLS Users are members of which demographic groups), subject to the rest of this privacy policy. When You respond to an advertisement, however, We ask You to remember that if that ad that is targeted to a demographic group and You decide to give the advertiser Your personal information, then the advertiser may be able to identify You as being a member of that demographic group.

4. How to Edit Your Information

ODLS provides You with the ability to access and edit Your personal information. To update Your personal info, click Settings in the ODLS menu. There You can view, update and correct Your account information.


So that We can protect the integrity of sensitive data, there are certain pieces of information, such as Your age, that You cannot alter Yourself.

Our databases automatically update any personal information You edit in Your profile, or that You request We edit. Information transmitted through boards, chats, polls or through any other means remain in Our databases and become the property of ODLS upon submission. Keep this in mind if You decide to communicate personal information through any of these applications.

5. Information Retention

To preserve the integrity of Our databases, standard procedure calls for Us to retain information submitted by members for an indefinite length of time. ODLS understands Your submissions as consent to store all Your information in one place for this indefinite length of time, if We so wish. If required by law, as is the case to comply with the Children's Online Privacy Protection Act (COPPA), We will nullify member information by erasing it from Our database. We will also respond to written member requests to nullify account information. Also, by using the ODLS Platform, You do hereby represent and warrant that You understand and agree that all information submitted by You through the ODLS Platform or otherwise to ODLS becomes the property of ODLS and may be used in the sole discretion of ODLS in accordance with this Privacy Policy and the Terms of Use.

6. Choice/Opt-Out

ODLS provides Users the opportunity to opt-out of receiving communications from Us and Our partners at the point where We request information about the visitor. ODLS gives Users the option to remove their information from Our database, to not receive future communications or to no longer receive Our service.

7. Special Cases in Which We Share Personal Information

Your personal information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy. We may also disclose personal information when We determine that such disclosure is necessary to comply with applicable law, to cooperate with law enforcement or to protect the interests or safety of ODLS or other visitors to the ODLS Platform. We also may disclose Your personal information to Our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom We are under common corporate control. Whenever personal information is disclosed under this paragraph, We may also disclose Your demographic information along with it, on a non-anonymous basis. All of Our parent, subsidiary and affiliated legal entities and businesses that receive Your personal information or non-anonymous demographic information from Us will comply with the terms of this privacy policy with respect to their use and disclosure of such information.

8. Our Security Precautions

Your ODLS Profile is password-protected so that only You and authorized ODLS employees have access to Your account information. If You have registered for ODLS using Facebook Connect, then Your login and password shall be the same as Your Facebook login and password. In order to maintain this protection, do not give Your password to anyone. ODLS staff will never proactively reach out to You and ask for any personal account information, including Your password. If You share a computer, You should sign out of Your ODLS account and close the browser window before someone else logs on. This will help protect Your information entered on public terminals from disclosure to third parties.


ODLS makes every effort to ensure that Your information is secure on its system. ODLS has staff dedicated to maintaining Our privacy policy as set forth herein and other privacy initiatives, periodically reviewing Web security and making sure that every ODLS employee is aware of Our security practices. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, ODLS cannot guarantee the security of any information You transmit to Us, and You do so at Your own risk. If You have any further questions on this issue, refer to ODLS Terms of Use. ODLS expressly disclaims any liability that may arise should any other individuals obtain the information You submit to the ODLS Platform.

ODLS has security measures in place to protect against the loss, misuse and alteration of the information under Our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which You reside, and the country or jurisdiction in which these computer networks are located may not have privacy laws as protective as the laws in Your country or jurisdiction.

The ODLS Platform may contain links to other web sites. We are of course not responsible for the privacy practices of other web sites. We encourage Our Users to be aware when they leave the ODLS Platform to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by the ODLS Platform.

9. Changing our Privacy Policy for Previously Gathered Information

If at any point We decide to use particular personally identifiable information in a manner materially different from that stated at the time it was collected, We will notify Users by way of an email or by providing 30 days notice on the ODLS Platform. We also encourage You to review this privacy policy periodically. By using the ODLS Platform, You do hereby represent and warrant that You have read, understand and agree to all terms of Agreement. Each time You use the ODLS Platform, You agree to all terms set forth in this Agreement and any other policies published by ODLS on the ODLS Platform. Please note that We will continue to have the right to change Our privacy policy and practices, and how We use Your personally identifiable information, without notice, as described in herein, provided that such changes shall only apply to information gathered on or after the date of the change.

 

The Services constitute a technology platform that enables users of ODLS's mobile applications or websites provided as part of the Services (each, an "Application") to arrange and schedule moving and/or logistics services with third party providers of such services, including independent third party moving providers and third party logistics providers under agreement with ODLS or certain of ODLS’s subsidiaries ("Third Party Providers"). Unless otherwise agreed by ODLS in a separate written agreement with You, the Services are made available solely for Your personal, noncommercial use.

 

In order to use most aspects of the Services, You must register for and maintain an active personal user Services account ("Account"). You must be at least 18 years of age, or the age of legal majority in Your jurisdiction (if different than 18), to obtain an Account. Account registration requires You to submit to ODLS certain personal information, such as Your name, address, mobile phone number and age, as well as at least one valid credit card. You agree to maintain accurate, complete, and up-to-date information in Your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired credit card on file, may result in Your inability to access and use the Services or ODLS's termination of this Agreement with You. You are responsible for all activity that occurs under Your Account, and, as such, You agree to maintain the security and secrecy of Your Account username and password at all times. Unless otherwise permitted by ODLS in writing, You may only possess one Account.

You understand that use of the Services may result in payments by You for the services You receive from a Third Party Provider ("Charges"). After You have received services obtained through Your use of the Service, ODLS will facilitate payment of the applicable Charges on behalf of the Third Party Provider, as such Third Party Provider's limited payment collection agent, using the preferred payment method designated in Your Account, and will send You a receipt by email. Payment of the Charges in such manner shall be considered the same as payment made directly by You to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by You are final and non-refundable, unless otherwise determined by ODLS.

All Charges are due immediately and payment will be facilitated by ODLS using the preferred payment method designated in Your Account. If Your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, You agree that ODLS may, as the Third Party Provider's limited payment collection agent, use a secondary payment method in Your Account, if available.

ODLS reserves the right to establish, remove and/or revise Charges for any or all aspects of the Services at any time in ODLS's sole discretion. Further, You acknowledge and agree that Charges applicable in certain geographical areas may increase substantially during times of high demand of the Services. ODLS will use reasonable efforts to inform You of Charges that may apply, provided that You will be responsible for Charges incurred under Your Account regardless of Your awareness of such Charges or the amounts thereof. ODLS may from time to time provide certain users with promotional offers and discounts that may result in different Charges for the same or similar Services, and You agree that such promotional offers and discounts, unless also made available to You, shall have no bearing on Your use of the Services or the Charges applied to You. You may elect to cancel Your request for Services from a Third Party Provider at any time prior to such Third Party Provider's arrival, in which case You may be charged a cancellation fee.

This payment structure is intended to fully compensate the Third Party Provider for the services provided. ODLS does not designate any portion of Your payment as a tip or gratuity to the Third Party Provider. You understand and agree that, while You are free to provide additional payment as a gratuity to any Third Party Provider who provides You with services obtained through the Service, You are under no obligation to do so. Gratuities are voluntary. After You have received services obtained through the Service, You will have the opportunity to rate Your experience and leave additional feedback about Your Third Party Provider. In the event You feel unwelcome pressure to provide a gratuity, You may factor that experience into the rating or additional feedback You give.


User Cancellations and No Shows

If You need to cancel a ODLS, please cancel the ODLS as soon as possible in order to avoid a cancellation fee. In the event you cancel your ODLS up to 15 minutes of receiving your confirmation email stating that Your Zapt Pro is in route to Your pick-up location, you will NOT be subject to a cancellation fee.

In the event that You cancel a ODLS more than 15 minutes from the receipt of Your “confirmation email” stating that Your Zapt Pro is in route to Your pick-up location, You may be required to pay a cancellation fee.

If a Zapt Pro has arrived at the pick-up location and is waiting more than 30 minutes for You or Your contact to meet the Zapt Pro, the Zapt Pro has the right to continue to their next scheduled delivery, and You may be required to pay a cancellation fee. Zapt Pros receive all of the cancellation fees in exchange for their time spent on Your cancelled ODLS. We reserve the right to suspend or deactivate the Service for users that have cancelled multiple Zapt Pros.


Zapt Pro Cancellations or No Shows

Users will not be charged a cancellation fee for cancelling a ODLS due to a Zapt Pro’s cancellation or no show. Instead, the user will receive a refund or credit for the ODLS if a Zapt Pro fails to arrive at the pick-up location more than 30 minutes after the agreed pick-up time window ending, without calling, texting, or otherwise contacting the user.

Subject to Your compliance with these Terms, ODLS grants You a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (i) access and use the Applications on Your personal device solely in connection with Your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for Your personal, noncommercial use. Any rights not expressly granted herein are reserved by ODLS and ODLS’s licensors.

1.“non-public information”, which consists of ODLS transaction information and one-on-one communications between You and other users of the ODLS Platform; and The Service is not available for use by persons under the age of 18. You may not authorize third parties to use Your Account, and You may not allow persons under the age of 18 to receive moving or logistics services from Third Party Providers unless they are accompanied by You. You may not assign or otherwise transfer Your Account to any other person or entity. You agree to comply with all applicable laws when using the Services, and You may only use the Services for lawful purposes (e.g., no transport of unlawful or hazardous materials). You will not in Your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances ODLS may require You to provide proof of identity to access or use the Services, and You agree that You may be denied access or use of the Services if You refuse to provide proof of identity.

You may not post or otherwise make available on or through the ODLS Platform any of the following:

  • Content that is libelous, defamatory, abusive, offensive or hateful;

  • Content that is obscene, pornographic, indecent or sexually explicit, depicts graphic, excessive or gratuitous violence;

  • Content that is illegal, harmful or offensive or that would encourage, solicit, foster, glorify or provide instructions for any criminal or civil offense;

  • Content that may infringe, misappropriate or violate any intellectual property rights, rights of privacy, rights of publicity or any other rights of others;

  • Viruses, corrupted data or other harmful, disruptive or destructive files or code;

  • Content that, in ODLS's judgment, is objectionable, may restrict or inhibit another from enjoying the ODLS Platform or may expose ODLS or users of the ODLS Platform to harm or liability of any type; and/or

  • Content that You are contractually or legally required to keep confidential.

Also, You may not do any of the following in connection with the ODLS Platform or other users: Use the ODLS Platform in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the ODLS Platform or that could damage, disable, overburden or impair the functioning of the ODLS Platform; Intimidate, threaten, stalk, bully or otherwise harass other users; Post spam or commercial messages through the ODLS Platform; Create an account or submit a Request if You are not over 18 years of age; Use the ODLS Platform for any illegal or unauthorized purpose or to engage in, encourage or promote any activity that is unlawful or that violates these Terms; or Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the ODLS Platform, its users, or third parties.


Your use of the ODLS Platform is at Your own risk. ODLS is not responsible or liable for the conduct of, or Your interactions with, any other users (whether online or offline) or for any related damage or harm. As a provider of interactive services, ODLS is not liable for the content of any Requests. Although we have no obligation to screen, edit or monitor Requests, we reserve the right, and have the discretion, to screen, edit or remove any Requests at any time, for any reason and without notice. The ODLS app was designed for on-demand delivery, hauling, and moving of Your items, not for Your personal transportation needs. Any driver who transports a user during the transaction, is doing so completely under their own personal insurance and liability. This is not a service that ODLS provides. This breaches Your agreement with ODLS. Please use Your best judgment and proceed with caution before getting in the vehicle with another person.

ODLS provides (at no charge to the user) a maximum liability for the entire shipment, known as “Cargo”, of $50,000, unless supplemental Cargo liability coverage is purchased by the User. Supplemental Cargo coverage is offered during the “Create a Task” section of the ODLS application.

If the ODLS decides to reimburse You for, or replace, a lost or damaged item, ODLS may claim the item as its property. However, ODLS is not responsible for the condition or safe delivery of any of the following items if they are included in Your shipment:

- Perishable items
- Items made of pressboard, particle board or similar pressed material.

ODLS is not liable for the loss of or damage to any article under the following circumstances:

- Breakage that occurs on items that are packed by You or Your representative unless it can be proved that the breakage resulted from negligence by the Zapt Pro when handling the articles;
- Internal damage to electronics (radios, stereos, CD/DVD players, televisions, computers, printers, scanners, etc.) when no visible damage to the external packaging or contents exists;
- Loss or damage from insects, moths, vermin, mold, fungus, or bacteria within Your goods or that develops due to conditions present before the Zapt Pro picks up Your goods;
- Loss or damage because the item was in an obvious state of disrepair at the time of shipment, provided that the Zapt Pro noted the disrepair along with photographic proof within the Zapt Pro section of the ODLS App
- Loss or damage resulting from explosives or other dangerous goods that are included in Your shipment;
- Defective design of a good, including susceptibility to damage because of atmospheric conditions such as temperature or humidity changes;
- Loss or damage due to fire, flood, weather, act of God, governmental action, transportation delays, supplier carrier problems, airport or port closures, labor disturbances, riots, terrorism, sabotage, or any other circumstance of Force Majeure.
- Seizure, confiscation, or destruction under quarantine by order of any government or public authority.

If an item or something that belongs to You is damaged during the extent of a ODLS request, You can submit a claim to support@zapt.co and it will go through the claims process. The claims process may include communication with the Moving Provider in order to settle any disputes.

You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between You and ODLS, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that You and ODLS are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both You and ODLS otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

ARBITRATION RULES AND GOVERNING LAW

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.

ARBITRATION PROCESS

A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at https://www.adr.org/sites/default/files/Commercial%20Demand%20for%20Arbitration.pdf. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Florida and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

ARBITRATION LOCATION AND PROCEDURE

Unless You and ODLS otherwise agree, the arbitration will be conducted in the State of Florida, Orange County. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

ARBITRATOR'S DECISION

The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If You prevail in arbitration You will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. ODLS will not seek, and hereby waives all rights ODLS may have under applicable law to recover, attorneys' fees and expenses if ODLS prevail in arbitration.

FEES

Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, ODLS will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

ODLS SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE, EVEN IF ODLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ODLS SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES INCURRED BY YOU ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF ODLS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ODLS SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND ODLS’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD PARTY MOVING PROVIDERS PROVIDING MOVING SERVICES REQUESTED THROUGH ODLS MAY OFFER PEER-TO-PEER MOVING SERVICES AND MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT SHALL ODLS’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIVE HUNDRED U.S. DOLLARS (US $500).

THESE LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

ODLS may, in ODLS’s sole discretion, permit You from time to time to submit, upload, publish or otherwise make available to ODLS through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions ("User Content"). Any User Content provided by You remains Your property. However, by providing User Content to ODLS, You grant ODLS a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and ODLS’s business and on third- party sites and services), without further notice to or consent from You, and without the requirement of payment to You or any other person or entity.

You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content or You have all rights, licenses, consents and releases necessary to grant ODLS the license to the User Content as set forth above; and (ii) neither the User Content nor Your submission, uploading, publishing or otherwise making available of such User Content nor ODLS’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by ODLS in its sole discretion, whether or not such material may be protected by law. ODLS may, but shall not be obligated to, review, monitor, or remove User Content, at ODLS’s sole discretion and at any time and for any reason, without notice to You.

The ODLS Platform collects location information and it will be used and disclosed as set forth in the Privacy Policy at POST PRIVACY POLICY LINK
 

We request permission for our app’s collection of precise location from Your device per the permission system used by Your mobile operating system. If You initially permit the collection of this information, You can later disable it by changing the location settings on Your mobile device. However, this will limit Your ability to use certain features of our Services. Additionally, disabling our app’s collection of precise location from Your device will not limit our ability to collect Your trip location information from a Driver's device nor our ability to derive approximate location from Your IP address


THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ODLS 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, ODLS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ODLS 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, ODLS MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY GOODS OR SERVICES OBTAINED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY THIRD PARTY GOOD OR SERVICES OBTAINED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

THIS DISCLAIMER DOES NOT ALTER YOUR RIGHTS AS A CONSUMER TO THE EXTENT NOT PERMITTED UNDER THE LAW IN THE JURISDICTION OF YOUR PLACE OF RESIDENCE.


You agree to indemnify and hold ODLS and its officers, directors, shareholders, employees and agents, harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with: (i) Your use of the Services; (ii) Your breach or violation of any of these Terms; (iii) ODLS’s use of Your User Content; or (iv) Your violation of the rights of any third party, including Third Party Providers.

"ODLS may suspend or terminate Your rights to access or use the ODLS Platform (including the App) for any reason or for no reason at all and with or without notice at ODLS's discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension."

You may not assign these Terms without ODLS’s prior written approval. ODLS may assign these Terms without Your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of ODLS’s equity, business or assets; or (iii) a successor by merger. Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between You, ODLS or any Third Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ODLS in writing.

The Services may be made available or accessed in connection with third-party services and content (including advertising) that ODLS does not control. You acknowledge that different terms of use and privacy policies may apply to Your use of such third-party services and content. ODLS does not endorse such third party services and content and in no event shall ODLS be responsible or liable for any products or services of such third party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if You access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary's terms of service.

"TEXT MESSAGING”

By creating an Account, You agree that the Services may send You informational text (SMS) messages as part of the normal business operation of Your use of the Services. You acknowledge that opting out of receiving text (SMS) messages may impact Your use of the Services.

PROMOTIONAL CODES

ODLS may, in ODLS’s sole discretion, create promotional codes that may be redeemed for Account credit or other features or benefits related to a Third Party Provider's services, subject to terms that ODLS establish on a per promotional code basis (""Promo Codes""). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by ODLS; (iii) may be disabled by ODLS at any time for any reason without liability to ODLS; (iv) may only be used pursuant to the specific terms that ODLS establish for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to Your use. ODLS reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by You or any other user in the event that ODLS determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by ODLS; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if You access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ODLS does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

You acknowledge that portions of the Services may be made available under ODLS's various brands or service request options associated with transportation, delivery or logistics, including the transportation request brands currently referred to as "ODLS247," "ODLS Lite," "Big ODLS," "ODLS Heavy", and "Commercial ODLS". You also acknowledge that the Services may be made available under such brands or request options by or in connection with: (i) certain of ODLS's subsidiaries and affiliates; or (ii) independent Third Party Providers, including Transportation Network Company drivers, Transportation Charter Permit holders or holders of similar transportation permits, authorizations or licenses.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of
prohibited or restricted parties.

 

 

By using the Service, a Third-Party Provider represents, warrants and agrees that:

• Third-Party Provider is at least 21 years of age.
• Third-Party Provider has undergone extensive background screening and has met all requirements set by ODLS for both Criminal and Department of Motor Vehicle background checks.
• Third-Party Provider has the ability to lift and carry items that may be up to or exceed 75 pounds.
• Third-Party Provider may, but is not required to, assist with lifting the item being transported in connection with the Services.
• Third-Party Provider may, but is not required to, allow User to ride along or assist during a ODLS and in doing so, accepts all liability associated with allowing user to ride in Zapt Pro’s vehicle.
• Third-Party Provider possesses a valid driver’s license and is authorized to operate a motor vehicle.
• Third-Party Provider owns, or has the legal right to operate, the vehicle. Such vehicle to be used for providing Services shall be in good operating condition, and shall meet the industry safety standards and all applicable statutory and state department of motor vehicle or highway patrol requirements for a vehicle of its kind.
• Third-Party Provider will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws.
• Upon arrival, Third-Party Provider will inspect, will take a photograph, and note any preexisting damage that is evident of any and all items to be transported, moved, relocated, or the messengered to the extent such items are already damaged. In the event the User claims its items were damaged in transport, the Third-Party Provider will note and describe the alleged damages, photograph the same and immediately notify Zapt Pro.
• Third-Party Provider will not make any representations regarding ODLS247, or the Application.
• The Third-Party Provider will not make any representations concerning the Services or Third-Party Provider’s status as a Third-Party Provider. The Third-Party Provider will further not offer or provide transportation or moving service for profit, as a public carrier, moving company, or taxi service, charge for hauls or services or otherwise seek non-voluntary compensation from Users, or engage in any other activity in a manner that is inconsistent with such Third-Party Provider’s obligations under this Agreement.
• Third-Party Provider will agree to provide services to Users in the vehicle that has been listed by, inspected by, and photographed by Zapt Pro.
• Third-Party Provider will not discriminate 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 in violation of any State or Federal Law or State or Federal

 

Constitution

ODLS will maintain an excess insurance policy that will cover damage to the cargo or items being moved as part of the Services. This policy offers excess liability protection over a Zapt Pro’s existing insurance policy while Zapt Pro is providing the Services.

ODLS’s liability for damage to a User's cargo will not exceed $50,000 per Service. In addition, ODLS will maintain an insurance policy with an excess liability insurance providing coverage for up to $1,000,000 per occurrence, up to an aggregate of $2,000,000.

ANY AND ALL CLAIMS FOR DAMAGES THAT ARE INCURRED DURING A MOVE MUST BE REPORTED TO THE COMPANY WITHIN 24 HOURS OF THE COMPLETION OF THE MOVE OR THE ABILITY TO RECEIVE COVERAGE FROM BOTH COMPANY AND ITS INSURANCE CARRIERS ARE NULL AND VOID. YOU WILL HAVE AN ADDITIONAL 24 HOURS TO COMPLETE A DAMAGE REPORT INCLUDING PHOTOGRAPHS AND DESCRIPTIONS OF ANY AND ALL ITEMS THAT YOU BELIEVE WERE DAMAGED DURING YOUR MOVE.

This policy offers excess liability protection over a Zapt Pro’s existing insurance policy while Zapt Pro is providing the Services. This policy is limited to liability only and does not provide coverage for collision, comprehensive or wear and tear damage to a Zapt Pro’s vehicle. This is merely a summary of ODLS’s insurance policies as of the date this Terms of Use was last modified. Nothing contained herein should be interpreted as binding or creating any obligation of ODLS to provide any specific type, kind or limit of insurance coverage.

(last modified, 3/1/2018)